Palo Alto City Council
May 16, 2022

AMENDMENT NO. 2 TO CONTRACT NO. C20175911
BETWEEN THE CITY OF PALO ALTO AND LABYRINTH SOLUTIONS INC.

This Amendment No. 2 (this “Amendment”) to Contract No. C20175911 (the “Contract” as defined below) is entered into as of May 2 , 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and LABYRINTH SOLUTIONS INC. , a Massachusetts corporation, located at 303 Waym an Street, Suite 300, Waltham, MA, 02451 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Part ies” in this Amendment.

R E C I T A L S

A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of information technology professional services, cloud computing hosting and support services, and as-needed SAP application technical / functional support services, as detailed therein.

B. Contract C20175911, previously pursuant to CMAS # 3-19-70-3652A, is updated by CMAS # 3-21-10-1067, GSA Base Schedule # GS-35F-540GA, CMAS term dates from October 25, 2021 to July 11, 2022.

C. Pursuant to Amendme nt No. 1, the Parties previously amended the Contract to extend the term through April 21, 2022 at no added cost to the City in order to complete a formal solicitation process and award a new contract.

D. The Parties now wish to amend the Contract in order to extend the term of the contract by 6-months through October 21, 2022 at no added cost to the City in order to execute and transition the new contract awarded.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:

SECTION 1. Definitions. The following definitions shall apply to this Amendment:

a. Contract. The term “Contract” shall mean Contract No. C20175911 between CONSULTANT and CITY, dated October 9, 2019 as amended by:

Amendment No.1, dated December 13, 2021.

b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.

SECTION 2. Section 6, “TERM,” of the Contract is hereby amended to read as follows:

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“6. Term. The term of the Agreement shall comme nce on the date provided in the Notice to Proceed issu ed in writing by the CITY as provided for in the section entitled “Schedule of Performance” in the Statement of Work, and shall continue for thirty-six (36) months thereafter, unless terminated earlier as provided for in this Agreement.”

SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.

SECTION 4. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.

(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)

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SIGNATURES OF THE PARTIES

IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.

CITY OF PALO ALTO

City Manager

APPROVED AS TO FORM:

City Attorney or designee

LABYRINTH SOLUTIONS INC.

Officer 1

By:

Name:

Title:

Attachments: None

DocuSign Envelope ID: 9DD90B99-E8AA-4D95-A668-0490E3BFEA35 Nader Tirandazi
CEO

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AMENDMENT NO. 1 TO CONTRACT NO. C20175911
BETWEEN THE CITY OF PALO ALTO AND LABYRINTH SOLUTIONS INC.

This Amendment No. 1 (this “Amendment”) to Contract No. C20175911 (the “Contract” as defined below) is entered into as of December 13, 2021, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and LABYRINTH SOLUTIONS INC. , a Massachusetts corporation, located at 303 Waym an Street, Suite 300, Waltham, MA, 02451 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Part ies” in this Amendment.

R E C I T A L S

A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of pr oviding information technology professional services, cloud computing hosting and support services, and as -needed SAP application technical / functional support services, as detailed therein.

B. Contract C20175911, previously pursuant to CMAS # 3-19-70-3652A, is updated by CMAS # 3-21-10-1067, GSA Base Schedule # GS-35F-540GA, CMAS term dates from October 25, 2021 to July 11, 2022.

C. The Parties now wish to amend the Contract in order to extend the term of the contract by 6-months, from October 22, 2021 to April 21, 2022, to complete the formal solicitation process and execute the new contract awarded. This amendment is at no added cost to the City.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:

SECTION 1. Definitions. The following definitions shall apply to this Amendment:

a. Contract. The term “Contract” shall mean Contract No. C20175911 between CONSULTANT and CITY, dated October 9, 2019.

b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.

SECTION 2. Section 6.“TERM” of the Contract is hereby amended to read as follows:

“6. Term. The term of the Agreement shall comme nce on the date provided in the Notice to Proceed issu ed in writing by the CITY as provided for in the section entitled “Schedule of Performance” in the Statement of Work, and shall continue for thirty (30) months thereafter, unless terminated earlier as provided for in this Agreement.

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SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.

SECTION 4. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.

(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)

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SIGNATURES OF THE PARTIES

IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.

CITY OF PALO ALTO

City Manager

APPROVED AS TO FORM:

City Attorney or designee

LABYRINTH SOLUTIONS INC.

Officer 1

By:

Name:

Title:

Attachments: None

DocuSign Envelope ID: 15D9D82B-6177-4D75-BC86-7E9C3D5CCC7F CEO
Nader Tirandazi

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City of Palo Alto (ID # 14382)
City Council Staff Report

Report Type: Consent Calendar Meeting Date: 5/16/2022

City of Palo Alto Page 1
Summary Title: SECOND READING: Retail Temporary Ordinance Extension Title: SECOND READING: Adoption of an Ordinance Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commer cial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) the Retail and Ground Floor Combining Districts. Environmental Review:

Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) until December 16, 2022. (FIRST READING: May 2, 2022:

PASSED 7-0)
From: City Manager
Lead Department: Planning and Development Services

This was heard by the City Council on May 2, 2022 for a first reading and was approved 7- 0. No changes were made to the Ordinance; it is now before you for a second reading.

Attachments:

Attachment11.a: Attachment A: Ordinance Temporarily Extending Ord 5517 Amending PAMC Ch 18.04, 18.16, 18.18, 18.30 (PDF)
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Ordinance No. _____

Ordinance of the Council of the City of Palo Alto Temporarily Extending Ordinance 5517, Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor combining districts

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. On April 5, 2021 the City Council adopted Ordinance 5517 to temporarily relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity.

B. The City Council directed the Planning and Transportation Commission (PTC) to review certain elements of the temporary ordinance and provide a recommendation to the City Council.

C. On March 30, 2022 the PTC recommended that the term of Ordinance 5517 be extended to allow additional time for consideration of whether the temporary relaxation of zoning regulations should remain indefinitely, and whether such regulations should be otherwise amended.

D. The public health, safety, or welfare require that the amendments temporarily enacted by Ordinance 5517 remain in effect without interruption while the PTC conducts its additional review.

SECTION 2
. The effective date of Ordinance 5517 of the Palo Alto City Council, attached hereto as Exhibit A and incorporated herein, is hereby extended so that the Ordinance shall expire upon the earlier of December 16, 2022 or adoption of replacement legislation by the City Council. Upon expiration of Ordinance 5517, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate.

SECTION 3
. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent

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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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5.

The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen.

SECTION 6. This ordinance shall be effective on the thirty-first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning & Development
Services

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Ordinance No. 5517

Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor Combining Districts

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of Coronavirus Disease 2019 (“COVID-19”).

B. As a result of the COVID-19 pandemic and the public health response, restaurant, retail, tourism, and hospitality business has significantly declined and the nation is experiencing a recession.

C. The City Council desires to relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity.

D. The public health, safety, or welfare require that such changes to the City’s zoning regulations be enacted for a temporary period and as expediently as possible, without review by the Planning and Transportation Commission pursuant to Palo Alto Municipal Code section 18.80.090.

SECTION 2. Section 18.04.030 (Definitions) of Ch apter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:

18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings ascribed in this section.
[. . .]
(45) “Drive-in/drive-through service” means a feature or characteristic of a use involving sales of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive- through services such as mechanical automobile washing, pharmacy windows, coffee stands, automatic teller machines, etc. [. . .]







 







EXHIBIT A

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(47) “Eating and drinking service” means a use providing preparation and retail sale of food and beverages with a full menu and providing indoor seating area. Eating and drinking service include presence of a full commercial kitchen and commercial dishwasher. including restaurants, fountains, cafes, coffee shops, sandwich shops, ice cream parlors, taverns, cocktail lounges and similar uses. For establishments with incidental sale alcoholic beverages, a minimum of 50% of revenues from an ‘eating and drinking service’ must be derived from the sale of food. Related definitions are provided in subsections (45) (Drive-in/drive-through service), (125)(B) (Intensive retail service) and (136) (Take-out service). [. . .]
(95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste).
(95.1) (A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title

15. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). (95.2) (B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research.

Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products. (95.3) (C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising.

Hospitals and ambulance services are not included in this definition. [. . .]







 







EXHIBIT A

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(114) “Personal service” means a use providing services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including:
(A) Beauty shops, nail salons, day spas, and barbershops; (B) Self-service laundry and cleaning services; laundry and cleaning pick-up stations where all cleaning or servicing for the particular station is done elsewhere; and laundry and cleaning stations where the cleaning or servicing for the particular station is done on site, utilizing equipment meeting any applicable Bay Area Air Quality Management District requirements, so long as no cleaning for any other station is done on the same site, provided that the amount of hazardous materials stored does not at any time exceed the threshold which would require a permit under Title 17 (Hazardous Materials Storage) of this code; (C) Repair and fitting of clothes, shoes, and personal accessories; (D) Quick printing and copying services where printing or copying for the particular service is done on site, so long as no quick printing or copying for any off-site printing or copying service is done on the same site;
(E) Internet and other consumer electronics services; (F) Film, data and video processing shops, including shops where processing for the particular shop is done on site, so long as no processing for any other shop is done on the same site;
(G) Art, dance or music studios intended for an individual or small group of persons in a class (see “commercial recreation” for other activities); and (H) Fitness and exercise studios, or similar uses, in a space having of 1,800 5,000 square feet or fewer of gross floor area (see “commercial recreation” for uses exceeding 5,000 square feet other activities).
(I) Learning centers intended for individual or small group settings, including tutoring, standardized test preparation, language classes, after-school programs, cooking classes, and similar uses.
[. . .]
(125) “Retail service” means a use open to the public during typical business hours and predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use.
(A) “Extensive retail service,” as used with respect to parking requirements, means a retail sales use having more than seventy-five percent of the gross floor area used for display, sales, and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area.







 







EXHIBIT A

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(B)  “Intensive retail service” as used with respect to parking requirements, means any retail service use not defined as extensive retail service and including limited food service (i.e. ‘ready-to-eat’ food and/or beverage shops without a full commercial kitchen, where food and/or beverages are ready to consume at the time of sale and any seating area is limited; examples include sandwiches, frozen desserts, non-alcoholic beverages, and baked items). [. . .]
(136) “Take-out service” means a characteristic of an eating or drinking service which encourages, on a regular basis, consumption of food or beverages, such as prepared or prepackaged items, outside of a building, in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off-site. Take-out service does not include intensive retail service uses, as defined in subsection (125)(B). [. . .]
SECTION 3. Section 18.16.040 (Land Uses) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:

The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. (a) Commercial Zones and Land Uses
Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1:

TABLE 1

PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use CUP = Conditional Use Permit Required LAND USE CN(4) CC, CC(2) CS (4) Subject to Regulations In:

ACCESSORY AND SUPPORT
USES

Accessory facilities and activities
customarily associated with or
essential to permitted uses, and
operated incidental to the principal
use.

P P P 18.42
Drive-in services or take-out
services associated with permitted
uses
(3)
CUP CUP CUP 18.42







 







EXHIBIT A

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Tire, battery, and automotive service
facilities, when operated incidental to
a permitted retail service or
shopping center having a gross floor
area of more than 30,000 square
feet.

CUP 18.42, 18.40.160
Safe Parking 18.42.160

EDUCATIONAL, RELIGIOUS, AND

ASSEMBLY USES

Business and Trade Schools P P
Churches and Religious Institutions P P P
Private Educational Facilities CUP P P
Private Clubs, Lodges, or Fraternal
Organizations

CUP P P

MANUFACTURING AND

PROCESSING USES

Recycling Centers CUP CUP CUP
Warehousing and Distribution CUP

OFFICE USES
Administrative Office Services P 18.16.050
Medical Offices CUP
(5)
CUP (5) CUP (5) 18.16.050
Professional and General Business
Offices
P P P 18.16.050

PUBLIC/QUASI-PUBLIC USES
Utility Facilities essential to provision
of utility services but excluding
construction or storage yards,
maintenance facilities, or corporation
yards.

CUP CUP CUP

RECREATION USES
Commercial Recreation CUP
(5)
CUP (5) CUP (5) 18.40.160
Outdoor Recreation Services CUP CUP CUP







 







EXHIBIT A

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RESIDENTIAL USES
Multiple-Family P(1) P(1) P(1) 18.16.060(b) and (c)
Home Occupations P P P
Residential Care Homes P P P

RETAIL USES
Eating and Drinking Services,
excluding drive-in and take-out
services
P P P 18.40.160
Retail Services, excluding liquor
stores
P P P 18.40.160
Liquor stores CUP P P 18.40.160
Shopping Centers P 18.16.060(e), 18.40.160

SERVICE USES
Ambulance Services CUP CUP CUP
Animal Care, excluding boarding
and kennels
P P P
Boarding and Kennels CUP
Automobile Service Stations CUP CUP CUP 18.30(G)
Automotive Services CUP
Convalescent Facilities CUP P P
Day Care Centers P P P 18.40.160
Small Family Day Care Homes P P P
Large Family Day Care Homes P P P
Small Adult Day Care Homes P P P
Large Adult Day Care Homes CUP P P
Banks and Financial Services V CUP P(2) P(2)
General Business Services CUP P
Hotels P P 18.16.060(d), 18.40.160







 







EXHIBIT A

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Mortuaries CUP P P
Neighborhood Business Services P 18.16.060(f)
Personal Services P P (6) P 18.16.060(f), 18.40.160
Reverse Vending Machines P P P

TEMPORARY USES
Farmer's Markets CUP CUP CUP
Temporary Parking Facilities,
provided that such facilities shall
remain no more than five years.

CUP CUP CUP

TRANSPORTATION USES
Parking as a principal use CUP CUP
Transportation Terminals CUP CUP
P = Permitted Use CUP = Conditional Use Permit Required

(1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c).
(2) Except drive-in services.
(3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another.
(4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit. (5) A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area, with the following exceptions, for which a conditional use permit is always required: (A) medical office fronting on California Avenue and in the Midtown Shopping District; (B) commercial recreation uses fronting on California Avenue and in the Town and Country Village Shopping Center.
(6) A conditional use permit is required for the following uses when fronting on California Avenue: (A) Fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area; and (B) Learning centers intended for individual or small group settings. A conditional use permit is required for 






 







EXHIBIT A

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fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area in Town and Country Village Shopping Center.
[. . .]
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:

18.16.060 Development Standards
[. . .]
(f) Size of Establishments in the CN District
In the CN district, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 5.  Such uses may be allowed to exceed the maximum establishment size, subject to issuance of a conditional use permit in accord with Section

18.76.010.  The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

TABLE 5

MAXIMUM SIZE OF ESTABLISHMENT

Type of Establishment Maximum Size (sq ft)
Personal Services 2,500 3,000
Retail services, except grocery stores 15,000
Grocery stores 20,000
Eating and drinking services 5,000
Neighborhood business services 2,500 3,000

[. . .]
(h) Outdoor Sales and Storage
(2) In the CC district and in the CC (2) district, the following regulations shall apply to outdoor sales and storage:
(A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses,
(iii) Farmers’ markets that have obtained a conditional use permit, and 






 







EXHIBIT A

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(iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit.

SECTION 5. Sections 18.18.050 (Lan d Uses) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:

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

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

Table 1
CD Permitted and Conditionally Permitted Uses
P Permitted Use • CUP Conditional Use Permit Required CD-C CD-S CD-N Subject to
regulations in
Chapter
:

ACCESSORY USES
Accessory facilities and activities associated with or
essential to permitted uses, and operated incidental
to the principal use
P P P
Drive-in or Take-out Services associated with
permitted uses (2)

CUP CUP CUP
Tire, battery, and automotive service facilities, when
operated incidental to a permitted retail service or
shopping center having a gross floor area of more
than 30,000 square feet
CUP 18.40.160
Safe Parking 18.42.160

EDUCATIONAL, RELIGIOUS, AND ASSEMBLY
USES

Business and Trade Schools P P
Churches and Religious Institutions P P P







 







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Private Educational Facilities P P CUP
Private Clubs, Lodges, or Fraternal Organizations P P CUP

MANUFACTURING AND PROCESSING USES
Recycling Centers CUP CUP CUP
Warehousing and Distribution CUP

OFFICE USES
Administrative Office Services P 18.18.060(f)
Medical, Professional, and General Business Offices P P P 18.18.060(f)

PUBLIC/QUASI-PUBLIC FACILITY USES
Utility Facilities essential to provision of utility
services but excluding construction or storage yards,
maintenance facilities, or corporation yards

CUP CUP

RECREATION USES
Commercial Recreation CUP
(3)
CUP
(3)
CUP
(3)

Outdoor Recreation Services CUP CUP CUP

RESIDENTIAL USES
Multiple-Family P (1) P (1) P (1) 18.18.060(b)
Home Occupations P P P
Residential Care Homes P P P

RETAIL USES
Eating and Drinking Services, except drive-in or take-
out services
P P P 18.18.060(g) , 1

8.40.160
Retail Services, excluding liquor stores P P P 18.18.060(g) , 1

8.40.160
Shopping Centers P 18.18.060(g) , 1







 







EXHIBIT A

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8.40.160
Liquor Stores P P CUP 18.40.160

SERVICE USES
Animal Care, excluding boarding and kennels P P P
Ambulance Services CUP CUP CUP 18.30(G)
Automobile Service Stations CUP CUP CUP
Automobile Services CUP
Convalescent Facilities P P CUP
Day Care Centers P P P 18.40.160
Small Family Day Care Homes P P P
Large Family Day Care Homes P P P
Small Adult Day Care Homes P P P
Large Adult Day Care Homes
Financial Services, except drive-up services P P CUP
General Business Services CUP P P
Hotels P P P 18.18.060(d) , 1

8.40.160
Mortuaries P P CUP
Personal Services P (4) P (4) P (4) 18.18.060(g) , 1

8.40.160
Reverse Vending Machines P P P

TRANSPORTATION USES
Parking as a principal use CUP CUP
Passenger Transportation Terminals CUP







 







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TEMPORARY USES
Indoor Farmers’ Markets CUP CUP CUP
Temporary Parking Facilities, provided that such
facilities shall remain no more than five years

CUP CUP CUP
P Permitted Use CUP Conditional Use Permit Required (1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060(c). (2) Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another.
(3) A conditional use permit is not required for commercial recreation uses up to 5,000 square feet of gross floor area, with the following exceptions, for which a conditional use permit is always required: (A) medical office fronting on University Avenue; (B) commercial recreation uses fronting on University Avenue.
(4) A conditional use permit is required for the following uses when fronting on University Avenue: (A) Fitness or exercise studios, and similar uses; and (B) Learning centers intended for individual or small group settings.

SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
[. . .]
(g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. //
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TABLE 4

MAXIMUM SIZE OF ESTABLISHMENT

Type of Establishment Maximum Size (ft 2 )
Personal Services 2,500 3,000
Retail services, except grocery stores 15,000
Grocery stores 20,000
Eating and drinking services 5,000

(h) Outdoor Sales and Storage.

The following regulations shall apply to outdoor sales and storage in the CD district:
(1) CD-C Subdistrict
In the CD-C subdistrict, the following regulations apply:
(A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses,
(iii) Farmers' markets which have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit.
(C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit.
(2) CD-S Subdistrict
In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services and intensive retail uses shall be permitted subject to the following regulations:
(A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. 






 







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(B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening.
(C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height.
(3) CD-N Subdistrict
In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for:
(A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and (B) Farmers' markets that have obtained conditional use permits. [. . .]
SECTION 7. Section 18.30(A).040 (Permitted Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows:

Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the following uses shall be permitted in an R district:
(a) Eating and drinking services, except drive-in and take-out services. (b) Personal services, except the following on California Avenue: beauty shops; nail salons; barbershops; and laundry and cleaning services as defined in Section 18.04.030(114)(B); fitness or exercise studios exceeding 1,800 square feet in gross floor area; and learning centers intended for individual or small group settings.
(c) Retail services.
(d) All other uses permitted in the underlying commercial district, provided they are not located on a ground floor.

SECTION 8. Section 18.30(A).050 (Conditional Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows:

The following uses may be conditionally permitted in an R district, subject to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval):
(a) Financial services, except drive-in services, on a ground floor. (b) All other conditional uses allowed in the underlying commercial district provided they are not located on a ground floor.
(c) Formula retail businesses on California Avenue.







 







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(d) Beauty shops, nail salons, and barbershops, fitness or exercise studios exceeding 1,800 square feet in gross floor area; and learning centers intended for individual or small group settings.

SECTION 9. Section 18.30(C).020 (Permitted Uses ) of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows:
(a) The following uses shall be permitted in the GF combining district, subject to restrictions in Section 18.40.160180:
(1) Eating and drinking;
(2) Hotels;
(3) Personal services, except for parcels with frontage on University Avenue, where uses defined in Section 18.04.030(114)(B), (G), and (H), and (I) are not permitted; (4) Retail services;
(5) Theaters;
(6) Travel agencies;
(7) Commercial Recreation up to 5,000 square feet in gross floor area, except for parcels with frontage on University Avenue;
(78) All other uses permitted in the underlying district, provided such uses are not on the ground floor.
(b) Elimination or conversion of basement space currently in retail or retail-like use or related support purposes is prohibited.
(c) Entrance, lobby, or reception areas serving non-ground floor uses may be located on the ground floor to the extent reasonably necessary, provided they do not interfere with the gound ground floor use(s), and subject to the approval of the Director.

SECTION 10. Section 18.30(C).030 (Conditional Uses) of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows:
(a) The following uses may be conditionally allowed on the ground floor in the GF ground floor combining district, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals) and with the additional finding required by subsection (b), subject to restrictions in Section 18.40.160:
(1) Business or trade school;
(2) Commercial recreation over 5,000 square feet in gross floor area or with frontage on University Avenue;
(3) Day care;
(4) Financial services, except drive in services;
(5) General business service;
(6) Learning centers intended for individual or small group settings; 






 







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(7) All other uses conditionally permitted in the applicable underlying district, provided such uses are not on the ground floor.
(b) The director may grant a conditional use permit under this section only if he or she makes the following findings in addition to the findings required by Chapter 18.76 (Permits and Approvals):
(1) The location, access or design of the ground floor space of the existing building housing the proposed use, creates exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (2) The proposed use will not be determined to the retail environment or the pedestrian-oriented design objectives of the GF combining district. (c) Any use conditionally permitted pursuant to this section shall be effective only during the existence of the building that created the exceptional circumstance upon which the finding set forth in subsection (b) was made.

SECTION 11. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 12. If any section, subsection, sentence, cl ause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 13. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen.

//

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SECTION 14. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon the earlier of June 30, 2022 or adoption of replacement legislation by the City Council. Upon expiration of this ordinance, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate.

INTRODUCED: March 8, 2021
PASSED: April 12, 2021
AYES: BURT, DUBOIS, FILSETH, KOU, STONE
NOES: CORMACK, TANAKA
ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning & Development
Services







 







EXHIBIT A

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Certificate Of Completion
Envelope Id: 2FFD3DF938C64D8A8AAD4B626E119FA7 Status: Completed Subject: Please DocuSign: ORD 5517 Ordinance Amending PAMC Title 18 Ch 18.04 Definitions 18.16 Neighborh...

Source Envelope:

Document Pages: 17 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Danielle Kang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
4/16/2021 4:40:29 PM
Holder: Danielle Kang
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp
Albert Yang
[email protected]
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.113.131.147
Sent: 4/16/2021 4:45:43 PM
Viewed: 4/19/2021 10:27:07 AM
Signed: 4/19/2021 10:28:38 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jonathan Lait
[email protected]
Interim Director Planning and Community
Environment
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 99.88.42.180
Sent: 4/19/2021 10:28:40 AM
Viewed: 4/19/2021 4:12:00 PM
Signed: 4/19/2021 4:12:27 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ed Shikada
[email protected]
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/19/2021 4:12:30 PM
Viewed: 4/19/2021 5:07:55 PM
Signed: 4/19/2021 5:08:31 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tom DuBois
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.5.55.204
Sent: 4/19/2021 5:08:33 PM
Viewed: 4/26/2021 10:08:06 AM
Signed: 4/26/2021 10:08:30 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

EXHIBIT A

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Signer Events Signature Timestamp
Beth Minor
[email protected]
City Clerk
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/26/2021 10:08:32 AM
Viewed: 4/26/2021 10:09:22 AM
Signed: 4/26/2021 10:09:45 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/16/2021 4:45:43 PM
Certified Delivered Security Checked 4/26/2021 10:09:22 AM Signing Complete Security Checked 4/26/2021 10:09:45 AM Completed Security Checked 4/26/2021 10:09:45 AM
Payment Events Status Timestamps

EXHIBIT A

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City of Palo Alto (ID # 14381)
City Council Staff Report

Meeting Date: 5/16/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: SECOND READING: Parks and Recreation Commission Recommend Adopting an Ordinance to Amend the Foothills Nature Preserve Attendance Range to 400 -600 Guests (FIRST READING: May 2, 2022: PASSED 7 -0) From: City Manager
Lead Department: Community Services

This was heard by the City Council on May 2, 2022 for a first reading and was approved 7 - 0. No changes were made to the Ordinance; it is now before you for a second reading.

Attachments:
• Attachment12.a: Attachment A: Ordinance Amending Section 22.04.150(k) of PAMC to Amend Capacity Range for Foothills Nature Preserve • Attachment12.b: Attachment B: PRC Open Space Photography and Film Policy 12 Packet Pg. 145
*NOT YET APPROVED*
1 248_20220414_ts24
Ordinance No. ___

Ordinance of the Council of the City of Palo Alto Amending Section 22.04.150(k) of the Palo Alto Municipal Code to Amend the Capacity Range for Foothills Nature Preserve

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1
. Findings and declarations. The City Council finds and declares as follows:

A. The City’s Foothills Nature Preserve is reserved for park, playground, recreation, or conservation purposes by Palo Alto Municipal Code (PAMC) 22.08.090 et seq.; B. Based on recommendation from the Parks and Recreation Commission, the City Council desires to modify the capacity range of Foothills Nature Preserve and make amendments to some Preserve discounts.

SECTION 2. Subsection (k) of s ection 22.04.150 (Foothills Nature Preserve ) of Chapter

22.04 (Parks and Recreation Building Use and Regulations) of Title 22 (Parks) is hereby amended as follows (new text in
underline, deleted text in strikethrough):

(k) No more than 650 600 people shall be permitted in Foothills Nature Preserve at any one time.
(1) The city manager or designee may establish a capacity limit in the range of 300 to 650 400 to 600 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of preserve users; to protect the natural resources in the preserve; and/or due to limits in parking, facilities, or staff availability. The city shall not distinguish between residents and non -residents in setting any limits under this subsection.
(2) The following persons shall not count toward the limit in this subsection: visitors with reservations in the Towle Campground, Oak Grove Picnic Area, and Interpretive Center Meeting Room; city-sanctioned recreation and education groups (including city-run programs for summer camps, field trips, and community partner youth groups); group permit holders; city -sanctioned park volunteers; and visitors arriving in a vehicle with a valid disabled person parking placard or license plate.

SECTION 3
. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the O rdinance would be subsequently declared invalid or unconstitutional.

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*NOT YET APPROVED*
2 248_20220414_ts24
SECTION 4. The Council finds that this project is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) under sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings).

SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Community Services

____________________________
Director of Administrative Services

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Attachment A
The Parks and Recreation Commission recommends that City Council adopt the following Open Space and Parks Photography and Film policy (Attachment A):

Palo Alto Open Space and Parks Photography and Film Policy

Photography and Film Permit overview
• Photography and film is defined as the recording on any medium of still or motion images
• Permits are not required for personal photography and film • Permits are required for low-impact photography and film • High-impact photography and film are not permissible
• Please allow a minimum of two weeks (14 calendar days) for permit approval and processing
• Permit fees may apply
• Parking is limited, and vehicles generally are not permitted outside of designated parking lots and roadways
• The use of drones is not permitted
• To protect wildlife and habitat, access is limited to designated trails (see exclusions below) and established use areas such as turf and picnic areas Personal Photography and Film—No Permit Required
Permits are not required for photography and film that meets all the following requirements:
• Non-commercial (still, motion picture, video, digital, and other) • No impacts to vegetation, habitat, wildlife, or visitor use • 24 or fewer people
• Duration of one hour or less
• No exclusive use of parks and preserves (blocking trails, parking spaces, roads, pathways, or any public access)
• In compliance with all municipal codes and park regulations. Municipal Code and Park Regulations may be found here:
https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space- Parks/Open-Space-Preserves/Rules-Regulations

• Examples of personal photography and film include photography that does not require additional permits, small professional group shoots with limited subjects and crew (e.g., one photographer, 1-5 subjects) such as an engagement or immediate family photography session, and shoots with no impact to vegetation, habitat, wildlife, or visitor use.

Photography and Film--Permit Required
Low-impact photography and film may be permitted. This is generally associated with smaller shoots that do not significantly impact City-owned property, the public right-of-way, and other visitors use of the park or preserve. Permits cannot be issued for shoots that will have any significant impacts to vegetation, habitat, wildlife, or visitor use.

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Low-impact photography or film requires that a completed Photography and Film Permit application be submitted to the manager of the desired park or preserve. The application will be reviewed, and a permit may be granted once all fees and forms have been submitted. Wedding photography and film may, depending on the circumstances, require a permit and fees.

Permits are required for photography and film that includes:
• Commercial shoot (as defined in Palo Alto Open Space and Parks Regulations R1-21A) • Duration of up to two hours
• Multi-camera shoot
• Additional lighting, sound, and other equipment
Permits for photography and film will not allow the following:
• Commercial shoots that significantly impact City-owned property or the public right-of- way, either by utilizing a large area of City-property, negatively impacting the property, or requiring traffic control/street closures. Typically, these shoots include a crew with multiple photographers/cameras, and assistants and talent. • Shoots on weekends and City holidays
• Shoots during park closure hours
• Duration of shoot for more than two hours, including set up and tear down • Exclusive use of a significant area within a park or preserve Photography and Film Permit Application Conditions
All permit applicants shall accept and agree to comply with the following photography and film general conditions:

1. Utmost care will be exercised to ensure that wildlife, habitat, and natural/historic/cultural resources are not disturbed or impacted.

2. Photography and film of wildlife will be permitted only when such wildlife will not be approached within 100’, fed, harmed, or otherwise disturbed from their natural behavior.

3. Drones are not allowed.

4. No employee of the City of Palo Alto may work for the permittee in any capacity whatsoever while in uniform or if directly involved in supervision of the permittee.

5. Amplified sound such as gunfire, sirens, public address systems, and other similar noise - producing equipment are not permitted under any circumstances. Other amplified sound such as music requires an additional noise abatement permit for a level more than fifteen dB above the local ambient at a distance of twenty-five feet or more. PAMC 22.04.180/PAMC 9.10.050 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-83686#JD_22.04.180 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0 -0-0-66214#JD_9.10.050

6. Production vehicles shall park according to an approved parking p lan.

7. Areas of filming shall be cleared, and the site left as found at end of each day’s shooting.

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8. Smoking, vaping, or any open flame are not permitted.

9. Exclusive use of any significant areas is not permitted, including:
• Closing roads and trails
• Off-trail access
• Access to trails less than 48” (must allow at least 5’ of trail width for other park visitors to pass)
• Use of generators requires an additional permit and fees (see Special Event Permit Application)

11. Fees will be determined during th e permit review process and will be discussed with applicant prior to permit issuance. A refundable deposit of up to $1,000 may be required to ensure compliance with permit conditions. The amount, if any, to be refunded to the permittee is solely at the di scretion of the City of Palo Alto.

12. A permit is required for all groups of 25 people or more https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space- Parks/Open-Space-Preserves/Rules-Regulations

13. The Special Event Permit fee range (currently $324 - $2,163) applies to Parks and Open Space Photography and Film Permits

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City of Palo Alto (ID # 14271)
City Council Staff Report

Meeting Date: 5/16/2022 Report Type: Action Items

City of Palo Alto Page 1

Title: Approve a Fiscal Year 2023 Program for Domestic Recycling of Mixed Paper and Mixed Rigid Plastics; Approve a Budget Appropriation in the Refuse Fund Fiscal Year 2023 Operating Budget; Direct Staff to Negotiate a Corresponding Contract Amendment with GreenWaste of Palo Alto for Program Costs in an Amount Not to Exceed $1.2M
From: City Manager
Lead Department: Public Works

Recommendation
Staff recommends that Council:

1. Direct staff to continue pursuing a Fiscal Year 2023 program for domestic recycling of mixed paper and mixed rigid plastics;

2. Direct staff to negotiate a contract amendment with GreenWaste of Palo Alto to include this program and associated annual costs of up to $1.2 million to provide domestic processing of recyclables.

Executive Summary
Currently, approximately 60 percent of Palo Alto’s recyclables are sent to international markets where their fate and any negative impacts are not known. Last year, Council directed staff to work on finding alternative solutions to this situation. Since then, staff and the City’s contracted refuse hauler, GreenWaste of Palo Alto (GWPA) , found domestic markets for mixed paper (MP) and mixed rigid plastics ( MRP) and are conducting a three-month pilot program in Fiscal Year 2022 to utilize these U.S. markets. Such markets are extremely hard to find, and time is of the essence to secure them. Staff recommends that Council direct staff to work toward securing these markets for Fiscal Year 2023.

Background
GreenWaste of Palo Alto (GWPA) is the City’s refus e hauler for collecting recyclable, compostable, and landfill materials, and processing recyclable and compostable materials. On January 22, 2019, Council approved the Second Amended and Restated Agreement with GWPA (Staff Report #9752 ). This amendment facilitated the implementation of multiple initiatives identified in the 2018 Zero Waste Plan , replaced old waste collection vehicles, and extended the agreement five years to end in June 2026. The amendment also designated a ne w cost methodology for the processing of recyclable materials to be based on tonnage collected and 13 Packet Pg. 151

City of Palo Alto Page 2

processed and for a new profit -sharing procedure on the recyclable materials to begin in Fiscal Year 2022.

Palo Alto’s recyclable materials are processed at the GreenWaste Materials Recovery Facility in San Jose , where they are combined with recyclables from other communities, separated by type, baled, and marketed. The City requires GWPA to report on the disposition of recyclable materials as well as to ga ther information on the environmental and social implications associated with the further offsite processing of Palo Alto’s recyclable materials. For Fiscal Year 2021, GWPA reported (Staff Report #13535) that approximately 14,000 tons of recyclable materials were collected from Palo Alto, with about 40 percent staying in the United States and 60 percent being exported to India, Indonesia, Korea, Malaysia, Mexico , Taiwan, Thailand, Vietnam, and other countries. For the last three years, GWPA has provided the City with traceability reports; however, the report s do not explain exactly which shipments go to which cities or facilities within those countries. GWPA has tried to ascertain from its recyclable materials brokers which international facility is receiving and processing Palo Alto’s recyclables, but the market information is considered confidential. Therefore, it has not been possible to determine with certaint y how much of the materials are being recycled, if the materials are being managed in an environmentally sound way , or whether the conditions at the international locations are causing any human health or social problems.

On May 24, 2021 ( Staff Report #11632 ), during discussions on these concerns as part of the new solid waste processing contract, Council directed staff to:
1) Pursue, with other cities, to have GreenWaste provide greater accounting of secondary markets that they utilize;
2) Return to Council with an amendment to the GWPA Contract to authorize a quick response to opportunities to utilize domestic mixed paper recycling; 3) Provide GreenWaste reports to the public and City Council on a regular basis; 4) Work with other cities on legislation to spur domestic or in-state recycling; and 5) If GreenWaste is unable to provide additional secondary market accounting, retu rn to Council for consideration of further actions.

Staff provided an update to Council on each of these directives on January 24, 2022 (Staff Report #13535). On May 2, 2022, Staff Report #14169 outlined a Fiscal Year 2022 3-month pilot program being conducted where MP and MRP are to be processed in Northern Louisiana and Southern California respectively, instead of being sent to international markets . MP includes a mixture of paper collected curbside from residents and businesses such as magazines, colored paper, and cereal boxes. MRP are primarily plastics #3 through #7 including mi lk crates, buckets, and toys. Cardboard was not selected as a material to be kept domestically since i t is high quality , contains low contaminants, it is desired by processing facilities , and it has consistent market demand to be recycled . GWPA reports tha t this pilot is working smoothly, and the domestic processors are satisfied with the quality of the material and are interested in a longer 12-month commitment.

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As directed by Council in #1) above , staff has worked with other cities to obtain definitive information about the disposition and impacts of recyclables overseas. Few cities have spent the time and energy that Palo Alto and GWPA have on this issue, and it is now apparent that GWPA is unable to obtain this information due to recyclables brokers and processors considering it to be trade secrets and confidential. Therefore, staff is now returning to Council with proposed further action, as directed in #5) above.

Discussion
GWPA has identified domestic processing facilities to take Palo Alto’s rec yclable materials where they will become new products, rather than sending them to international markets where their disposition and impacts are uncertain. It has been very difficult for GWPA to find domestic markets for several recyclables, including card board, mixed paper, and plastic.

Capacity at U .S. processing facilities for these recyclables is very limited and competitive, and this opportunity will be short lived. In addition, as staff continues its engagement with other cities, jurisdictions, and le gislators to increase the awareness of the environmental and social concerns with shipping and processing of recyclable materials at international markets, domestic processing of recyclable materials will become progressively more competitive.

Staff and GWPA have developed a Fiscal Year 2023 program to take MP and MRP to processing facilities within the United States. MP would go to a pulp and paper mill in northern Louisiana where it would be combined with other wood products and made into paperboard, pri nting paper, and other paper products within the U.S . MRP would be cleaned, processed, and become part of a feedstock for making bits of plastic often called “nurdles” which are then made into various plastic products in southern California including paint buckets, vehicle parts, and woven plastic items such as upholstery, bags , and rope . These are the same domestic market and materials accepted in the Fiscal Year 2022 3-month pilot program, which excluded cardboard. Cardboard is also not being included for the Fiscal Year 2023 Program because it has a consistent high demand from both domestic and international markets, and it s recycling is cost effective. In Fiscal Year 2023, approximately 3,800 tons of MP and 230 tons of MRP would be sent to these domestic processors instead of international markets. The Fiscal Year 2023 Program for MP and MRP will lead to about 59 percent of the recyclable materials staying in the United States to be processed , reducing the amount being exported to 41 percent with only cardboard being processed internationally.

Under the GWPA contract provisions without consideration of the domestic processing pilot program, i t is estimated that in Fiscal Year 2022 approximately 16,630 tons of recyclable materials will be collected and pro cessed by GWPA at a cost of $27.26 per ton and $98.15 per ton for contaminated recyclables requiring extra processing, as well as a forecast of approximately $55,000 credit for the City’s portion of the profit -sharing methodology. This equates to an estimated Fiscal Year 2022 standard processing cost of approximately $555,000.

This cost will fluctuate annually based on the tonnage collected and the markets of recyclable materials that affect the profit sharing. In addition, as shown in Table 1, in Fiscal Ye ar 2022, the 3-month pilot for domestic processing cost for MP and MRP was an additional $280,000, which 13 Packet Pg. 153

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was an expenditure provided through the operating budget. For the Fiscal Year 2023 Program, GWPA’s processing costs for only MP and MRP would change and not follow the methodology in the current contract . The remaining processing costs for all other materials would continue to follow the methodology in the current contract with a cost per ton and a profit-sharing based on contract terms. In Fiscal Year 2023, the City would incur a new additional cost per ton for MP domestic processing and an additional set cost for the MRP processing. The cost per MP ton for processing would be based on both a fixed and variable rate that is based on the pulp and paper index which changes regularly; however, staff is capping the cost for the MP processing in order to better control costs. Table 1 summarizes the estimated annual costs for processing the City’s recyclable materials and the estimated annual cost differences.

Table 1: Estimated Annual Cost for Processing Recyclable Materials

Fiscal Year 2022
Estimated Cost
with Pilot
Program
Fiscal Year 2023
Estimated Cost
with Staff
Recommendation
All Recyclable Materials
Processing Cost
$555,000 $627,000
Mixed Rigid Pl astic
Domestic Processing
Added Cost
$2,400* $9,600
Mixed Paper Domestic
Processing Added Cost
$277,600* $1,190,400
Subtotal $280,000* $1,200,000
Total $835,000 $1,827,000
*Additional cost applied to three months (April-June of 2022) only, not 12 months.

Resource Impact
A budget proposal to appropriate $700,000 from the Refuse Fund balance to support potential domestic recyclables processing opportunities has been included in the Fiscal Year 2023 proposed budget for the Refuse Fund operating budget for Council review through the budget adoption process. The cost to the City for the domestic processing of mixed paper and mixed rigid plastics was set at $700,000 as a placeholder when staff prepared the proposed budget as GWPA searched for the availability of domestic processing sites. However, the updated cost estimate for domestic processing could total as much as $1,200,000. The final cost for the domestic processing is being negotiated at this time with GWPA and the domestic processing facilities. Table 1 includes the Fiscal Year 2023 estimated standard cost for processing recyclables ($627,000), which are already included in the operating budget, plus the new cost estimate for the domestic processing of MP and MRP ($1,200,000) for a total estimated cost of $1,827,000 to process all recyclable materials in FY2023 . Should Council approve staff’s recommendations, following the Fiscal Year 2023 budget adoption, staff will bring a proposed GWPA contract amendment and associated Budget Amendment in the Refuse Fund to Council to align the contract with this new program and address Council Directive #2 above, as well as 13 Packet Pg. 154

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update cost estimates for longer-term domestic processing for Palo Alto’s recyclable materials with the new program expense not to exceed $1,200 ,000. Table 2 indicates the approximate average cost per customer should this temporary program be negotiated into a permanent service. However, a rate adjustment to cover this cost is not recommended at this time.

Table 2: Estimated Average Additional Cost per Residential and Commercial Customer

Estimated Additional Cost Residential Commercial
Subtotal based on tonnage $600,000 $600,000
Average cost per customer per year $33.46 $323.10
Average cost per customer per month $2.79 $26.93

Table 3 below shows the projected Refuse Fund rate stabilization reserve (RSR) balance for Fiscal Years 2021 through 2025, which includes a preliminary projection of rate increases of 3 percent in Fiscal Years 2024 and 2025 to align with Consumer Price Index cost increases and future expenses for planned programs. While the RSR balance is decreasing, it is still projected to greater than the recommended 20 percent of sales metric through the FY 2025 horizon.

Table 3: Refuse Fund Summary and Forecast with Budget Amendment Recommended

Budget Category
in Millions
FY 2021
(Actuals)
FY 2022
(Estimate)
FY 2023
(Estimate)
FY 2024
(Estimate)
FY 2025
(Estimate)
Rate Stabilization Reserves
(beginning) $16.4 $20.0 $18.5 $15.0 $13.8
Revenues $30.6 $31.9 $32.0 $32.9 $33.9
Expenses $28.7 $33.4 $35.4 $34.2 $34.9
Operating Income $2.0 ($1.5) ($3.5) ($1.3) ($1.0)
Rate Stabilization Reserve
(ending) $20.0 $18.5 $15.0 $13.8 $12.8

Stakeholder Engagement
The current stakeholder engagement includes conducting severa l virtual forums with other cities and jurisdictions focusing on increasing the knowledge of the environmental and social issues that international shipping of recyclables may be causing, sharing information as well as exploring solutions. These forums wer e initiated by Palo Alto staff and are being co -sponsored by the City of San Jose. Future forums will include haulers and processors of recyclable materials, members of the public, and the business community.

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Environmental Review
Consistent with Section 15061(b)(3), Council action on this item is exempt from CEQA review because that redirecting recyclables from international to domestic facilities will not have a significant effect on the environment, i.e. a substantial or potentially substantial adverse impact on the environment.

The program is also consistent with the City’s Environmentally Preferred Purchasing Policy , which states that the City shall incorporate environmental, economic and social stewardship criteria into its purchases of products an d services, and more specifically minimizing the City’s contributions to global warming, solid waste, local and global pollution, and toxic chemical exposures to people and the environment. In addition, the program aligns with the Sustainability and Climate Action Plan (S/CAP) Update, which proposes a Zero Waste Key Action (ZW7) to prioritize domestic processing of recyclable materials. This Zero Waste Key Action, along with a complete set of S/CAP Sustainability Area Goals and Key Actions, will be reviewed by the S/CAP Ad Hoc Committee in May and brought forth to Council for approval in the Fall.

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City Council Staff Report

Meeting Date: 5/16/2022 Report Type: Action Items

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Title: Adopt Resolutions Authorizing the City Manager to Continue to Close California Avenue from El Camino Real to Park Boulevard, and Ramona Street between Hamilton Avenue and University Avenue Until December 31, 2023 and Direct Staff to Implement Specif ic Access Lanes and Perimeter Rules From: City Manager
Lead Department: Transportation Department

Recommendation
Staff recommends that the Palo Alto City Council (Council):
1) Adopt the attached resolutions (Attachments A and B) extending the City Manager’s authority to temporarily close portions of California Avenue and Ramona Street until December 31, 2023, and 2) Authorize Staff to implement the following specific access and perimeter rules:
a) Implement a dedicated emergency access lane.
b) Require the instal lation of edge treatments around dining spaces that are no shorter than 36 inches and no taller than 42 inches when measure from the ground. c) Allow large tents only during inclement weather months (November – March). d) Implement a dedicated two-way bicycle lane.
e) Within the California Avenue closure, City staff may install appropriate enhancements or aesthetic elements that will also provide a visible distinction from the emergency access lane and dining areas.
f) Within the California Avenue closure, a ll chan ges to the interim closed program shall be coordinated with the Urban Village Farmers’ Market to accommodate minimum market footprint requirements.

Executive Summary
This City Manager’s Report has been agendized as an action item for discussion to addr ess previous City Council direction to extend the street closure and ensure that the direction and work to do so complies with Brown Act noticing requirements.

While this report is being brought forward with the intention to appropriately address prior C ouncil direction, staff has taken this opportunity to update the City Council on staff work regarding the street closures and seek additional incremental direction on specific access and perimeter rules. The incremental direction sought focuses on safety and circulation.

Staff continues extensive stakeholder engagement regarding the closures of California Avenue and Ramona Street. Outreach efforts to date and plans for sustaining stakeholder engagement through this 14 Packet Pg. 157

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interim period, while an analysis of l onger-term alternative options is being conducted , is included later in this report. The timelines associated with the recommended potential actions, resource impacts of those actions, and next steps for each are also included in this report.

Background
On September 13, 2021, City Council authorized staff to extend the closure of portions of California Avenue and Ramona Street through June 2022 through discussion of City Manager’s Report ( CMR 13540). Additionally, on February 28, 2022, the City Council directed staff to return with an item agendized for action to extend the street closures through December 31, 2023 as discussed in CMR 14066. As approved by Council, the street closures are the portions of California Avenue from El Camino Real to Park Boulevard, and the section of Ramona Street between Hamilton Avenue and University Avenue. While the City Council directed staff to return with an item on the action agenda, Council also expressed a need to make modifications and install low -cost, short -term interventions that would improve the experience of California Avenue and Ramona Street during this interim per iod until a permanent program is approved.

The extension to the temporary street closures and evaluation of long -term alternative solutions is happening in parallel with the transition from the pilot parklet program to a permanent parklet program. The City Council is scheduled to provide feedback on proposed permanent parklet standards and program policies on Monday, May 9, 2022 through discussion of CMR 14311 . CMR 14311 recommends extending the pilot parklet program through December 31, 2022 while the permanent parklet program is developed. The pilot parklet program includes guidelin es for at -grade or on -street dining options. The initial guidelines were developed with a focus on reducing risk and maximizing safety. Due to the emergency nature of their development, approval, and implementation, ae sthetic considerations (aka urban des ign elements) were not included in the initial guidelines.

The City has engaged the services of a Bay Area consultant, Bruce Fukuji from Fukuji Architecture & Planning, to assist the City during this interim period. Mr. Fukuji is an architect and urban de signer with decades of experience working in Palo Alto, most notably 8 years on the Palo Alto urban design committee that prepared the Downtown Urban Design Plan, and representing the City in negotiations with Stanford University during their Health Center expansion. Mr. Fukuji met with City staff and reviewed the proposed recommended interim changes outlined in this report and provided input and suggestions on how to move forward. Overall, Mr. Fukuji supported the recommended changes and encourages the c ity to think holistically about the future of California Avenue as Palo Alto’s second downtown. He also suggested identifying potential pilot projects to explore opportunities to shape active public places along California Avenue.

In addition to supportin g the City with further shaping and implementing the recommended interim changes, Mr. Fukuji will also assist the City with engaging the broader community and businesses along California Avenue and Ramona Street on the future of the street closures. The ou treach will inform additional interim changes, if necessary or required, and inform the scope of services in the evaluation of alternatives consultant solicitation. This scope of work for the alternatives analysis consultant services will comprehensively c onsider and evaluate options, opportunities, and challenges of permanently closing portions of California Avenue and Ramona Street.

Discussion
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In alignment with the prior Council direction, the first recommended action in this report provides the City Manager with the authority to extend the street closures on California Avenue and Ramona Street through December 31, 2023. These resolutions would allow for the continued closure of these streets while an analysis of long-term alternatives options is conducted.

Secondly, during this extended period of closure, if approved, staff have brought forward incremental steps for Council consideration to continue to evolve from the existing regulations and transition to a steady state of “interim” regulations while l onger-term alternatives are evaluated. The recommended revisions to s pecific access and perimeter rules focus on encouraging active use of the streets while maintaining safety of the public and take into consideration recommended characteristics outlined in the proposed permanent parklet program that the Council is reviewing on May 9 th. Following the Discussion section of this report, significant updates regarding engagement and analysis of economic impacts of these actions are detailed in the Stakeholder Engagement and Resource Impact sections. This information is presented to both keep the Council informed of progress and activities and to assist in informing the Council as it considers its direction to staff.

In essence, the City has three options for how to proceed with the street closures for Ramona Street and California Avenue. The three options are outlined below and then discussed in greater detail.

A. Interim Changes: leave the streets closed to vehicular traffic and implement certain changes to the configuration,
B. Status Quo: leave the streets closed to vehicular traffic with the current configurations, or C. Reopen the streets to vehicular traffic (if Council desires to reopen the streets, it should not adopt the attached resolutions and instead direc t staff to reopen the streets on a given schedule).

Should the City Council wish to (1) approve the resolutions allowing closure of streets to vehicular traffic through December 31, 2023 AND (2) move forward with option B (Interim Changes to the configuration) staff has outlined recommended changes for Council consideration and direction to staff that would immediately improve the City’s ability to protect life and property in the case of emergency . These changes would also seek to ensure that bicyclists have a dedicated thoroughfare to mitigate interactions between cyclists, patrons enjoying outdoor dining, and pedestrians while working to address aesthetic elements (aka urban design elements) not included in the initial guidelines.

After this action a nd discussion tonight, staff anticipates continued work on the transition from temporary/pilot programs to permanent/long -term alternatives for both street closures and parklet programs. Staff expects to continue to work on three tracks of work in parallel:
1) Transition to a permanent Parklet Program (as agendized for May 9, 2022) 2) Evaluation of Long-Term Alternatives regarding potential permanent street closures 3) Iterative interim changes transitioning street closures from the initial emergency regulations to ones more thoughtful including safety, and placemaking

Evaluation of Long-Term Alternatives
Specific to the long -term alternatives regarding the evaluation of street closures, through issuance of a Request for Information (RFI) and/or a Request for Propos als (RFP), staff plans to onboard a consultant to help conduct an analysis of alternatives . Through this study, staff expect the identification of impacts that inform the future of the proposed permanent street closure(s). This work is expected to be completed during FY 2023 and staff will come back to the City Council as the work proceeds. 14 Packet Pg. 159

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Interim Changes for Council Consideration and Direction As the City proceeds from the initial temporary programs and works to transition to permanent or long term strategies for street closures, at the direction of the Council, staff continue to revisit and refine the regulations associated with the use of the public space . Recommendations and adjustments work to balance: encouraging activity while managing risks and safety, preserving flexibility for the long -term closure, and providing incremental and stable steps for businesses to plan for and invest in.

The interim changes recommended for consideration in this report are focused on safety and circulation. Over th e summer, staff anticipates continuing to explore changes to promote placemaking and a unified aesthetic . Staff also recommends that any interim changes in California Avenue acknowledge the need for coordination with the Farmers’ Market to ensure the space and configurations needed for the market. Below are interim changes for Council consideration and direction to staff for implementation, they are organized by Safety and Circulation.

Safety
• Implement a dedicated emergency access lane:

An emergency access lane will be marked with paint on the center portion of the roadway and maintained by City staff to ensure the lane remains visible and is kept free of obstructions. The purpose of the emergency access lane is to support the protection of life and pro perty. A dedicated emergency lane ensures around -the-clock access for fire apparatus and police emergency vehicles to safely travel within the road closure as needed for small or major emergencies.

CFC 503.2.1 require a fire access road to be 20 feet wide. Currently there is no pathway down California Avenue or Ramona Street for a fire engine. During the extended road closure, the Fire Department request 16-foot-wide emergency access lane, with some 20-foot-wide lengths, so Fire and Police vehicles can travel the length of the California Avenue and Ramona Avenue road closures in case of an emergency. there is a 40-foot section of Ramona Street that would require a minimum width of 20 feet of clearance for fire truck access. The Cardinal Hotel is a three-story historic building with no sprinklers. The Fire Department’s ladder truck has outriggers that measure 18 feet wide. A 20-foot clearance ensures that the truck can fit within the access lane and that the ladders, when extended, can reach the side of the Cardinal Hotel in the event of an emergency.

• Edge treatment around on -street dining space :

All restaurants with on -street dining shall be required to include a continuous barrier by preventing dining guests from entering the dedicated two -way bicycle l ane which will be discussed in the next section. This edge treatment not only bolsters parklet user safety but also supports pedestrian circulation on the sidewalks. Users o f the closed streets will need to reorient themselves to walking solely on the side walk, instead of walking on the roadway, to access dining spaces from the sidewalk. Limiting access to dining spaces to sidewalks only will also require businesses to address accessibility to their dining space and comply with Americans with Disabilities Act (ADA) regulations. Accessibility measures for on -street parklets were previously outlined in the adopted City of Palo Alto Parklet Encroachment Permit Parklet Standards & Requirements document.

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Edge treatments shall be a height no shorter than 36 i nches and no higher than 42 inches measured from the street level. The upper height limit is intended to maintain visual openness in the environment.

• Tents and umbrellas:

There are two California Fire Code (CFC) issues concerning large tents 1. CFC 3103.5 states that tents are permitted for 180 days total within a 12 -month period; otherwise, they are subject to the same requirements as permanent structures. Some tents have been set up on California Avenue since 2020. Ramona Street businesses have not inst alled tents and have instead used umbrellas. To remedy these issues, staff recommends restricting permitted installation of tents except during inclement weather months (November -March). CFC 3103.8.2 states that large tents cannot be installed within 20 feet of a building unless there is a fire access lane.

Umbrellas and smaller shade tents that do not require a tent inspection could be used by a business year-round. Umbrellas and all tents should be one solid color and not encroach in any portion of the emergency access lane.

Circulation
• Implement a dedicated two -way bike lane.

A bike lane will be marked with paint on the center portion of the roadway and maintained by City staff to ensure the lane remains visible and kept free of obstructions. The b ike lane will also function as the emergency access lane discussed above. Installing a dedicated bike lane is responsive to feedback staff received from Councilmembers, community members, and business operators about the need to dedicate space for cyclists to ride through while mitigating conflicts between cyclists and pedestrians within the closed street. A dedicated bike lane provides a safe solution for cyclists and pedestrians alike by separating the two types of traffic.

California Avenue and Ramona S treet are equipped with bicycle parking and are near mass transit connections. In the case of California Avenue, the tunnel at the east end of the street is one of the few rail corridor crossings for people on foot or bikes in town. Because of the uneven distribution of bicycle and pedestrian crossings along the rail corridor, particularly to the south (E. Meadow is 1.3 miles away, a long distance in pedestrian and bicycle terms), and because California Ave crosses El Camino Real and reaches Hanover, a gate way to employment sites at the Stanford Research Park, delineating bicycle access through the California Avenue street closure is important for local pedestrian and bicycle circulation, regional employment, and transit access. Moreover, the installation o f a dedicated bike lane encourages continued bicycling to the closed streets and cycling to adjacent business districts and also connects our residential community via interconnected bike routes while providing for cyclist and pedestrian safety.

Additionally, a dedicated bike lane will naturally increase sidewalk circulation. Retail operators and Councilmembers called for creative ways to drive foot traffic to the sidewalks. Signage urging pedestrians to utilize sidewalks and to window shop were largel y unsuccessful. Retailers reported dramatically reduced foot traffic in areas where roads were closed to vehicular traffic.

1 Tents that exceed 400 sf aggregate require a tent inspection. Shade t ents are tents that are a maximum of 400 sf or when placed adjacent to other tents, do not exceed 400 sf aggregate. Shade tents or pop -up style tents do not require a permit.
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In closed streets with larger areas of open spaces, pedestrians and cyclists spread out. Retailers not only rely on planned or int entional customer purchases, but also from unplanned purchases because an attractive storefront window display led to consumer purchase s. Anecdotally, downtown retailers reported that after University Avenue was reopened, sidewalk foot traffic dramatically increased, as did sales.

California Avenue Specific Recommendations

• Aesthetic Elements:

City staff may install appropriate enhancements or aesthetic elements that will also provide a visible distinction from the access lane and dining areas. Between t he outer edge of the emergency access lane and the installed edge treatment around a business’ dining area, there are segments of closure space that are wide and thus appropriate for aesthetic improvements.

City landscape architecture and public art staff are engaged to support options that improve aesthetics and, in some cases, provide an additional benefit of separation between the bicycle lane and dining spaces.

The roadway within the close d portion of Ramona Street is 35 feet wide. With the implementation of a dedicated bicycle lane and emergency access lane, there is only about nine and one half feet remaining for businesses to utilize street space. Installation of enhancements within the outer edge of the emergency access lane and a business’ edge t reatment around dining areas was not considered by staff due to the space limitations on Ramona Street.

• Urban Village Farmers’ Market:

One of the most significant issues to highlight when evaluating recommended changes to California Avenue is the footprin t needs to accommodate the Urban Village Farmers’ Market (Farmers’ Market) every Sunday. The Farmers’ Market holds a Conditional Use Permit (CUP) for California Avenue between El Camino Real and Birch Street. During the impact of changing health order re strictions, stall members from the Farmers’ Market were very flexible and accommodating of businesses operating outdoors. Farmers’ Market management and City staff developed an updated footprint that reflects the current shared spaces and tents. To that e nd, staff recommend that any adopted changes take into consideration and minimize impacts to spaces allocated for Farmers’ Market booths.

Alternative Option: Status Quo Configuration of Closed Streets Should the City Council choose to leave the street cl osures of Ramona Street and California Avenue in their current state, there would be limited ability to implement emergency access lane, no required edge treatment of street dining spaces to bolster safety of diners and bicyclists, no dedicated bicycle lane to mitigate interactions between cyclists and pedestrians, and nothing naturally promoting pedestrian use of the sidewalk. Given the opportunity to discuss the interim closure and pursue immediate changes that will promote safety and circulation, this alternative is not recommended.

Alternative Option: Reopen the Streets to Vehicular Traffic Should the City Council choose to reopen California Avenue and Ramona Street to vehicular traffic, on- street dining would discontinue and businesses would need to construct parklets in compliance with the pilot parklet program and then bring them into compliance with the permanent parklet program once the permanent program’s regulations and policies are adopted. Given previous City Council direction to 14 Packet Pg. 162

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keep Ramona S treet and California Avenue closed to vehicular traffic, this alternative is not recommended.

Stakeholder Engagement
In anticipation of the City Council discussion on the extension of the temporary street closure, staff engaged local businesses and residents through a variety of interactions.

Community and Business Surveys
Two surveys were published to capture community and business feedback on the extension of the closed streets and additional recommendations for the program. The community survey was forwarded to the Palo Alto Neighborhoods (PAN) representatives for broader distribution and included in a news story posted on the City’s website, in the City Manager’s Comments blog, in the Uplift Local newsletter, and posted on the City’s social media accounts.

Since February 28, 2022, the last Council discussion on this topic, the community has continued to write emails in support of the continued road closures to City Staff, the City Council, and the City Manager’s Office.

The business survey was p ublished via email directly to the California Avenue and Downtown business groups. The Palo Alto Chamber of Commerce has been included in all business communication and is encouraging its membership to participate in the survey as well as to engage with Council.

Universally, businesses and residents alike desire an elevated appearance within the closed streets.

Uniformity, openness, and improved aesthetics are frequently cited.

The closing date for both surveys is May 13, 2022, at noon. A poll of the b usinesses located within the closures will be conducted. The survey data and polling results will be provided to Council in a memo format to be delivered and made public before the May 16, 2022, Council meeting.

Business Meetings
Staff held one business meeting with the business community to introduce the recommendations contained within this report and receive feedback.

The opinions of some business stakeholders have changed over time. Where the opinions of Ramona Street businesses within the closure have remained constant, there has been a shift in some opinions of the California Avenue businesses within the closure. The general sentiment of retail businesses located outside of the closures remain s constant, preferring the streets open for vehicular and pedestrian flow through the entire district.

Staff heard from some restaurant owners that they would prefer California Avenue to reopen to vehicular traffic and others reported that while they do enjoy the closed streets, their business survival is no longer reliant on the closure. On Ramona Street there is some support from retailers within the closed street to extend the closure. Those retailers cite that on -street dining in front of their business has created new customer opportunities. Conversely, retail businesses outside and near the closed streets prefer the streets to reopen and cite that the closure causes poor vehicle and pedestrian circulation in front of their businesses.

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Ongoing Engagement
City staf f in collaboration with the Palo A lto Chamber of Commerce , have created an Economic Development Committee – Downtown (EDC Downtown). Outreach efforts to create a similar group, Economic Development Committee – California Avenue (EDC Cal Ave) are in process. The EDCs are the next iteration of the Uplift Local meetings. Committee members represent business, local community, staff, and the Palo Alto Chamber of Commerce. The EDC meets monthly to prioritize and discuss issues that affect the economic development of the business district and coll aborate with appropriate staff on viable solutions that will benefit the entire district. Quarterly meeting s will be held for a broader audience to report out and hear additional feedback. The EDC’s will also serve as a stakeholder forum to provide feedback on potential projects within their district.

Additional stakeholder outreach will be necessary and will take place during the permanent closure Alternative Analysis process.

Timeline and Next Steps
If Council approves of the extension of the street closure, portions of California Avenue and Ramona Street will remain closed to vehicles through December 31, 2023. Should Council approve some or all the additional recommendations, staff request that businesses are required to comply with the updated regulations 30 days after adoption. Alternatively, should Council approve the reopening of the temporary road closures, the streets could be open on any date Council determines appropriate. Should the City Council choose to reopen the streets, staff recommends ample time for impacted businesses to prepare and adjust to such an action.

For the analysis of longer -term alternative options for street closures, City staff is in the preliminary stages of initiating the Request for Information (RFI)/Request for Pro posal (RFP) process and will return to Council for review and approval of the contract for consultant services in the next fiscal year.

Table 1. Timeline: for Near and Long-Term Recommendations for Street Closure Improvements Timeline for Near and Long-Term Recommendations for Street Closure Improvement May 16, 2022

City Council:
• Discuss and determine reaffirmation of previous direction to staff through adoption of resolutions: Keep California Avenue and Ramona Street closed to vehicular traffic
• If so, provide direction to staff regarding imposition of interim changes focused on safety and circulation
Summer/Fall 2022 Permanent Parklet Program:
• Staff work: Incorporate City Council feedback from May 9, 2022 into a permanent parklet program
Interim Street Closure (through December 2023):
• Staff and consultant work:
▪ Continue refining approaches for unified place-making at California Avenue (focusing on elements such as aesthetics, engagement, and activation)
▪ Continue engagement with the community around these incremental changes
• City Council: Review and provide direction on additional changes as needed (no earlier than August 2022)
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Long-Term Alternatives Study regarding street closures:
• Staff and consultant work:
▪ Initiate RFI/RFP process for consultant support
▪ Onboard a consultant once City Council has approved the contract ▪ Continue engagement with the community around long-term alternative options for street closures
• City Council: Approval of a contract with a consultant to analyze long-term alternative options for street closures
Late 2022/Early
2023
Staff, Consultant, & City Council work:
• Provide updates to City Council as appropriate and solicit direction and feedback on long-term alternative options for street closures • Return with a report detailing analysis of long-term alternative options for street closures and recommendations

Resource Impact:

Planning Code Enforcement Officers, Fire Department Inspectors, Building Inspection staff, Public Works staff, and Office of Transportation staff all have both ongoing and additional work related to the interim period as the organization works to transition from temporary to long-term/permanent programs. With the implementation of an emergency access lane, street sweeping activities would resume. Business operators would continue to be responsible for maintaining the cleanliness of their dining spaces. Going forward, performance on the part of businesses and enforcement on the part of the City will remain key expectations of any plans for each street. City enforcement resources are very limited, and resource requirements will be evaluated and options brought back for Council consideration.

To date, the City has waived all parklet, street and sidewalk encroachment fees under the Uplift Loc al Program. Testimony suggests that those waivers supported businesses using outdoor areas to say afloat. In that regard, the waiving of fees may have supported the generation of tax revenues – a portion of which come to the City.

Sales Tax as proximate indicator of Economic Impacts
Through work with the City’s sales tax consultant, AvenuInsights, the City has used sales tax as a proximate indicator for how certain businesses have fared throughout the COVID-19 pandemic. It should be noted that not all b usinesses are subject to sales tax; therefore, an analysis of sales tax performance does not reflect the entirety of the business ecosystem. Most notable is the omission of certain types of service businesses from such an analysis.

As part of both the Ju ne 22, 2021 conversation with the City Council regarding the City’s state of emergency and the discussion of continued street closures, staff presented information that benchmarked the second half of calendar year 2020 (July-December) against the same time period for 2019, and also compared the second half of 2019 (July-December) to the same time period for 2018. In that analysis, California Avenue districts and University Avenue districts were separate from the rest of the City to evaluate impacts on food services and retail categories.

Staff has updated the analysis presented in June 2021, showing the year -over-year percentage change for the second half of the calendar year, beginning in 2018, comparing to the second half of 2019, then comparing to the second half of 2020, and now including a comparison to the second half of Calendar Year 2021. The fourth column shows a direct comparison of the second half of 2019 to the second half of 2021.
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Table 2. Food Services Category by Geographic Area:

July – December (2018 to 2019, 2019 to 2020)
Food Services*
Geographic Area* % 2018 to 2019 % 2019 to 2020 % 2020 to 2021 % 2019 to 2021 California Ave District 6.95% (46.75%) 67.8% (10.67%)
University Ave District (2.35%) (52.03%) 69.0% (18.90%) Remainder of City (excludes Cal & University) 2.71% (42.06%) 45.3% (15.79%) * The Geographic areas for California Avenue and University Avenue extend beyond the named streets.

Table 2, above, shows that performance in the Food Services category was generally consist ent throughout the City. University Avenue saw a slight decline from the second half of 2018 to the second half of 2019, then the steepest decline from the second half of 2019 to the second half of 2020, and the greatest recovery from the second half of 20 20 to the second half of 2021. Although the magnitudes varied, this trend was roughly consistent with California Avenue and the remainder of the city, which each saw slight growth from 2018 to 2019, steep declines from 2019 to 2020, and then recovered from 2020 to 2021.

Table 3. Retail Category by Geographic Area:

July – December (2018 to 2019, 2019 to 2020)
Retail
Geographic Area* % 2018 to
2019
% 2019 to
2020
% 2020 to
2021
% 2019 to
2021
California Ave District (21.51%) 9.59% 13.01% 23.84% University Ave District (0.31%) (54.36%) 44.86% (33.88%) Remainder of City (excludes Cal &
University)

11.00% (33.45%) 30.78% (12.97%)
* The Geographic areas for California Avenue and University Avenue extend beyond the named streets.

Table 3 shows performance in the retail category, which was somewhat different than the food services category. Although both California Ave and University Ave districts saw declines in retail from the second half of 2018 to the second half of 2019, California Av e was the only one that recovered somewhat from 2019 to 2020, and its recovery continued somewhat from the second half of 2020 to the second half of 2021. University Avenue’s retail sales tax growth was essentially flat between the second half of 2018 and 2019, before decreasing between the second half of 2019 and the second half of 2020, and then rebounding the most robustly between the second half of 2020 and the second half of 2021.

This was generally consistent with the rest of the City, with the except ion that retail elsewhere grew somewhat between the second half of 2018 and the second half of 2019 before its decline from the second half of 2019 to the second half of 2020.

As previously discussed with the City Council, beyond the street closures the re have been other general factors likely influencing sales tax of various businesses throughout the pandemic and persisting through this recovery. Some of those general factors are reiterated below:

• A significant decrease in the daytime population persists. Even as companies begin to return to office, some companies are now offering flexible and hybrid schedules in -lieu of requiring employees to be on-site every day.
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• A shift from in-person retail to more online shopping for certain goods. • Increased spe nding on recreational equipment, home -related products, and general building materials.
• A shift in spending on apparel.

Policy Implications
Overall, the street closure topic reflects a decision about how best to use public space, in this case, the public roadways and sidewalks. The interim extension of the street closure allows for the City to conduct an analysis of long -term alternative options that includes engaging the residents, the business community, stakeholders, and other members of the public on how to best use that public space. That engagement includes determining if the space will include permanent separated facilities for pedestrians and bicycles, and if private businesses will be charged to use the public space.

The decision about waiving fees is ultimately a policy decision for the City Council to decide as part of its consideration both of ongoing street closures and the permanent parklet program.

Environmental Review
This resolution is categorically exempt from CEQA under CEQA Guide lines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

Attachments:
• Attachment14.a: Attachment A – Resolution Extending City Manager Authority to Temporarily Close a Portion of Ramona St. to December 2023 • Attachment14.b: Attachment B – Resolution Extending City Manager Authority to Temporarily Close a Portion of California Ave. to December 2023 14 Packet Pg. 167
*NOT YET ADOPTED*

252_20220505_ts24 1
Resolution No. ___

Resolution of the Council of the City of Palo Alto Extending the Temporary Closure of a Portion of Ramona Street Pursuant to California Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses

R E C I T A L S

A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue , University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City a nticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue.

B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on -street parking spaces on an expedited and temporary basis to provide more space for outdoor dining.

C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed.

D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020.

E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed . The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls.

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F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter -in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty -seven counties representing 93% of the State’s population were on the State’s watchlist , and California had 460,550 conf irmed cases of COVID-19, resulting in 8,445 deaths.

G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenu e and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

Resolution No. 9911 also extended the temporary parklet program to September 7, 2021.

H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system.

I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID -19, resulting in 18,263 deaths , and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors.

J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths.

L. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

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M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non - emergency basis.

N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID -related rules and restrictions ( also known as the color -tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021.

O. However, since the rollback of restrictions and initial decrease of COVID cases, the number of COVID cases has increased. Since July 2021, the number of COVID Cases in the County of Santa Clara has moved upward, from fewer than 30 cases per day to more than 300 cases per day on many days in August 2021. As of September 1, 2021, the 7-day rolling average new cases is 361 in the County. On August 2, 2021, the County issued a requirement to wear face coverings indoors, regardless of vaccination status.

P. According to the federal Centers for Dis ease Control (CDC), the Delta variant of COVID-19 is currently the dominant strain of virus in the United States as of August 2021. The CDC finds that the Delta variant is more than 2x more contagious compared to previous variants, and fully vaccinated people with the Delta variant breakthrough infections can spread the virus to others.

Q. In the midst of this continued COVID-19 pandemic, the City of Palo Alto has continued to take measured steps to allow businesses to resume activities in outdoor settings.

As a key part of those efforts, the Uplift Local Program (formerly known as the Summer Streets Program) has created an attractive pedestrian environment on the closed streets resulting in increased foot traffic. A number of restaurants have taken advantage of the program and created outdoor seating in the streets, on sidewalks, and on parklets. Residents and visitors who have come to University Avenue and California Avenue have expressed delight and reported having a highly enjoyable experience.

R. The recent increase of COVID cases across the State and the high likelihood that the pandemic will continue through the end of 2021 increases the chances that outdoor dining remains a key tool to reduce the risk from the spread of COVID-19 while allowing restaurants to continue some operations . Even if indoor dining is allowed, patrons may be unwilling to participate, or the opportunity may be rescinded if indoor restrictions return.

S. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining a nd other activities as may be allowed . The Council voted on each street separately and Resolution 9988 extended the closure of Ramona Street only; a separate resolution (no. 9987) extended the closure of California Avenue. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021.

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T. The Council now desires to amend and restate Resolution 9988 to continue its provisions until December 31, 2023.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:

SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council.

SECTION 2. Supersedes Resolution 9988. This Resolution shall supersede Resolution 9988, which is rescinded as of the effective date of this Resolution.

SECTION 3.

Extension of Temporary Street Closure

A. The following street is hereby closed to any and all vehicular traffic through December 31, 2023 , in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining , retail, and other permitted uses:

1. Ramona Street from University Avenue to Hamilton Avenue.

B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether ex ceptions to the closure shall be made for municipal purposes. The City Manager is also authorized to close only part of the street authorized for closure in Section A.

SECTION 4
. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

//

//

//

//

//

//

//

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SECTION 5. This Resolution shall become effective immediately upon adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

_____________________________
Director of Public Works

_____________________________
Chief Transportation Official

_____________________________
Director of Planning and Development
Services

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253_20220505_ts24 1
Resolution No. _____

Resolution of the Council of the City of Palo Alto Extending the Temporary Closure of a Portion of California Avenue Pursuant to California Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses

R E C I T A L S

A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue , University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City a nticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue.

B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on -street parking spaces on an expedited and temporary basis to provide more space for outdoor dining.

C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed.

D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020.

E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed . The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls.

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253_20220505_ts24 2
F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter -in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty -seven counties representing 93% of the State’s population were on the State’s watchlist , and California had 460,550 confirmed cases of COVID-19, resulting in 8,445 deaths.

G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to e xtend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

Resolution No. 9911 also extended the temporary parklet program to September 7, 2021.

H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system.

I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID -19, resulting in 18,263 deaths , and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors.

J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths.

L. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.

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M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non - emergency basis.

N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID -related rules and restrictions ( also known as the color -tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021.

O. However, since the rollback of restrictions and initial decrease of COVID cases, the number of COVID cases has increased. Since July 2021, the number of COVID Cases in the County of Santa Clara has moved upward, from fewer than 30 cases per day to more than 300 cases per day on many days in August 2021. As of September 1, 2021, the 7-day rolling average new cases is 361 in the County. On August 2, 2021, the County issued a requirement to wear face coverings indoors, regardless of vaccination status.

P. According to the federal Centers for Dis ease Control (CDC), the Delta variant of COVID-19 is currently the dominant strain of virus in the United States as of August 2021. The CDC finds that the Delta variant is more than 2x more contagious compared to previous variants, and fully vaccinated people with the Delta variant breakthrough infections can spread the virus to others.

Q. In the midst of this continued COVID-19 pandemic, the City of Palo Alto has continued to take measured steps to allow businesses to resume activities in outdoor settings.

As a key part of those efforts, the Uplift Local Program (formerly known as the Summer Streets Program) has created an attractive pedestrian environment on the closed streets resulting in increased foot traffic. A number of restaurants have taken advantage of the program and created outdoor seating in the streets, on sidewalks, and on parklets. Residents and visitors who have come to University Avenue and California Avenue have expressed delight and reported having a highly enjoyable experience.

R. The recent increase of COVID cases across the State and the high likelihood that the pandemic will continue through the end of 2021 increases the chances that outdoor dining remains a key tool to reduce the risk from the spread of COVID-19 while allowing restaurants to continue some operations . Even if indoor dining is allowed, patrons may be unwilling to participate, or the opportunity may be rescinded if indoor restrictions return.

S. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining a nd other activities as may be allowed . The Council voted on each street separately and Resolution 9987 extended the closure of California Avenue only; a separate resolution (no. 9988) extended the closure of Ramona Street. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021.

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T. The Council now desires to amend and restate Resolution 9987 to continue its provisions until December 31, 2023.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:

SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council.

SECTION 2. Supersedes Resolution 9987
. This Resolution shall supersede Resolution
9987, which is rescinded as of the effective date of this Resolution.

SECTION 3. Extension of Temporary Street Closure

A. The following street is hereby closed to any and all vehicular traffic through December 31, 2023 , in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining , retail, and other permitted uses:

1. California Avenue from Birch Street to El Camino Real.

B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether exceptions to the closure shall be made for municipal purposes. The City Manager is also authorized to close only part of the street authorized for closure in Section A.

SECTION 4
. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

//

//

//

//

//

//

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SECTION 5. This Resolution shall become effective immediately upon adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

_____________________________
Director of Public Works

_____________________________
Chief Transportation Official

_____________________________
Director of Planning and Development
Services

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City of Palo Alto (ID # 14158)
City Council Staff Report

Report Type: Action Items Meeting Date: 5/16/2022

City of Palo Alto Page 1
Summary Title: Council Review of Objective Standards
Title: PUBLIC HEARING: Adoption of Two Ordinances Implementing the Objective Standards Project, Including: 1) New Chapter 18.24, Contextual Design Criteria and Objective Design Standards; 2) Modification s to Affordable Housing (AH) Overlay District to Eliminate the Legislative Process; 3) Changes to Remove Inconsistencies and Redundancies, and Streamline Project Review Throughout Title 18.

From: City Manager
Lead Department: Planning and Development Serv ices

Recommendation:

Staff recommends that Council adopt two ordinances implementing the objective standards project, including: an ordinance creating Palo Alto Municipal Code Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) (At tachment A); and an ordinance adopting related changes throughout Title 18 (Zoning) to implement the new standards (Attachment B).

Executive Summary:

Since the 2018 Housing Work Plan, Palo Alto has explored converting subjective housing design criteria into objective standards . While subjective criteria provide more design flexibility and give local jurisdictions more design control, this approach can add to the cost of a development, increase application processing time and risk to the developer because the process can be a less predictable. Moreover, the State legislature has declared housing as a Statewide interest and has made several significant changes to State housing laws in recent years to streamline housing approvals by eliminating the use of su bjective criteria. Therefore, adoption of objective standards has become a means of retaining a measure of local control.

These ordinances translate many of the City’s subjective criteria found throughout the code in the form of performance standards, con text-based design criteria and required findings into objective standards. This effort, guided by the Architectural Review Board and Planning and 15 Packet Pg. 178

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Transportation Commission, preserves the City’s interests to advance good building design in a way that is con textually appropriate, allows for a streamlined application process , and is consistent with State law.

The ordinances amend many different code sections of Title 18 and represent notable change in the City’s approach toward land use regulation for housin g and residential mixed-use developments.

This report contains two main discussion topics related to objective standards , as summarized below:

1. Objective Design Standards : Objective design standards in Attachment A represent the transformation of existi ng subjective, context -based design criteria into a new Chapter

18.24 in Title 18. The standards encompass site design and building design topics and include graphics to illustrate key standards. Each topical section is divided into objective design standa rds and contextual design criteria (formerly called “intent statements”) that establish the purpose or intent for the standards.

The standards were reviewed and refined over a series of 16 meetings with the Architectural Review Board (ARB) (11 meetings) and an ARB Ad Hoc Committee (5 meetings) and reviewed over three (3) hearings with the Planning & Transportation Commission (PTC). The process culminated in a recommendation for adoption at the ARB’s April 1, 2021 meeting and by the PTC at their June 9, 202 1 meeting. The ARB continued to work on refinements to the ordinances over the past several months in response to the Council’s November 8, 2021 motion on the draft ordinance.

2. Other Code Updates to Support Objective Standards : Additionally, City staff recommend changes to other sections of Title 18. These changes would reference the new objective standards, remove inconsistencies and redundancies, eliminate sections replaced by the new Chapter 18.24, and streamline project review. Changes include both minor and substantive edits to the following code sections:
• 18.04: Definitions
• 18.08: Designation and Establishment of Districts
• 18.13: Multiple Family Residential (RM-20, RM-30 and RM-40) Districts • 18.16: Neighborhood, Community, and Service Commercial (CN, C C, and CS) Districts
• 18.18: Downtown Commercial (CD) District
• 18.20: Office, Research, and Manufacturing (MOR, ROLM, RP and GM) Districts • 18.23: Performance Criteria for Multiple Family Commercial, Manufacturing and Planned Community Districts
• 18.30(J): Affordable Housing (AH) Overlay District
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• 18.30(K): Workforce Housing (WH) Overlay District
• 18.34: Pedestrian and Transit Oriented Development (PTOD) Combining District • 18.40: General Standards and Exceptions
• 18.42: Standards for Special Uses
• 18.52: Parking and Loading Requirements
• 18.54: Parking Facility Design Standards
• 18.76: Permits and Approvals
• 18.77: Processing of Permits and Approvals

Of particular note are changes to the ordinance that establish a new streamlined review process for Housing Development Projects that requires only one study session with the ARB as opposed to the current Architectural Review process that allows for up to three hearings. Additionally, the ordinance proposes to remove the requirement for a zoning map amendment to access r elaxed development standards for affordable housing projects. Specifically, proposed changes to the AH Overlay District would reduce PTC and City Council’s involvement in these 100% affordable housing projects.

Background:

Relationship to State Housing Laws
The California State legislature has made several changes to State housing laws in recent years to streamline housing approvals. These steps include reducing the amount of subjective discretion jurisdictions have to deny or reduce the density of res idential and residential mixed - use projects. Instead, in many contexts, jurisdictions must rely solely on objective design and development standards. The objective standards project aims to respond to State law by making changes to the Zoning Ordinance (Title 18).

Effective January 1, 2020, S enate Bill (SB) 330 made several changes to existing State housing law, including the Housing Accountability Act and Permit Streamlining Act . The two most notable aspects of the bill for this report’s purposes are as follows:

1. No Loss in Intensity of Housing: SB330 prohibits jurisdictions from enacting development policies, standards or conditions that would change current zoning and land use designations where housing is an allowable use. In such cases, jurisdiction s cannot lessen the intensity of housing in effect as of January 1, 2018—such as reducing height, density, or floor area ratio, requiring new or increased open space, lot size, setbacks, or frontage, o r limiting maximum lot coverage. E ffectively, this clau se prohibits downzoning, though the City may rebalance density between districts (Gov. Code 66300(b)(1)(A)); and

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2. Uniformly Verifiable Standards: SB330 defines the meaning of “objective” as “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or pr oponent and the public official” (Gov. Code 65589.5 (h)(8). “Housing development projects” undergoing streamlined review are only required to meet objective standards. Therefore, standards that are ambiguous may not be considered objective standards that require compliance.

Summary of Recent Public Meetings

City Council
The City Council initially reviewed the objective standards project over the course of two meetings: October 4 and November 8, 2021 (continued without discussion from September 27 and October 25, respectively). These meetings culminated in a multi -part motion summarized in Table 1. The table identifies how each motion is being addressed. • The first column restates the motion verbatim.
• The second column identifies motion items addressed by the Council on January 24 and April 11, 2022, namely the issues of height transitions and RM -40 se tbacks (parts of Motion cii and G, respectively).
• The third column identifies the motion items addressed in this report and attachments. • Finally, motion items listed in the fourth “other” column are being addressed through other means and are not discussed further in this report.

Table 1: November 8, 2021 Council Motion and Status of Implementation Motion #/Topic
Addressed in
4/11/22
Ordinance
Addressed in
Tonight’s
Ordinance Other

A. Take Council feedback on overlays and then take to
housing element working group and return to Council for further discussion; ✓
AH Overlay
PF and PTOD
changes
referred to
Housing
Element
B. Direct Staff to retain current Context -Based Design Criteria and Chapter 18 laws for development applications that do not fall u nder the State housing laws requiring objective standards;
✓
C. Direct Staff to return with proposed objective standards and intent statements and to provide: ✓
i. A detailed side -by-side comparison of the existing
Context-Based Design Criteria and t he proposed new
laws;

✓
(Attachment
C)

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Motion #/Topic
Addressed in
4/11/22
Ordinance
Addressed in
Tonight’s
Ordinance Other
ii. Adoptable changes to existing and proposed laws
that would provide standards for privacy and other
protections for all residents, regardless of their zones.

Regarding privacy, to come back with stronger
protections for elevated floors looking into neighboring lots. Stronger definitions of sight lines and how this
applies. Address concerns about allowing 15%
windows. In RM-40, retain 25’ front set back;
✓
(RM-40
setback)
✓
(window and
privacy
standards)

iii. R efer to the S/CAP Ad Hoc Committee on the
evaluation of approximate GHG impacts in
construction;

Referred to
S/CAP Ad
Hoc
D. Prior to any rezoning of PF to workforce housing, the City Council would re -examine the affordability threshold of workforce housing;

Deferred to
Housing
Element
E. Hold at least two meetings on the proposed changes
before the next Council session for free -form discussion by the general public;
Completed
February 1
and March
22, 2022
F. In Building Massing / Facades sections where there is a menu of choices, increase the number of required choices per category;
✓
G. Put in place a temporary height transition backstop.

Initial ordinance should include objective height transition language, for example “No part of the buildin g can be
more than X' higher than the lowest adjacent building, up to the applicable height limit”. Come back with a specific proposal along these lines for adoption this year and Staff can then propose additional amendments in the future;
✓
(height
transition
development
standards)
✓
(contextual
height
transitions
standards)

H. Evaluate and return with strengthened language to use “design standards” instead of “design intents”; ✓
I. Evaluate whether "decision by director" option
throughout objective standards puts those at risk and
should be changed /remove; and
✓
J. On appeal, consider sending directly to Council if
required to meet streamlining requirements. ✓

Below is a summary of public meetings since the Council’s November 8, 2021 motion on objective standards. Records from pr evious meetings described above, including ARB meetings 15 Packet Pg. 182

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and PTC meetings focused on objective standards , can be found on the project webpage:
bit.ly/ObjectiveStandards

ARB Review in 2022
Since the Council’s November 8 th review, the ARB met three times (January 20, March 10, and April 7) to recommend additional draft standards in response to the Council’s motion on design-related topics. Specifically, the ARB contribut ed changes proposed to Attachment A:
additional standards for privacy and sight lines between residential properties; expand ed menu of options for building massing and facades; and new contextual height standards. The ARB’s recommended modifications to the ordinance are proposed in Attachment A and discussed in detail below.

Community Webinars
As directed by Council, staff held two additional community meetings to accommodate a free- form discussion by the general public.

On February 1, 2022, approximate ly 16 individuals participated in a webinar via Zoom. The purpose of this meeting was to provide an overview of the objective standards project and listen to community member’s concerns and ideas. Community members expressed support for privacy, sunlight, and air for existing residential uses regardless of density, zoning district and location.

On March 22, 2022 , approximately 15 individuals participated in a webinar via Zoom. The purpose of this meeting was to provide an update on the ARB’s feedback on t he Council’s motion and to present revisions to draft standards in response to the Council motion. This included privacy and sight line standards, and contextual height standards. Community members continued to express support for privacy, sunlight, and re duced massing for existing residential uses regardless of density, zoning district and location.

Discussion & Analysis

This section presents and analyzes changes to the draft ordinances since the Council’s November 8th review. Motion items addressed in this report are listed one by one below. They are in alphabetical order with the exception of Motion Items A and B, which appear last.

Motion Item C. Direct Staff to return with proposed objective standards and intent statements and to provide:
i. A detai led side-by-side comparison of the existing Context -Based Design Criteria and the proposed new laws;

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Staff has prepared an enhanced “crosswalk” document ( Attachment C) which compares the existing context-based criteria with draft contextual design criteri a and standards. Revisions to the draft ordinance based on the November 8th Council motion and ARB feedback are shown in underline stri keout format. This document helped to reveal existing criteria that had not yet been captured thoroughly in the Draft Obj ective Standards Ordinance. In addition to privacy criteria identified by the Council (see Section Cii below), staff have made minor modifications to standards related to requiring a diversity of housing types on large lots (>1 acre) and requiring usable side yards. The ARB’s April 7 th motion suggested these minor edits , which are shown in underline/strikeout in Attachment C.

ii. Adoptable changes to existing and proposed laws that would provide standards for privacy and other protections for all residents , regardless of their zones. Regarding privacy, to come back with stronger protections for elevated floors looking into neighboring lots. Stronger definitions of sight lines and how this applies. Address concerns about allowing 15% windows…

The topic of privacy and sight lines were not thoroughly addressed in the previous version of the ordinance reviewed by the Council, but have been added to the current version in Attachment A. At its April 7, 2022 meeting, the Board recommended expanding contextual design criteria and objective design standards to protect privacy and limit views into neighboring properties (both existing and proposed) . Staff believe that these standards address the Council’s concerns about privacy, while still ensuring that new developm ent can proceed at the densities allowed, as prescribed by State law.

Based on the ARB recommendation, staff revised Attachment A. P roposed changes define the sight lines as views into residential windows (other than garages or common spaces such as corridors or stairwells) and private open spaces (e.g., backyards, patios, decks) . The standards are similar to existing Individual Review (IR) Guidelines and new Senate Bill (SB) 9 standards.

These new contextual design criteria and standards can be found in Chapter 18.24.050 and are summarized as follows:

1. Additional Building Massing Contextual Design Criteria based on context -based design criteria: 18.24.050(a)(6): Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks adjacent to residential uses.

2. Additional Window Standards : As paraphrased from Section 18.24.050(b)(2)(D), w ithin 30 feet of facing residential windows or private open space on an abutt ing residential building, facing windows on the subject site must either start window sills at least 5 feet above finished floor (i.e., above eye level); or have opaque glazing below 5 feet; or 15 Packet Pg. 184

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angled windows that face away from abutting privac y impacts. S ee example images below.

Examples of windows above 5 -foot eye level (left), obscured glass below 5 feet (middle), and angled windows (right).

3. Additional L andscape Standards: As paraphrased from Section 18.24.050(b)(2)(D)(iv), within 30 feet of facing residential windows or private open space on an abutting residential building , additional landscape screening is required, with at least 8 -foot height at time of planting and 50% evergreens that maintain a canopy year-round.

4. Additional Balc ony Standards: As paraphrased from Section 18.24.050(b)(2)(E), w ithin 30 feet of residential windows or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent sight lines to the neighbor. The standards require an applicant to prepare a section view of proposed balcony/deck and abutting residential windows and/or private open space to demonstrate how the standard is met and how the sight line it prevented. This may be achieved through a va riety of means such as opaque railings or a barrier along the railing (e.g., landscape planter) that prevents view. See example images below.

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Example balconies with barriers and opaque railings.

The standards aim to discourage new buildings from locating close to property lines by layering requirements for window glazing and screening, and limiting window locations. Projects that provide larger separation between buildings (i.e., beyond 30 feet) would not be subject to such restrictions.

The revisions to Attachment A also extend privacy stan dards previously proposed only to apply to projects abutting single -family zones or uses in Section 18.24.050(b)(2). These include landscape requirements and maximum glazing areas, regardless of the distance between existing and proposed buildings:

• A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

• Within 40 feet of an abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

Staff do not recommend further reducin g th e 15% maximum glazing area. The Building Code dictates minimum window openings for fire/life safety requirements ; going below 15% may inhibit meeting these code requirements. Staff believes that the new standards outlined above address potential privac y impacts to existing residential units abutting new residential development.

Finally, if the ordinance is adopted as proposed these privacy standards will only apply to new Housing Development Projects. They will not apply to other housing projects or n on-residential projects. Those projects would continue to be subject to the subjective privacy guidelines in the Context-Based Design Criteria, if applicable to those zoning districts.

Motion Item F. In Building Massing / Facades sections where there is a menu of choices, increase the number of required choices per category;

The proposed objective design standards generally use a “menu of options” approach . This is intended to allow architects to express creativity and prevent cookie cutter development t hat could ensue from prescriptive standards. In its review of this Council motion item, the ARB debated at length what the outcome of expanding the menu of options could be. Would it be harder to design a quality building? Would layering additional criteria add too much adornment and busyness to a façade ? The ARB looked at recent projects in Palo Alto, in their own 15 Packet Pg. 186

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professional portfolios, and in surrounding communities to test the menu of options.

Ultimately, at its April 7, 2022 meeting, the Board voted t o recommend expanding the menu of options both in terms of the required options and the number of selected options that are required. Based on this recommendation, staff revised Attachment A as follows:

• 18.24.060(c)(1) I ncrease building massing base/midd le/top design options from a minimum of two to three options required;
• 18.24.060(c)(2) Increase façade composition design options from a minimum of two to three options required; and
• 18.24.060(c)(2) Add a façade composition design option for variation in building colors, materials, and patterns, increasing the number of possible design options from six to seven.

In this way, staff believes that the options require more design consideration by the architect, will help to further break down massing, and encourage façade articulation and visual interest.

Motion Item G. Put in place a temporary height transition backstop. Initial ordinance should include objective height transition language, for example “No part of the building can be more than X’ higher tha n the lowest adjacent building, up to the applicable height limit”. Come back with a specific proposal along these lines for adoption this year and Staff can then propose additional amendments in the future; and

The issues of height transitions within de velopment standards tables (i.e., when a new building is proposed adjacent to a lower density residential district) was addressed in the Ordinance approved by Council on April 11 th. Those height transition standards currently require lower height limits in the portions of a building that are within 40 to 150 feet of a lower density residential district (typically, except for the RM-40 and PC districts).

This discussion relates to the issue of contextual height standards, meaning when a new taller building is located next to a shorter building , regardless of location or zoning district. As stated in the Background section, SB 330 prohibits the City from lessening the intensity of housing.

Staff do not recommend a dopting a standard that would reduce height l imits on new housing projects when abutting lower height buildings, unless it can be balanced with increases in height in other locations. If the Council wishes, it could consider a contextual height reduction for non-residential uses, which are not regula ted by State law, as part of a separate action or referral.

Instead, staff presents alternative standards that require transitions in massing through required daylight planes and stepbacks. At its April 7, 2022 meeting, the ARB voted to recommend three st andards for contextual height. These recommendations are included in 15 Packet Pg. 187

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Attachment A. When the height of the subject proposed building is more than 20 feet above the average height of an adjacent building and the two buildings are separated by 20 feet or less:
• Figure 1: An upper story step back, a minimum of 6-feet deep, would be required on both the primary building frontage (typically the front and street -facing façade) and on the facing façade, for a minimum of 70% of the building length; the stepback would be required to start within 2 feet of the height of the adjacent building to create a compatible datum line or transition across the abutting sites; and

• Figure 2: A daylight plane is proposed (if not already required by the c urrent code, see Table 2 below); the daylight plane would start at 25 ft. above grade at the property line , before extending 45 degrees ; a setback would only be required if required by the base district.

Figure 1: Upper Story Stepbacks

Figure 2: Daylight Plane
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Together, these standards are more nuanced than a wholesale height reduction. They allow allowable height and density to be achieved, but require and encourage site planning and massing away from the abutting lower density building. A daylight plane limits the building envelope in a way that results in either a building with one or more upper story setbacks or site planning that sets a building back from the daylight plane area. See example images below. The daylight plane standard is irrespective of height. It is required of a new 50-foot building as well as 15-foot building, although the impacts are greater to the 50-foot building.

Palo Alto’s typical daylight plane requirement (left) and stepbacks in Oakland, CA (right).

Currently, the daylight plane is required in several districts that allow multifamily housing, as shown in Table 2. New projects in certain districts must design daylight planes depending on the proposed use (columns 1 and 2), if they are adjacent to certain residential districts (column 3). The proposed revised daylight plane standards would extend a daylight plane requirement 15 Packet Pg. 189

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to Housing Development Projects next to all residential units regardless of zone or lo cation (column 4).

Table 2: Existing Daylight Plane Requirements
New projects in
these districts…. And with these uses…
Currently, must build to a
daylight plane if abutting
these districts…
As proposed, daylight
plane would now be
required when a Housing
Development Project abuts
these districts/uses

18.13: RM All uses
All residential districts, except
for lots greater than 70 feet
that are zoned RM-30, RM-40,
PC, or non-residential districts
Residential uses on lots
greater than 70 feet

18.16:

CN/CS/CC/CC(2)
Non-Residential All residential districts, except
for RM-40 and PC
Residential uses in RM-40,
PC, or non-residential
districts
Residential/Mixed Use All residential districts Residential uses in non- residential districts and PC

18.18: CD
Non-Residential All residential districts Residential uses in non- residential districts and PC
Residential/Mixed Use All residential districts and PC Residential uses in non- residential districts

18.20: MOR/GM All uses All residential districts Residential uses in non- residential districts and PC

18.20: ROLM/RP All uses None Residential uses in all
zones

18.30(J): AH
Overlay
All uses All residential districts Residential uses in non- residential districts and PC

18.30(K): WH
Overlay
All uses All residential districts Residential uses in non- residential districts and PC

18.34: PTOD
Overlay All uses R-1 and R-2 districts Residential uses in non- residential districts and PC

As a result, these standards would have the effect of:

• Reducing massing and height in portions of new Housing Developments Projects facing existing lower height buildings;
• Contextually responding to the height of the lower abutting building with compatible design elements; and/or
• Encouraging new Housing Developments Projects to alter s ite plans and increase building separation (i.e., move away from the abutting property line), thereby 15 Packet Pg. 190

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modulating transitions and avoiding having to design in stepbacks. Stepbacks require expensive water proofing that an applicant may wish to avoid through more careful site planning.

Staff believes these standards will help to transition buildings heights across existing and proposed uses.

Motion Item H. Evaluate and return with strengthened language to use “design standards” instead of “design intents”;

As stated in the Background section of this report, SB330 clearly defines “objective design standards” as being measurable and uniformly verifiable. The criteria are subjective guidelines that establish the purpose or intent for standards; therefore , the term “standard” is not appropriate. Staff have proposed to rename the design “intent statement s” to “ contextual design criteria” to clarify their relationship to the existing context -based criteria and to more strongly connote that the “criteria” are requirements.

Motion Item I. Evaluate whether "decision by director" option throughout objective standards puts those at risk and should be changed /remove; and

This motion item addressed draft code language that allowed alternative approaches for design details as approved by the Director of Planning and Development Services. All of these clauses related to examples of how a standard could be implemented. For example, “screening devices such as lattices, louvers, shading devices, perforated metal screens, or similar strategies as approved by the Director.” Staff do not believe that this created a subjective standard. Rather it allowed the applicant some flexibility and creativity to come up with a design strategy for a screening device. Regardless, staff have revised Chapter 18.24 in Attachment A to remove all clauses that allowed “similar strategies as approved by the Director ” in accordance with the motion.

Motion Item J. On appeal, consider sending directly to Council if required to meet streamlining requirements.

This motion item relates to timing and process for projects that are subject to streamlined review. Chapter 18.40.170 already allows for the Director to forward projects to City Council for final action, at their discretion even in the absence o f an appeal. Therefore, no further changes are necessary for the ordinance in Attachment A or B.

Motion Item A. Take Council feedback on overlays and then take to housing element working group and return to Council for further discussion;

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Title 18 offers flexible development standards to facilitate multi -family residential and affordable housing projects but requires legislative action in order for projects to access these standards. The legislative action adds time, expense, and uncertainty to the develo pment process. Specifically, the Workforce Housing (WH), Affordable Housing (AH), and Pedestrian Transit Oriented Development (PTOD) combining overlays require action by the PTC and City Council prior to architectural review of development proposed for a specific site. These overlays have been used infrequently.

Through the Housing Element Update process, City staff and consultants are analyzing potential governmental constraints on housing development and ways to address these constraints, as required by State law. As part of this analysis, staff have referred the Council’s November 8 th comments about the Housing Incentive Program (HIP), Workforce Housing (WH) Overlay, Affordable Housing (AH) Overlay, and Pedestrian and Transit Oriented Development (PTOD) Overlay, to the Housing Element update process.

While this analysis is underway with the Housing Element, staff recommend targeted changes to the AH overlay as part of this objective standards ordinance, to recharacterize the overlay as an incentive program.1 These zoning changes help support the City’s response to the Civil Grand Jury Report, in particular Recommendation 9b which calls for the City to streamline the approval process. Additionally, the changes anticipate what the City’s Housing Element up date would otherwise identify as governmental constraints on development by offering a more streamlined approach and more density for projects with 100% affordable housing units.

As written today, the AH overlay allows for modifications to development sta ndards such as building height, floor area ratio (FAR), and parking, as shown in Table 3. The proposed changes to the AH Overlay drafted in Attachment B allow projects that meet existing affordability thresholds to automatically qualify for flexible develo pment standards , without legislative rezoning by the PTC and Council . Architectural Review by the ARB would continue to be required for projects taking advantage of the AH incentive program. The only changes proposed to the AH program are to the process, as shown in Table 4.

Table 3: Existing AH Overlay vs. Proposed AH Incentive Program Standard
Existing Affordable Housing (AH)
Overlay
Proposed Affordable Housing
(AH) Incentive Program
Affordability Threshold Rental project, with 100% of units for households with incomes up to
120% of AMI
Same
Maximum FAR 2.4 Same

1 The previous proposal of changes to the AH overlay suggested expanding applicability of the AH to PTOD -eligible sites in the Cal Ave. area. No expansions are proposed in this version . 15 Packet Pg. 192

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Residential 2.0 Same
Non-Residential 0.4 Same
Maximum Height 50 Same
Usable Open Space 50 sf/unit Same
Parking 0.75 space/unit Same
Applicable Zones/Locations CD, CN, CS, and CC Same
Process Architectural Review
• Up to 3 meetings with ARB
Rezoning
• PTC Review/Recommendation
(typically 1 or 2 meetings)
• City Council Pre-screening
Review and Final Action (at
least two meetings)
Architectural Review
• Up to 3 meetings with ARB

In most cas es, the AH overlay offers more FAR/density than what is achievable under State Density Bonus law for projects with mixed incomes. For example, a site on California Avenue is permitted 0.6 residential FAR in the CC(2) district, but 2.0 residential FAR in th e AH overlay, if the project includes 100% affordable units up to 120% of AMI. This is essentially a local density bonus program; more density in exchange for 100% affordable housing. Based on the affordability criteria in the existing AH overlay, streamli ning the process may generate more moderate-income units. These units are distinguished from the income restrictions under the workforce housing overlay, which is set at 130% -140% AMI. A non -profit affordable housing provider would also benefit from this s treamlined review and provide units typically at the 60% AMI level to qualify for low-income tax credits.

Motion Item B. Direct Staff to retain current Context -Based Design Criteria and Chapter 18 laws for development applications that do not fall under the State housing laws requiring objective standards;

Revisions to the Draft Ordinances
Staff has revised the draft ordinances in Attachments A and B to distinguish the two paths for project review and evaluation. As revised and as shown in Table 4:

1. Housing Development Projects , as defined under Government Code Section 65589.5, would be required to meet Objective Design Standards in the new Chapter 18.24. In meeting the objective design standards, a project would automatically meet the contextual design criteria in Chapter 18.24. Housing Development Projects would not be required to meet context -based design criteria. For design review, Housing Development Projects would go through the new Streamlined Housing Development Project Review process outlined in Chapter 18.77.033.
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2. Other Projects, including housing or residential mixed-use projects that do not meet the definition of a Housing Development Project, and non -residential project s would continue to be subject to the Context -Based Design Criteria (if rele vant in the zoning district). These other projects would continue to go through typical Architectural Review, pursuant to Chapter 18.76.

Table 4: Summary of Standards and Process, by Project Type Review Type Housing Development Projects
Other Residential Projects & Non-
Residential Projects
Design Standards/Guidelines New Chapter 18.24: Objective Design Standards
Existing Context-Based Design
Criteria (if applicable in Zoning
District)
Design Review Process
New Subsection 18.77.033:

Streamlined Housing
Development Project Review
Existing Chapter 18.76: Architectural
Review

This revision to the version of the ordinance that the Council took action on (November 8 th) wholly preserves the Context -Based Design Criteria that the City is fami liar with, so for m ost projects there will be no change in process or standard of review , and the City can continue to enforce these longtime guidelines.

Staff Alternative Approach
However, staff would like to suggest an alternate approach for the Council’s consideration.

Based on the revisions outlined in this report, staff believe that we have more closely aligned the Context-Based Design Criteria and the Objective Design Standards. In particular, the revised draft ordinance in Attachment A expands on privacy and sight li ne standards and contextual design criteria , as well as contextual height standards that were previously missing. The comparison of existing and draft new standards and purpose statements in Attachment C identifies how these two documents are now more clos ely aligned. Staff believes that the misalignment of concern to the Council that was the rationale for motion Item B has now been resolved.

With these changes to the standards and purpose statements, staff recommends that the Council reconsider the ARB and staff’s original approach:

1. Require Housing Development Projects to meet the Objective Design Standards in Chapter 18.24.
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2. Require all Other Projects to meet Contextual Design Criteria in Chapter 18.24, as determined by the ARB, over the course of up to 3 ARB meetings.

3. Delete Context-Based Design Criteria in Chapters 18.13, 18.16, 18.18, and 18.34, replacing them with the Contextual Design Criteria and Objective Design Standards in

18.24. This approach has several benefits:

1. Clarifies the City’s design priorities in one code section vs. five code sections. This reduces the overall amount of code and the redundancies that currently exist across four zoning districts that reiterate the Context-Based Design Criteria.

2. Clarifies for City staff, ARB and other decision-makers, applicants, and community members what the City’s design priorities are.

3. Allows criteria that the community and Council have identified as important —such as design standards for privacy, sight lines, and height transitions —to apply to all project types/uses, not just Housing Development Projects.

4. Reduces burdens on City staff. A project could change from a Housing Development Project subject to objective design standards to a housing project subject to Context - Based Design Criteria, durin g the course of entitlement. A project could still look much the same and would likely meet both the contextual design criteria and Context -Based Design Criteria, since they are quite similar. Still, having one set of criteria avoids City staff preparing staff reports from having to shift from one set of criteria and findings to another.

Stakeholder Engagement
As with all citywide projects, the 11 ARB hearings and the three (3) PTC hearings were noticed in the Daily Post. The ARB Ad Hoc meetings were not p ublicly noticed meetings. On January 22nd, March 2 3rd, May 10 th, July 22 nd, and September 15 th, 2021, staff sent an email to a wide range of architect and consultants that have worked with the City in the recent past on development projects to solicit comm ents on the draft objective standards ; six out of 30 stakeholders provided feedback.

Detailed comments can be found in the October 4, 2021 City Council staff report:
• Public Comments: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/public-letters-to-council/2021/20211004-oct-4/20211004plccs-item-aa1.pdf • Stakeholder Comments: https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2021/10- october/20211004/20211004pccsm-amended-linked.pdf#page=407

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Several members of the public addressed the PTC at its June 9, 2021 hearing regarding height transition langu age, as summarized above . On July 19, 2021, staff held webinar #1 to discuss the topic of height transitions. Approximately 27 community members attended the online discussion.

On February 1, 2022 and March 22, 2022, staff held webinar #2 and #3, respect ively, to provide an overview of the objective standards project; present revisions to privacy, sight line, and height transitions standards; and solicit feedback. Approximately 16 and 15 community members attended the online discussions, respectively.

Environmental Review
The ordinance revisions represent implementation of adopted plans and policy. Therefore, the revisions are exempt under CEQA and covered by the CEQA documents prepared for the Comprehensive Plan. The project aims to facilitate implementa tion of State law. The project does not propose to increase development beyond what was analyzed in the Comprehensive Plan.

Attachments:

Attachment15.a: Attachment A: Ordinance Adding Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) (PDF)
Attachment15.b: Attachment B: Ordinance Amending Title 18 (Zoning) to Implement Objective Standards, Streamline Process for Housing Development Projects, and Other Clarifications (PDF)
Attachment15.c: Attachment C: Existing Context-Based Design Critiera vs Proposed Design Criteria/Standards (Crosswalk Document) (PDF)
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.24 of Title 18 (Zoning) of the Palo Alto Municipal Code to Adopt Building Design Intent Statements Contextual Design Criteria and Objective Design Standards

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1.  Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is added as follows:

Sections:

18.24.010 Purpose and Applicability

18.24.020 Public Realm/Sidewalk Character

18.24.030 Site Access

18.24.040 Building Orientation and Setbacks

18.24.050 Building Massing

18.24.060 Façade Design

18.24.070 Residential Entries

18.24.080 Open Space

18.24.090 Materials

18.24.100 Sustainability and Green Building
Design

18.24.010 Purpose and Applicability
(a) Purpose.

The purpose of this Chapter is to provide guidance for good design in the form of “contextual design criteriaintent statements” which establish design intent,  for all project types and to provide objective design standards  that facilitate streamlined reviewfor multifamily and residential mixed‐use development projects that qualify as Housing Development Projects under the Housing Accountability Act. Diagrams are provided for illustrative purposes only and are not intended to convey required architectural style. Rather, the objective design standards aim to accommodate a variety of styles, construction types (e.g., wood frame, modular) and housing types including townhomes, apartments, condos, and mixed‐use buildings. (b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5), both new construction and renovations, Wwithin the following zones and combining districts, the intent statements apply to all project types (including non‐residential projects), new construction, and renovations:
(1) Chapter 18.13: RM‐20, RM‐30, RM‐40
(2) Chapter 18.16: CN, CC, CC(2), CS
(3) Chapter 18.18: CD‐C, CD‐S, CD‐N

15.a
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(4) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM – residential and residential mixed‐use only; regulations do not apply to non‐residential projects (5) Chapter 18.28: PF – residential and residential mixed‐use only; regulations do not apply to non‐residential projects
(6) Chapter 18.34: PTOD combining district
in the zoning districts identified below. Housing Development Projects include multifamily housing with three or more units (“multiple‐family use” as defined in 18.04.030), supportive and transitional housing, and residential mixed‐use projects with at least two‐thirds residential square footage shall meet the objective design standards.  Additionally, objective design standards apply to new multifamily housing with three or more units (see definition in

18.04.030), supportive and transitional housing, and residential mixed‐use projects with at least two‐thirds residential square footage:
(1) Chapter 18.13: RM‐20, RM‐30, RM‐40
(2)(1) Chapter 18.16: CN, CC, CC(2), CS
(3)(1) Chapter 18.18: CD‐C, CD‐S, CD‐N
(4)(1) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM – residential and residential mixed‐use only; regulations do not apply to non‐residential projects (5)(1) Chapter 18.28: PF – residential and residential mixed‐use only; regulations do not apply to non‐residential projects
(6) Chapter 18.34: PTOD combining district

(c) Process and Alternative Compliance
Each section of this chapter includes two components:
(1) Contextual design criteria an intent statement thatestablish design intent for more detailed standards and are intended  to gives guidance for all applicable projects, regardless of use.
(1)(2) Objective design standards provide detailed measurable standards or options for compliance. Projects meeting objective standards are automatically assumed to meet contextual design criteria.

Housing development Development projects Projects are required to comply with objective standards in order to take advantage of streamlined review pursuant to Section 18.77.073; .

Hhowever, applicants may choose to forgo one or more objective standards, in which case the housing development project no longer meets the definition of a Housing Development Project and will be evaluated to the spirit of the relevant intent statementsbased on Context‐Based Design Criteria for the zoning district, if relevant, and be subject to architectural review as set forth in Sections 18.76.020 and 18.77.070.

Non‐Housing dDevelopment projects Projects and non‐residential projects shall adhere to the Context‐Based Design Criteria for the zoning district, if relevant, spirit of the intent statements and be subject to architectural review as set forth in Section 18.76.020 and 18.77.070. (d) Definitions
In addition to definitions provided in Chapter 18.04, the following definitions are specific to this Chapter.

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(1) “Primary Building Frontage” means the front lot line or frontage along the public right‐ of‐way. In the case of a through‐lot, the primary building frontage could be on either public right‐of‐way.
(2) “Primary Building Entry” means the entrance leading to a lobby and accessed from the primary building frontage.
(3) “Pedestrian Walkway” means a sidewalk or path that is publicly‐accessible and connects from a public right‐of‐way to another public right‐of‐way or publicly accessible open space.
(4) “Façade Modulation” means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.

18.24.020 Public Realm/Sidewalk Character
(a) Contextual Design Criteria Intent Statement
To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks). (2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.
(4)(5) Utilize street parking for visitor or customer parking and to enhance traffic calming.
(b) Objective Design Standards
(1) Sidewalk Widths
(A) Public sidewalks abutting a development parcel in any commercial mixed‐use district (CN, CS, CC, CC(2), CD‐C, CD‐S, CD‐N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided.

Notwithstanding the total dimensions required herein, the following streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft (B) Publicly accessible sidewalks or walkways, with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six‐foot width.

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(C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.

Figure 1: Illustrative Sidewalk Section and Description of Zones

Mixed‐Use Frontage              Residential Frontage

Frontage  Sidewalk  Street
Building
Setback
Frontage
Area
Pedestrian
Clear Zone  Landscape/Furniture Zone  Vehicles/Bike
Lanes
Mixed‐Use
 Sidewalk Dining
 Outdoor Displays
 Public Art
 Seating
 Trees/Planting
Residential
 Stoops
 Porches
 Front Yards
 Trees/Planting
 Sidewalk

 Street Trees/Planting
 Street Lighting
 Seating
 Bike Parking
 Public Art
 Outdoor Dining
 Bus Shelters
 Utilities (e.g., hydrants)
 Street
Parking
 Bike Lanes
 Drop‐off
Zones
 Parklets
 Bus Stops
(2) Street Trees
Sidewalks shall include at least one street tree, within six feet of the sidewalk, for every 30 feet of linear feet of sidewalk length. Rights of way under control of the County of Santa Clara or State of California, supersede this requirement if they have conflicting regulations.
(3)  Accent Paving
On University and California Avenues, new construction projects shall install accent paving along the project frontage(s) (e.g., at intersections, sidewalks and/or other publicly‐accessible areas), as indicated in the table below.

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Street Segment  Paving Material
University Avenue from Alma Street to
Webster Street
Brick at corners
Brick trim at mid‐block
California Avenue from El Camino Real to
Park Boulevard
Decorative Glass
(4) Mobility Infrastructure
(A) Micromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right‐of‐ way.
(B) Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right‐of‐way within 50 feet of the building entry. On arterials—except  Downtown—seating  areas or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T‐5 of the Comprehensive Plan and do not include residential arterials.

18.24.030 Site Access
(a) Contextual Design Criteria Intent Statement
To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points. (2) Connections to side streets, open spaces, mews, alleys, and paseos (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.
(3)(4) Shared access agreements among property owners, where feasible, to reduce the number and widths of curb cuts and driveways.
(b) Objective Design Standards
(1) Through‐Lot Connections.

Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway connecting the two streets.
(2) Building Entries.

Entries to Primary Building Entries shall be located from a public right‐of‐way or, if not possible, a publicly accessible Pedestrian Walkway.
(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available.

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(B) Except for driveway access and short‐term loading spaces, off‐street parking, off‐ street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.
(4) Loading Docks and Service Areas.

Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades other than the primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened in accordance with Chapter

18.23.050.
(B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter 18.23.050 and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.

18.24.040 Building Orientation and
Setbacks
(a) Contextual Design Criteria Intent Statement
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses.
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces. (5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development. (6) Landscaped or usable areas that contain a balance between landscape and hardscape. (7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.
(b) Objective Design Standards
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.

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(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Examples: Wrap around front porch, bay window. (2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A) Street wall shall be located at the minimum front yard setback or build‐to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:

//

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(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building

(ii) A different material application and/or fenestration pattern from the rest of the façade.

(iii) A change in height of at least 4 feet greater or less than the height of the abutting primary façade.

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(B) An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining (iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% transparent.

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(3) Primary Building Entry
The primary building entry shall meet at least one of the following standards:
(A) Face a public right‐of‐way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right‐of‐way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet.
(ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.
(4)  Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public right‐of‐way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation.
(B) Ground floor units with a setback greater than 15 feet shall have at minimum an average of one tree per 40 linear feet of façade located in the building set back. (C) Ground floor residential entries shall be setback a minimum of 10 feet from the back of sidewalk.
(D) Where no minimum building set back is required, all residential units shall be set back a minimum 5 feet from back of walk.
(E) A minimum of 80% of the ground floor residential units that face a public right‐ of‐way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space. (Senior units or other deed‐ restricted units for special populations are exempt)

Figure 2a: Finished Floor heights for ground floor residential units, calculation.

Formula: 𝑦 ൌ ቀെ
ସ
ଵହቁ ሺ𝑥ሻ ൅
ଵ଺
ଷ
where 𝑦 = ground floor finished floor height, in feet
and 𝑥 = setback distance from back of walk, in feet
Setback Length  Ground Floor Finished Floor
Height (minimum)
5 ft*  4 ft

7.5 ft  3 ft 4 in
10 ft   2 ft 8 in

12.5 ft  2 ft
15 ft  1 ft 4 in

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17.5 ft  8 in
20 ft  0 ft (grade)

*Per 18.24.040.(b)(4)(D), ground‐floor residential units shall be set back a minimum 5 feet from back of walk.

Figure 2b: Finished Floor range for ground floor residential units.

//

//

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Example 1: Finished floor height greater than 4 feet above sidewalk grade with minimum 5 feet setback.

Example 2: Finished floor height in the middle of the range.

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Example 3: Finished floor height at sidewalk grade.

(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground‐floor retail or retail‐like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground‐floor residential uses shall have a minimum of 60% landscaped area in the required setback area.
(6) Side Year Setback Character
(C)(A) Each detached dwelling unit shall have at least one usable side yard, at least 6 feet wide, between the house and fence to provide outdoor passage between the front and rear yards.

18.24.050 Building Massing
(a) Contextual Design Criteria Intent Statement
To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human‐scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:

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(1) Break down large building facades and massing to create a human‐scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations
(3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.
(5) Provide harmonious transitions between adjacent abutting properties (5)(6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.
(b) Objective Design Standards
(1) Upper Floor Step Backs & Daylight Planes
(A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length.
(B) Notwithstanding, subsection (a), when adjacent abuttingto a single‐story building, the upper floor step back shall occur between 33 and 37 feet in height.

(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45‐degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:

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(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and
(ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and (i)(iii) The project abuts residential units in the side or rear yard.

(2) Privacy and Transitions to Lower Density Building TypesResidential Uses When a building abuts a residential use at an interior a side and/or rear property line with a RE, RMD, R‐1, or R‐2 zoned parcel or a village residential or existing single‐family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:
(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

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(B) Façade Breaks: A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing.

Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.
(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or
(ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or
(iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and
(iv) Landscape screening shall be 24‐inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity
(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45‐degree angle downward from balcony railing
(ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space
(iii) Provide balcony/deck design measure which may include:

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a. Minimum 85% opaque railing
b. Obscure glass railing
c. Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)
(3) Maximum Façade Length.

For portions of a building facade facing a public street, right‐of‐way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection.

(A) Buildings 250 feet in length or greater, which face a public street, right‐of‐way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right‐of‐way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.

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(4) Special Conditions ‐ Railroad Frontages
All parcels with lot lines abutting railroad rights‐of‐way shall meet the following standards on the railroad‐abutting facade:
(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length.
(B) For portion of a building 20 feet or greater in height, a maximum continuous façade length shall not exceed 60 feet.
(5) Diversity of Housing Types
(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
 < 1‐acre lots: minimum 1 housing type;
 1 to 2‐acre lots: minimum 2 housing types; or
 > 2‐acre lots = minimum 3 housing types.

18.24.060 Façade Design
(a) Contextual Design Criteria Intent Statement
To create cohesive and well‐crafted building facades with human‐scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human‐scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human‐scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

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(b) Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design. (2) Façade sidewalls located along a zero‐lot line where, at time of approval are not visible from a right‐of‐way, are exempt.
(3) Façade sidewalls located along a zero‐lot line, where at time of approval are visible from a right‐of‐way, shall continue color, material, and pattern of the main façade.

(c) Objective Design Standards
(1) Base/Middle/Top
(A) Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of two three or more of the following four techniques:
(i) Variation in building modulation (minimum of one, if option selected) a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum  dimension  of  two  feet  from  the  primary  facade.

b. Upper floor step backs. A horizontal step back of upper‐floor façades with a minimum five‐foot step back from the primary façade for a minimum of 80% of the length of the façade.

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c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of two feet for a minimum 80% of the length of the façade.

Ground floor step backs shall not exceed the maximum setback requirements, where stated.

(ii) Variation in facade articulation (minimum of one, if option selected) a. Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services. The recess or projection shall be a minimum four

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inches in depth.
b. Variation in horizontal and/or vertical projections such as shading and weather protection devices, decorative architectural details, or similar

c. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum four inches in height or a minimum two inches in depth and include a change in material;

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(iii) Variation in at least two of the following: fenestration size, proportions, pattern, and depth or projection.

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(iv) Variation in two of the following: façade material, material size, texture and pattern, or color.

(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two three of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth. (ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material;
(iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth;
(v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or
(vi) Use of fine‐grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width.; or
(vi)(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.
(3) Compatible Rhythm and Pattern
(A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with

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building modulation to create vertically oriented facades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the façade, the following standards apply:
(i) For continuous facades less than 100 feet in length, the façade shall have vertically oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration.

(ii) For continuous facades 100 feet or greater in length, the façade shall include either:
a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm or a unit between 20 to 50 feet in width; or

b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm housing units or individual rooms between 10 to 16 feet in width.

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(B) Residential mixed‐use buildings shall express a vertical rhythm and pattern by meeting at least one of the following standards:
(i) Vertical Patterns and Modulation: Facades shall use vertical patterns of building modulation, façade articulation, and fenestration.

(ii) Horizontal Patterns and Modulation: Facades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum four feet wide and two feet deep vertical shift in modulation at least once every 50 feet of façade length.

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(C) Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width. (4) Emphasize Building Elements and Massing
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor‐area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed‐use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.
(B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(5) Storefront/Retail Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor‐to‐floor or shall maintain a 2nd floor datum line of an abutting building.
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.
(C) Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade

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(D) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.
(ii) Awnings may be fixed or retractable.

(6) Other Non‐residential Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor‐to‐floor or shall match the 2nd floor datum line of an abutting building.
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

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(7) Parking/Loading/Utilities
(A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet) (B) Above grade structured parking levels facing a public right‐of‐way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet. (C)  Partially sub‐grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub‐grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub‐grade parking.

18.24.070 Residential Entries
(a) Contextual Design Criteria Intent Statement
Private entries into ground floor residential units shall be designed to provide:
(1) human‐scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy

(b) Objective Design Standards
(1) Ground Floor Unit Entries: Where ground floor residential unit entries are required, one or more of the following entry types shall be provided:
(A) Stoop:
(i) Stoops shall provide entry access for a maximum of two units; and (ii) Stoop heights shall be within 1 step of finished floor height of adjacent unit; and

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(iii) Stoop entry landings shall be a minimum 5 feet in depth; and (iv) The maximum stoop height from the back of sidewalk grade shall be 5 feet.

(B) Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6‐foot by 6‐foot square can fit inside of a porch for each unit; and
(iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

(C) Patio Entry
(i) Patio entries may serve up to two units; and
(ii) Patios shall be large enough so a 5‐foot by 5‐foot square can fit inside of the patio for each unit; and

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(iii) The Patio shall include at least one of the following features to define the transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space. Shrubs shall be at least one gallon in size and be planted a maximum of three feet on center; or
b. A fence not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space, with a gate or fence opening to provide access to the pedestrian route between the pedestrian way and the front door; or
c. A metal, wood or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way and the front door. A minimum 18‐inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.

(D) Terrace:
(i) A Terrace may serve multiple unit entries; and
(ii) The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway; and
(iii) Walls, fences and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40 percent.

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(E) Frontage Court:
(i) A Frontage Court may serve multiple unit entries; and (ii) The minimum Frontage Court width along a primary frontage shall be 25 feet; and
(iii) The maximum Frontage Court width along a primary frontage shall be 50 percent of the facade length or 80 feet, whichever is less; and (iv) The minimum Frontage Court depth shall be 25 feet; and (v) The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.

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18.24.080 Open Space
Contextual Design Criteria Intent
(a)
To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto. Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place
(4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses
(6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street

(b) Objective Design Standards
(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(A) Floor area shall include a clear space with a minimum dimension of a circle with a six‐foot diameter.
(B) Minimum clear height dimension of 8’‐6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements:
(i) RM‐20 and RM‐30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area (ii) RM‐40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4) (2) If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10‐foot diameter.
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open‐air features are permitted.
(D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25

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(E) Include places to sit
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

18.24.090 Materials
(a) Contextual Design Criteria Intent Statement
To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.
(b) Objective Design Standards
(1) Façade Materials.

Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed‐use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB.

//

//

//

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List provided for informational purposes; will be posted to City’s website and not codified by ordinance.

Residential and Residential Mixed‐use Material List
Material  Maximum
Usage
% of façade
area
Brick (full dimensional)  100%
Stone/masonry  100%
Stucco/Cement Plaster  100%
Glass (transparent, spandrel)  100%
Finished wood, wood veneer, engineered wood, and wood siding  100% Factory or naturally finished flat, profiled, fluted, or ribbed metal panels  100% Fiber reinforced cement siding and panels  100%
Terracotta  100%
Concrete (poured in place or precast)  35%
Concrete blocks with integral color (ground, polished, or glazed finishes)  35% Concrete blocks with integral color (split face finish)  35% Ceramic tile  35%
Standing seam metal  35%
Three Dimensional Glass  5%
Corrugated metal  5%
Vegetated wall panels or trellises  5%
Vinyl siding  Not
Permitted
T‐111 Plywood  Not
Permitted
Exterior Insulation Finishing System (EIFS)  Not
Permitted
Plastic or vinyl fencing  Not
Permitted
Chain link fencing  Not
Permitted

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18.24.100 Sustainability and Green Building Design
(a) Contextual Design Criteria Intent Statement
To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high‐quality spaces and high recycled content materials. The following considerations should be included in site and building design:
(1) Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
(2) Design landscaping to create comfortable micro‐climates and reduce heat island effects (3) Design landscaping with native species
(4) Maximize onsite stormwater management through landscaping and permeable pavement
(5) Use sustainable building materials
(6) Design lighting, plumbing and equipment for efficient energy use (7) Create healthy indoor environments
(8) Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements
(b) Objective Design Standards
See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The Council finds that this Ordinance represents the implementation of adopted plans and policy. Therefore, the Ordinance are exempt under the California Environmental Quality Act (CEQA) and/or covered by the CEQA documents prepared for the City of Palo Alto Comprehensive Plan 2030. The project aims to facilitate implementation of State law. The project does not propose to increase development beyond what was analyzed in the Comprehensive Plan.

//

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SECTION 4. This Ordinance shall be effective on the thirty‐first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

_________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM:                  APPROVED:

_________________________ ____________________________ Assistant City Attorney Director of Planning and
Development Services

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Ordinance No. ____

Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) to Implement Objective Standards, Streamline Processing of Housing Development Applications, and Otherwise Clarify the Zoning Code.

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Subdivisions (a)(102) and (a)(142) of Section 18.04.030 (Definitions) of Chapter

18.04 (Definitions) of Title 18 (Zoning) are amended and a new Subdivision (a)(75.5) is added as follows:

18.04.030 Definitions

(a) Throughout this title the following words and phrases shall have the meanings ascribed in this section.

[. . .]

(73.5) “Housing Development Project” means the a proposed development meeting the definition set forth in California Government Code section 65589.5, subdivision (g)(2).

[. . .]

(102) “Multiple-family (residential)
use” means the use of a site for three or more dwelling units, which may be in the same building or in separate buildings on the same site. A single- family or two-family use with one or more Accessory Dwelling Units shall not be considered a multiple-family use.

[. . .]

(75.5) “Landscape/Open Space Coverage” means permanently maintained open space that includes all Usable Open Space (see subsection 142), landscape, and other uncovered areas, but excluding parking facilities, driveways, utility or service areas, or areas with mechanical equipment.

[. . .]

(142) “Usable open space” means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation, or
pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas, or areas with mechanical equipment. Usable open space includes common open spaces,

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such as courtyards and park spaces, and/or private open spaces, such as balconies and patios, depending on the requirements of the zoning district.

Usable open space may be covered if at least 50% open on the sides. Usable open space shall be sited and designed to accommodate all groups including children, seniors, and other adults, different activities including active and passive recreation and uses, and should be located convenient to the intended users (e.g., residents, employees, or public). Any usable open space that is not landscaped shall be developed to encourage outdoor recreational use and shall include elements such as decks, seating, decorative paved areas and walkways which do not serve as an entrance walkway. Usable open space shall be screened from utility or service areas, and areas with mechanical equipment. Parking, driveways and required parking lot landscaping shall not be counted as usable open space.

SECTION 2
. Section 18.08.030 (References to Districts) of Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) is amended as follows:

18.08.030 References to Districts

Reference within this title to residential districts generally and as a grouping, includes all districts identified in this section. Where references are made to more restrictive or less restrictive residential districts, such references shall apply sequentially between the most restrictive and the least restrictive.

Residential District Restrictive Reference
RE Most Restrictive

Least Restrictive
R-1 (20,000)
R-1 10,000)
R-1 (8,000)
R-1 (7,000)
R-1
R-2
RMD
RM-20
RM-30
RM-40

SECTION 3
. Subsections (a), (b), (e), (f), (g), and (h) of Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) are amended as follows:

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18.13.040 Development Standards

(a) Site Specifications, Building Size and Bulk, and Residential Density The site development regulations in Table 2 shall apply in the multiple-family residence districts, provided that more restrictive regulations may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regulations set forth in Chapter 18.76, performance criteria set forth in Chapter 18.23, and the context-based objective design criteria standards set forth in Section 18.13.060Chapter

18.24. Table 2
Multiple Family Residential Development Table
RM-20 RM-30 RM-40 Subject to
regulations
in:
[…]
Minimum Setbacks
[…]

18.13.040(b) Interior Rear Yards (ft)3 10 10 10
[…]
Minimum Site Landscape/Open Space
Coverage(5) (percent)
35 30 20 18.13.040(e)

18.24.040

18.13.040(e)

18.24.040

18.13.06018.2

4.040
Minimum Usable Open Space (sf per
unit)(5)
150 150 150
Minimum common open space (sf per
unit)
75 75 75
Minimum private open space (sf per
unit)
50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130
Parking(6) See provisions of Chapters 18.52
and 18.54
Ch. 18.52
Footnotes:
[…]
(5) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total site landscape/open space coverage after usable open space requirements are met. (6) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem are intended for use by the same residential unit. For projects with more than four (4) units, not more than 25% of the required parking spaces shall be in a tandem configuration. […]

Incorrect
footnote
Relocated to

18.13.040(h)
Redundant
with

18.52.040,
Table 1

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(b) Setbacks, Daylight Planes and Height - Additional Requirements and Exceptions (1) Setbacks
(A) Setbacks for lot lines adjacent to an arterial street, expressway or freeway, as designated in the Palo Alto Comprehensive Plan, shall be a minimum of twenty-five feet (25'), except that lesser setbacks may be allowed or required by the Planning Director, upon recommendation by the Architectural Review Board, where prescribed by the context-based criteria outlined in Section 18.13.060. Special setbacks of greater than 25 feet may not be reduced except upon approval of a design enhancement exception or variance.
(A)
(A)(B) Required parking spaces shall not be located in a required front yard, nor in the first ten feet (10') adjoining the street property line of a required street side yard.
(B)(C) Projections into yards are permitted only to the extent allowed by Section 18.40.070 of this code.
(2) Height and Daylight Planes
(A) Exceptions to maximum height limitations are permitted only to the extent allowed by Section 18.40.090 of this code.
(B) The following features may extend beyond the daylight plane established by the applicable district, provided that such features do not exceed the height limit for the district unless permitted to by Section 18.40.090 of this code:
i. Television and radio antennas;
ii. Chimneys and flues that do not exceed 5 feet in width, provided that chimneys do not extend past the required daylight plane a distance exceeding the minimum allowed pursuant to Chapter 16.04 of this code. iii. Cornices and eaves, excluding flat or continuous walls or enclosures of usable interior space, provided such features do not extend past the daylight plane more than 4 feet, and so long as they do not encroach into the side setback greater than 2 feet.

[. . .]

(e) Usable Open Space
The following usable open space regulations shall apply:
(1) Required Minimum Site Open Space. Each site shall, at a minimum, have a portion of the site, as prescribed in Table 2, developed into permanently maintained open space. Site open space includes all usable open space plus landscape or other uncovered areas not used for driveways, parking, or walkways.
(2) Usable Open Space (Private and Common). Each project shall, at a minimum, have a portion of the site, as prescribed in Table 2, developed into permanently maintained usable open space, including private and common usable open space areas. Usable open space shall be located protected from the activities of commercial areas and adjacent public streets and Relocated to

18.24.080(b)

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shall provide noise buffering from surrounding uses where feasible. (A) Private Usable Open Space. Each dwelling unit shall have at least one private usable open space area contiguous to the unit that allows the occupants of the unit the personal use of the outdoor space. The minimum size of such areas shall be as follows:
(i) Balconies (above ground level): 50 square feet, the least dimension of which shall is 6 feet.
(ii) Patios or yards in the RM-20 and RM-30 districts: 100 square feet, the least dimension of which is 8 feet for at least 75% of the area. ara. (iii) Patios or yards in the RM-40 district: 80 square feet, the least dimension of which is 6 feet for at least 75% of the area.
(B) Common Usable Open Space. The minimum designated common open space area on the site shall be 10 feet wide and each
such designated area shall comprise a minimum of 200 square feet. In the RM-30 and RM-40 districts, part or all of the required private usable open space areas may be added to the required common usable open space in a development, for purposes of improved design, privacy, protection and increased play area for children, upon a recommendation of the Architectural Review Board and approval of the Director.

(f) Personal Services, Retail Services, and Eating and Drinking Services in the RM-30 and RM-40 Districts
Within a single residential development containing not less than 40 dwelling units, personal services, retail services, and eating and drinking services solely of a neighborhood- serving nature to residents in the development or in the general vicinity of the project may be allowed upon approval of a conditional use permit, subject to the following limitations and to such additional conditions as may be established by the conditional use permit:
(1) Total gross floor area of all such uses shall not exceed 5,000 square feet or three percent of the gross residential floor area within the development, whichever is smaller, and may not occupy any level other than the ground level or below grade levels.
(2) A maximum of 2,500 square feet of retail and/or service and/or eating and drinking uses shall be allowed per establishment.
(3) Personal services, retail services, and eating and drinking services provided in accordance with this section shall not be included in the gross floor area for the site. (4) The conditional use permit for the project may preclude certain uses and shall include conditions that are appropriate to limit impacts of noise, lighting, odors, parking and trash disposal from the operation of the commercial establishment. The hours of operation shall be limited to assure compatibility with the residential use and surrounding residential uses.
(5) Allowable Neighborhood-Serving Uses. A neighborhood -serving use primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of local customers and clients can walk, bicycle or travel short distances, rather than relying primarily on automobile access or the provider

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of the goods or services traveling off-site. Allowable neighborhood-serving personal services, retail services and eating and drinking services may include, but are not limited to, "agent" dry cleaners, flower shops, convenience grocery stores (excluding liquor stores), delicatessens, cafes, fitness facilities, day care facilities, and similar uses found by the Planning Director to be compatible with the intent of this provision. (6) Sign programs, including size, number, color, placement, etc. shall be permitted only as specified in the conditional use permit and by the Planning Director upon recommendation of the Architectural Review Board
(7) Off-street parking and bicycle facilities, in addition to facilities required for residential uses, shall be provided as may be specified by the conditional use permit.

However, there shall not be less than one parking space for each employee working or expected to be working at the same time.
(8)(6)For any project, other than a 100% affordable housing project, containing forty (40) or greater units and located more than 500 feet from neighborhood commercial services, as determined by the Director, a minimum of 1,500 square feet of neighborhood serving retail, personal service, and/or eating or drinking uses shall be provided, subject to the above limitations. No conditional use permit is required, but the commercial use shall be reviewed by the Architectural Review Board as part of the architectural review approval. A minimum of one parking space for each employee working or expected to be working at the same time shall be provided. A "100% affordable housing project" as used herein means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income leve ls at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average household income does not exceed 80% of the area median income level, except for a building manager's unit.

(g) Redevelopment of Sites wit h Non-complying Density
For a parcel with a residential use that exceeds the maximum unit density of the applicable zoning district, the Director may grant an exception to the maximum unit density standard and allow the parcel to be redeveloped to replace the legally established residential units at the existing density, subject to all of the following:
(1) The applicant must make the request for exception under this provision at the time of project application;
(2) The project is a residential rental project;
(3) The project complies with all other applicable development standards; and (4) The project shall not be eligible for a density bonus under Chapter 18.15 (Residential Density Bonus). The applicant must elect whether to utilize state density bonus law or the exception described herein as an alternative to state density bonus law.

(h) General Standards, Exceptions, and Performance Criteria In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.2340 (Performance Criteria for Multiple Family, Redundant
with Sign
Ordinance
Redundant
with 18.52

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Commercial, Manufacturing and Planned Community Districts (General Standards and Exceptions).

SECTION 4. Subsection (c) of Section 18.13.050 (Village Residential Development) of Chapter

18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is amended and Subsection (f) is added as follows:

18.13.050 Village Residential Development

[. . .]

(c) Development Standards
Table 3 specifies the development standards for new Village Residential developments that provide for individual lots established for sale of one housing unit on a lot. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24context-based design criteria outlined in Section 18.13.060 , provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:

Table 3
Village Residential Development Table
Village Residential Subject to regulations in:
[…]
Minimum Site Landscape/
Open Space Coverage (4)
35% of entire site18.13.040 18.13.040(e)

18.24.040

18.13.040(e)

18.24.040

18.13.06018.24.040
Minimum Usable Open
Space (per unit) (3)(4)
300 sq. ft.

Minimum Common Open
Space (per unit)
No requirement
Minimum Private Open Space
(per unit)
100 sq. ft.

Performance Criteria Ch. 18.23
Landscape Requirements 18.40.130
Parking (5) See provisions of Chapter

18.52 and 18.54

Ch. 18.52 and 18.54
Footnotes:
(1) Individual lots are created by subdividing the development site to create one for -sale lot per dwelling unit.

Overall development intensity (FAR, site coverage, landscape/open space) shall be calculated across the entire site to comply with RM-20 zone standards, and setbacks and daylight planes at the perimeter of the site shall comply with RM-20 setbacks and daylight planes. For common-ownership developments such as condominiums and apartments, the underlying multiple-family zone district development standards shall

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apply.
(2) Covered parking that is attached to the residence shall be included in the maximum house size. (3) Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square feet per required parking space that is covered. Covered parking spaces in excess of required parking spaces count as floor area.
(4) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total site landscape/open space coverage after usable open space requirements are met. (5) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem are intended for use by the same residential unit. For projects with more than four (4) units, not more than 25% of the required parking spaces shall be in a tandem configuration.

[. . .]

SECTION 5. Section 18.13.055 (General Standards, Exceptions, and Performance Criteria) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is added as follows:

18.13.055 General Standards, Exceptions, and Performance Criteria In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.40 General Standards and Exceptions).

SECTION 6. Section 18.13.060 (Multiple Family Context-Based Design Criteria) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is amended to read as follows:

18.13.060 Multiple Family Context-Based Design Criteria and Objective Design Standards

In addition to the standards for development prescribed above, all Housing Development Projects in the RM districts shall comply with the objective design standards outlined in Chapter

18.24, as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.

(a) Contextual and Compatibility Criteria
Development in a multiple-family residential district shall be responsible to its context and compatible with adjacent development.

[. . .]

SECTION 7. Subsections (a), (b), (f), (i) and (k) of Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) are amended as follows:

Redundant
with

18.52.040,
Table 1

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18.16.060 Development Standards

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

18.76.020.

[…]

(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments and residential developments. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter

18.24. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the context-based design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020
.

Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to
regulations in:
[…]
Minimum
Landscape/Open Space
Coverage
35% 30% 20% 30%
Usable Open Space
(Private and/or Common)
150 sq ft per unit (2) 18.16.090
[…]

[. . .]

(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the Relocated to

18.40.240
below

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city council pursuant to Section 18.76.020.

[. . .]

SECTION 8. Section 18.16.080 (Performance Standards) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended as follows:

18.16.080 General Standards, Exceptions, and Performance Standards

In addition to the standards for development prescribed above, all development in the CN, CS, CC, and CC(2) districts shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.2340 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.2340 of the Zoning Ordinance.

SECTION 9. Section 18.16.090 (Context-Based Design Criteria) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended to read as follows:

18.16.090 Context-Based Design Criteria and Objective Design Standards

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

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

[. . .]

SECTION 10. Subsections (a), (b), and (k) of Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) are amended as follows:

18.18.060 Development Standards

(a) Exclusively Non-Residential Use
Table 2 specifies the development standards for new exclusively non-residential uses and alterations to non-residential uses or structures in the CD district, including the CD-C, CD-S, and CD-N subdistricts. These developments shall be designed and constructed in

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compliance with the following requirements and the context- based design criteria outlined in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:

[. . .]

(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and residential developments. These developments Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet context-based design criteria outlines in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:

TABLE 3

MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS

CD-C

CD-S

CD-N
Subject to regulations in
Section:
[…]
Usable Open
Space (Private
and/or Common)
150 sq ft per unit (1) 18.18.110
[…]

[. . .]

(k) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 16.48.070.

[. . .]

SECTION 11. Subsection (b) (Restrictions on Floor Area Bonuses) of Section 18.18.070 (Floor Area Bonuses) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:

Relocated to

18.40.240
below

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18.18.070 Floor Area Bonuses

[. . .]

(a) Restrictions on Floor Area Bonuses
The floor area bonuses in subsection (a) shall be subject to the following restrictions:
(1) All bonus square footage shall be counted as square footage for the purposes of the 350,000annual square foot limit on office development specified in Section

18.40.210.18.18.040.
(2) All bonus square footage shall be counted as square footage for the purposes of the project size limit specified in Section 18.18.060(a). (3) In no event shall a building expand beyond a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-S or CD-N subdistrict. (4) The bonus shall be allowed on a site only once.
(5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to the analysis standards referenced in Chapter 16.42
of this code.
(6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7).
(7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no bonus shall be granted unless the project includes both seismic and historic rehabilitation conforming to the standards in subsections (5) and (6). (8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a bonus granted under this section that will be used on- site is subject to the following requirements:
(A) The city council must approve on-site use of such a FAR bonus. Such approval is discretionary, and may be granted only upon making both of the following findings:
(i) The exterior modifications for the entire project comply with the U.S.

Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and
(ii) The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site. (B) The applicant for on-site use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for council approval.

[. . .]

SECTION 12. Subsection (f) (Limitations On Usage of Transferable Development Rights) of Section 18.18.080 (Transfer of Development Rights) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:

Acknowledges
that
Comprehensive
Plan eliminated
Downtown cap

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18.18.080 Transfer of Development Rights

[. . .]

(d) Limitations On Usage of Transferable Development Rights No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would:
(1) Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (2) Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (3) Cause the annual development office limitation or project size limitation set forth in Section 18.18.04018.40.210 to be exceeded.
(4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts.

[. . .]

SECTION 13. Section 18.18.100 (Performance Standards) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:

18.18.100 General Standards, Exceptions, and Performance Standards

In addition to the standards for development prescribed above, all development shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.2340 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.2340 of the Zoning Ordinance.

SECTION 14. Section 18.18.110 (Context-Based Design Criteria) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended to read as follows:

18.18.110 Context-Based Design Criterial and Objective Design Standards

In addition to the standards for development prescribed above, all Housing Development Projects in the CD districts shall comply with the objective design standards outlined in Chapter

18.24, as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.

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

[. . .]

SECTION 15. Subsections (a), (i), and (j) of Section 18.20.040 (Site Development Standards) of Chapter 18.20 (Office, Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) are amended as follows:

18.20.040 Site Development Standards

[. . .]

(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Chapter 18.76.

[. . .]

SECTION 16. Section 18.20.050 (Performance Criteria) of Chapter 18.20 (Office, Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) is amended as follows:

18.20.050 General Standards, Exceptions, and Performance Criteria

All development in the Office/Research/Manufacturing zoning districts shall comply with the applicable requirements and guidelines outlined in Chapter 18.2340, including performance criteria. Such requirements and guidelines are intended to reduce the impacts of these non-residential uses on surrounding residential districts and other sensitive receptors.

SECTION 17. Section 18.23.010 (Purpose and Applicability) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety.

SECTION 18. Section 18.23.020 (Refuse Disposal Areas) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.240 (Refuse Disposal Areas) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:

Relocated to

18.40.240
below
Relocated to
apply to all
projects
regardless or
zone, location
or adjacency

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18.40.240 Refuse Disposal Areas

(a) Purpose
Assure that development provides adequate and accessible interior areas or covered exterior enclosures for the storage of refuse in appropriate containers with storage capacity for a maximum of one week, and that refuse disposal structures and enclosures are located as far from abutting residences as is reasonably possible. The following requirements apply to new construction, change of use, additional uses, and/or renovating thirty (30) percent or more existing floor area.

(b) Requirements
(1) Location and Capacity
(A) Capacity shall meet or exceed standards pursuant to Chapter 5.20: Collection, Removal, and Disposal of Refuse and current refuse enclosure regulations identified in the “City of Palo Alto Refuse Enclosure Area Guidelines for New Construction and Redevelopment Projects” and the “Refuse Enclosure Design Guide” maintained by the Public Works Department.
(B) Refuse disposal and structures and enclosures shall be accessible to all residents or users of the property.
(C) Mixed use development shall have separate enclosures for each use classification (example: residential and commercial)
(D) Compostable materials and recyclable materials facilities containers shall be located adjacent to solid waste containers, sized, and designed to encourage and facilitate convenient use.
(E) Refuse enclosures shall be no closer than 20 feet from any dwelling unit (including those on abutting properties). No minimum distance from dwellings is required if containers are located within a fully enclosed utility room. (F) Individual refuse containers may be used to serve residential projects with one or two dwelling units. Shared containers shall service residential projects with three or more units, unless otherwise approved by the Public Works Director or any designee.
(2) Screening and Enclosures
(A) Enclosures shall be design pursuant to the current refuse enclosure regulations found in the “City of Refuse Enclosure Area Guidelines for New Construction and Redevelopment Projects” and “Refuse Enclosure Design Guide” standards maintained by the Public Works Department.
(B) Refuse disposal areas shall be screened from public view by masonry , wood, or other opaque and durable material, and shall be enclosed and or located within a building or covered enclosure.
(C) Enclosures shall have a roof, walls, and be at least 6 feet tall. Enclosures shall include wheel stops or curbs to prevent dumpsters from damaging enclosure walls. (D) Gates or other controlled access shall be provided where feasible. (E) Chain link enclosures are strongly discouraged prohibited.

Relocated
from

18.23.020.

Strikeouts/
underlines
indicate key
changes
from existing
code,
proposed in
collaboration
with Zero
Waste
Division. Text
moves are
not shown.

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(F) Refuse disposal structures and enclosures shall be architecturally compatible with the design of the project.
(G) Notwithstanding, subsections ii and iii above, in lower density residential districts (RE, R-1, R-2, and RMD), containers may be stored under extended eaves at least 3 feet deep, without full enclosures.
(H) The design, construction and accessibility of refuse disposal areas and enclosures shall be subject to approval by the Architectural Review Board, in accordance with design guidelines adopted by that Board and approved by the Council pursuant to Section 18.76.020.

SECTION 19. Section 18.23.030 (Lighting) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:

18.40.250 Lighting

(a) Purpose:

Exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting should aim to:
(1) Minimize the visual impacts of lighting on abutting or nearby residential sites properties and from adjacent roadways.
(2) Exterior lighting in parking areas, pathways and common open space shall be designed to achieve the following: Provide for safe and secure access on a s ite and adjacent pedestrian routes
(3) Achieve maximum energy efficiency and reduce impacts or visual intrusions on abutting or nearby properties from spillover and
(4) Complement the architectural design of the project

(b) Guidelines:
(1) Lighting of the building exterior, parking areas and pedestrian ways should be of the lowest intensity and energy use adequate for its purpose, and be designed to focus illumination downward to avoid excessive illumination above the light fixture. (2) Interior lighting shall be designed to minimize nighttime glow visible from and/or intruding into nearby properties.
(3) Unnecessary continued illumination, such as illuminated signs or back-lit awnings, should be avoided. Internal illumination of signs, where allowed, should be limited to letters and graphic elements, with the surrounding background opaque.

Illumination should be by low intensity lamps.
(4) Timing devices and dimmers should be considered used for exterior and interior lights in order to minimize light glare at night without jeopardizing security of employees and control lighting levels. At the time of project approval, the project applicant must should demonstrate how interior and exterior lighting sources will be reduced after operating hours or when the use of the facility is reduced.

Relocated
from

18.23.030.

Strikeouts/
underlines
indicate key
changes
from existing
code. Text
moves are
not shown.

Relocated to
apply to all
projects
regardless or
zone, location
or adjacency

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(c) Requirements
(1) The use of high pressure sodium and metal halide are permitted light sources. Low pressure sodium is not allowed.
(2) Exterior lighting fixtures shall be mounted less than or equal to 15 feet from grade to top of fixture in low activity or residential parking lots and 20 feet in medium or high activity parking lots.
(3) Levels of exterior illumination for most uses range from 0.5 to 5 footcandles.

Areas of higher or lower levels of illumination should be indicated on project plans. (4) Where the light source is visible from outside the property boundaries on an abutting residential use, such lighting shall not exceed 0.5 foot-candle as measured at the abutting residential property line.
(5) Interior lighting shall be shielded to eliminate glare and light spillover beyond the perimeter property line of the development.
(6) Light fixtures shall not be located next to driveways or intersections, which obstruct be located at least 3 feet from curbs and 10 feet from driveways or intersections, to avoid obstructing clear sight distance triangles.
(7) Pedestrian and security lighting fixtures shall be fully shielded shall be directed downward. Architectural lighting that projects upward from the ground as used in landscaping, courtyards, or building accent should be directed onto the building face so as not to affect abutting land uses .
(8) Non-residential projects, adjacent to residential zoning districts or residential uses, shall use timing devices, dimmers, and/or window shades with timers in order to minimize light glare at night and control lighting levels from exterior and interior lights.

SECTION 20. Section 18.23.040 (Late Night Uses and Activities) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.42.040 (Lighting) of Chapter

18.42 (Standards for Special Uses) of Title 18 (Zoning) is added as follows:

18.42.040 Late Night Uses and Activities

(A) Purpose
The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up.
(B) Requirements
(i) Retail (including restaurants) or service commercial businesses abutting or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, that are open or with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential Relocated to
apply to all
projects
regardless or
zone, location
or adjacency
Shown as
new code
text, but
relocated
from

18.23.080
(Vehicular,
Pedestrian,
and Bicycle
Site) to
consolidate
standards for
late night
uses

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properties from excessive noise, odors, lighting or other nuisances from any sources during those hours.
(ii) Where planning or building permits are required or for a change in use that results in any such commercial business in the CN or CS zone districts, operating or with activities between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall be obtained and conditions of approval shall be applied as deemed necessary to ensure the operation is compatible with the abutting (or within 50 feet of) residential property. Said use permit shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m.

(iii) Truck deliveries shall not occur before 6:00 a.m. or after 10:00 p.m., except pursuant to the provisions of a conditional use permit.

SECTION 21. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.260 (Visual Screening and Landscaping) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:

18.40.260 Visual Screening and Landscaping

(a) Purpose
Utilities, mechanical equipment, service areas, and other site fixtures should be:
(1) Integrated into the site planning and architectural design of a project and surrounding uses
(2) Visually screened from public view and from adjacent properties through architectural design, landscaping and screening devices Privacy of abutting residential properties or properties with existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate.

(b) Requirements
(1) For non-residential properties abutting residential uses:
(i) A solid wall or fence between five and eight feet in height shall be constructed and maintained along the residential property line where privacy or visual impacts are an issue.
(ii) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk. (iii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers.
(iv)
All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscape d screen. (2) For all project types:

Relocated from

18.23.050.

Strikeouts/
underlines
indicate key
changes from
existing code.

Text moves are
not shown.

Relocated to
apply to all
projects
regardless or
zone, location
or adjacency

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(i) All areas not covered by structures, service yards, walkways, driveways, and parking spaces shall be landscaped with ground cover, shrubs, and/or trees. (ii) Rooftop equipment shall be screened by a parapet or enclosure. Rooftop equipment or rooftop equipment enclosures shall not extend above a height of 15 feet above the roof, and any enclosed rooftop equipment nearest residential property shall be set back at least 20 feet from the building edge closest to the residential property or a minimum of 100 feet from the property line, whichever is closer. Roof vents, flues and other protrusions through the roof of any building or structure shall be obscured from ground- level public view (when viewed from the sidewalk on the opposite side of a street), by a roof screen or proper placement. See Section 18.40.090 (height limit exceptions) for further restrictions.
(iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R -1, R-2, or RMD) or abutting railroad tracks .
(iv) All exterior mechanical and other types of equipment, whether installed on the ground or attached to a building roof or walls, shall be screened obscured from public view, and if visible and feasible when viewed from the abutting opposite sidewalk.
(v) Windows, balconies or similar openings above the first story should be offset so as not to have a direct line-of-sight into the interior living areas of adjacent units within the project or into units on abutting residential property.

(c) Guidelines
(1) For landscape buffers to provide a visual screen, trees and shrubs in the buffer area shall be installed in a manner that provides maximum visual separation of residential uses from the commercial or industrial use, taking into consideration topography and sight lines from residences.
(2) Size and density of plant materials shall be in proportion to the size of planting areas and the mass of the structure.
(3) Plant material selection shall take into consideration solar orientation, drought tolerance, maintenance requirements and privacy screening. (4) Plant material species and container sizes shall allow for a mature appearance within five years.
(5) Roof vents, flues and other protrusions through the roof of any building or structure should be clustered where feasible and where visual impacts would thereby be minimized.
(6) Building elevations facing residential property should not have highly reflective surfaces, such as reflective metal skin and highly reflective glazing. The paint colors should be in subdued hues.
(7) Increased setbacks or more restrictive daylight planes may be proposed by the applicant, or recommended by the architectural review board, as mitigation for the visual impacts of massive buildings.
(8) Appropriate landscaping should be used to aid in privacy screening.

Redundant w/

18.40.090:

Height
Exceptions

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(9) Planting strips and street trees should be included in the project. (10) Textured and permeable paving materials should be used, where feasible, in pedestrian, driveway and parking areas in order to visually reduce paved areas and to allow for retention and/or infiltration of storm water to reduce pollutants in site runoff.
(11) Landscaping material associated with screening should have adequate room to grow and be protected from damage by cars and pedestrian traffic. (12) Where rooftops are visible from offsite, they should be treated to minimize aesthetic impacts, including the use of rooftop gardens or other green spaces, where feasible.

SECTION 22. Section 18.23.060 (Noise and Vibration) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.42.190 (Noise and Vibration) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).

SECTION 23. Sections 18.23.070 (Parking) and 18.23.080 (Vehicular, Pedestrian, and Bicycle Site) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) are deleted in their entirety.

SECTION 24. Section 18.23.090 (Air Quality) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.40.270 (Air Quality) of Chapter

18.42 (Standards for Special Uses) of Title 18 (Zoning).

SECTION 25. Section 18.23.100 (Hazardous Materials) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.42.200 (Hazardous Materials) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).

SECTION 26. Subchapter 18.30(J) (Affordable Housing (AH) Combining District Regulations) of Chapter 18.30 (Combining Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.32 (Affordable Housing Bonus Incentive Program) is created to read as follows:

Sections:

18.32.010 Specific Purpose

18.32.020 Applicability of Regulations and Affordable Housing Requirement

18.32.030 Definitions

18.32.040 Zoning Map Designation Reserved

18.32.050 Site Development Review Process

18.32.060 Conformance to Other Combining Districts and Retail Preservation

18.32.070 Permitted Uses

18.32.080 Conditional Uses

18.32.090 Development Standards
Added to 18.52
and 18.54 below
to consolidate
parking and
access standards
Relocated w/o
changes to
apply to all
projects
regardless or
zone, location
or adjacency
Relocated w/o
changes to
apply to all
projects
regardless or
zone, location
or adjacency

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18.32.010 Specific Purpose

The affordable housing combining district incentive program is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, by providing flexible development standards and modifying the uses allowed in the commercial districts and subdistricts.

18.32.20 Applicability of Regulations and Affordable Housing Requirement

The affordable housing incentive program combining district may be combined with the shall apply to properties zoned CD, CN, CS, and CC districts, set forth in Chapters 18.16 and 18.18 of this Title, in accord with Chapter 18.08 and Chapter 18.80, but excluding the Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center. Where so combined, t The regulations established by this chapter shall apply for 100% affordable housing projects in lieu of the uses allowed and development standards and procedures applied in the underlying district. A property owner may elect to use the site consistent with the underlying district, in which case the applicable regulations in Chapters 18.16 and 18.18 for the commercial districts shall apply. The Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center shall not be considered eligible for the application of the affordable housing combining district. (a) The affordable housing combining district incentive program provides flexibility in development standards that allow for a density increase that would in most cases exceed density bonuses under state law, Government Code Section 65915. Therefore, a project applicant may utilize the affordable housing combining district incentive program and the provisions of this chapter as an alternative to use of the state density bonus law implemented through Chapter 18.15 (Residential Density Bonus) of this Title, but may not utilize both the affordable housing combining district incentive program and density bonuses. If an applicant utilizes state density bonus law, the regulations in Chapters 18.16 or

18.18 for the applicable underlying commercial district shall apply.

18.32.030 Definitions

For purposes of this chapter, the following definitions shall apply. (a) "100% affordable housing project" means a multiple-family housing project consisting entirely of for-rent affordable units, as defined in Section 16.65.020 of this code, , except for a building manager's unit, and available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65.

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18.32.040 Zoning Map Designation Reserved

The affordable housing combining district shall apply to properties designated on the zoning map by the symbol "AH" within parentheses, following the commercial designation with which it is combined.

18.32.050 Site Development Review Process

All projects shall be subject to architectural review as provided in Section 18.76.020.

Projects and shall not be subject to the requirements of site and design review in Chapter

18.30(G).

18.32.060 Conformance to Other Combining Districts and Retail Preservation

The following requirements shall apply to projects in the AH affordable housing combining district incentive program:
(a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply. (b) Where applicable, the retail preservation requirements of Section 18.40.180 shall apply except as provided below.
(1) Waivers and adjustments
a. Except in the R or GF combining districts, the City Council shall have the authority to reduce or waive the amount of retail or retail like gross floor area required in Section

18.40.180 for any 100% affordable housing project if the City Council determines that it would be in the public interest. Any such reduction or waiver shall not be subject to the waiver and adjustments requirements in Section 18.40.180(c). In the R and GF combining districts, any reduction or waiver in retail or retail like gross floor area shall remain subject to the requirements of Section 18.40.180(c) or the combining district as applicable.

b. The City Council shall have the authority to modify retail parking requirements associated with a 100% affordable housing project that also requires ground floor retail.

18.32.070 Permitted Uses

The following uses shall be permitted in the AH affordable housing combining district incentive program:
(a) 100% affordable housing projects;
(b) In conjunction with a 100% affordable housing project, any uses permitted in the underlying district, provided the uses are limited to the ground floor.

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18.32.080 Conditional Uses

The following uses may be permitted in the AH affordable housing combining district incentive program in conjunction with an 100% affordable housing project, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals), provided that the uses are limited to the ground floor:
(a) Business or trade school.
(b) Adult day care home.
(c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit organization.
(d) All other uses conditionally permitted in the applicable underlying zoning district.

18.32.090 Development Standards

The following development standards shall apply to projects subject to the AH affordable housing combining district incentive program in lieu of the development standards for the underlying zoning district, except where noted below:

Table 1
Development Standards
AH Incentive Program Combining District(1)
[…]
Landscape/Open
Space Coverage
20%(2)
[…]
Notes:
(1) These developments shall be designed and constructed in compliance with the objective design standards in Section 18.24. Developments that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the performance criteria outlined in Chapter

18.23, as well as the context-based design criteria outlined in Section 18.13.060 for residential-only projects, Section 18.16.090 for mixed use projects in the CN, CC, and CS districts, and Section 18.18.110 for mixed use projects in the CD district, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020. (2) Landscape coverage is the total area of the site covered with landscaping as defined in Chapter 18.04. For the purposes of this Chapter 18.3230(J), areas provided for usable open space may be counted towards the landscape site coverage requirement. Landscape and open space areas may be located on or above the ground level, and may include balconies, terraces, and rooftop gardens.
[…]

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SECTION 27. Section 18.30(K).070 (Development Standards) of Subchapter 18.30(K) (Workforce Housing (WH) Combining District Regulations) of Chapter 18.30 (Combining Districts) of Title 18 (Zoning) is amended to read as follows:

18.30(K).070 Development Standards

[…]

(b) Housing Development Projects shall be subject to objective design standards in Section

18.24. Non-Housing Development Projects and Housing Development projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the performance criteria outlined in Chapter 18.23, as well as the context-based design criteria outlined in Section 18.13.090 for residential projects, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director, pursuant to Section 18.76.020.

SECTION 28. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) is amended as follows:

18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations

(a) Properties in the PTOD combining district are subject to the following regulations:

TABLE 2

DEVELOPMENT STANDARDS

Standards1

PTOD - California Avenue
PTOD -
Downtown [Reserved]
[…]
Open Space:

Minimum area required
(Private or Common)
5 or fewer units: 200 sisf. per unit 6 or
more units: 100 s.f. per unit, subject to
Section 18.24.040

Minimum dimensions Private open space: 6 feet Common open space: 12 feet

[…]
Relocated to new

18.24.080(b)

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Footnotes:
(1) Non-residential development that is not consistent with the mixed-use limitations set forth above, with the exception of hotels, must be developed per the underlying zoning district regulations.
(2) See Section 18.34.040 (e) for Below Market Rate (BMR) bonus provisions. (3) The residential component of the mixed use may not exceed 1.0:1. (4) The non-residential component of a mixed use project shall not exceed 50% of the total square-footage of the project.

[…]

SECTION 29. Section 18.34.050 (Pedestrian and Transit Oriented Development (PTOD) Combining District Context-Based Design Criteria) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) is amended to read as follows:

18.34.110 Pedestrian and Transit Oriented Development (PTOD) Combining District Context-Based Design Criteria and Objective Design Standards

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

(a) Contextual and Compatibility Criteria
Development in a pedestrian and transit oriented development combining district shall be responsive to its context and compatible with adjacent development, and shall promote the establishment of a pedestrian and transit oriented neighborhood.

[. . .]

SECTION 30. Section 18.40.130 (Landscaping) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is amended as follows:

18.40.130 Landscaping

(a) Purpose
The purpose of this section is to encourage creative and sustainable landscape design that enhances structures, open space areas, streetscapes and parking areas. Sustainable landscape design preserves native plant species to the maximum extent feasible, consumes less water and provides permeable surfaces for storm water management and

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groundwater recharge. Tree shading and appropriate landscape design can contribute to economic vitality and public health, and can reduce the need for frequent infrastructure repair.

Landscaping provides recreation areas, cleans the air and water, prevents erosion, offers fire protection, replaces ecosystems displaced by development, and is water efficient.

(b) General Regulations
In addition to the provisions of this section, all projects shall adhere to the landscape requirements cited elsewhere in Title 18 (Zoning Ordinance), including but not limited to:
(1) Design Standards - General Parking Facilities (Section 18.54.020). (2) Design Standards - Landscaping in Parking Facilities and Required Landscape Areas (Section 18.54.040).
(3) Architectural Review Findings (Section 18.76.020).

(c) Natural Areas (Open Space District, Hillside Lands, Baylands, Creek and Riparian Areas) Landscaping should retain or enhance native vegetation in hillside, baylands or other natural open spaces areas or adjacent to such areas. The existing natural vegetation and land formations should remain in a natural state unless modification is found to be necessary or appropriate for a specific use allowed through architectural or site design review.
(1) In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials. Non-indigenous landscaping should be limited to the immediate area around a structure or structures. (2) Site development plans shall, to the maximum extent feasible, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the grading and subdivision ordinances of the city.
(3) Landscaping shall, to the maximum extent feasible, integrate and accommodate existing trees and vegetation to be preserved; make use of water- conserving plants, materials and irrigation systems; and be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (4) Colors of roofing materials shall blend with the natural landscape and be nonreflective. All roof mounted equipment shall be screened in a manner that protects the viewshed from adjacent properties, including from views from above. (5) Planting of invasive plant species shall not be permitted and removal of invasive species may be required as part of landscape plan requirements. (6) To the maximum extent feasible, existing vegetation shall be retained or enhanced to maintain contiguous wildlife habitat.
(7) Riparian vegetation shall be retained or enhanced within natural stream corridors, and best practices for development shall be used to protect riparian habitat and water quality of adjacent streams.

(d) Low-Density Residential Landscaping Design Standards (1) In the R-1, R-2, and RMD zones, a minimum of 50% of the required front

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setback area shall be landscaped, subject to the limitations of Section 18.12.040(h).

Planting in the right-of-way shall not count towards fulfillment of the required landscape area.
(2) Street trees may be required to be planted in the right-of-way frontage of any residential structure subject to individual review for a new second story or addition to a second story, or for other discretionary review in the R-1, R-2, or RMD zones. (3) Trees planted near public bicycle trails or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements.
(4) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines (a minimum of five feet from water lines and ten feet from sanitary sewer lines) and traffic safety visibility areas.
(5) All proposed light wells and below-grade basements shall be screened to minimize visibility from public rights-of-way or other public properties.

(e) Special Design and Landscaping Standards for All Zoning Districts Requirements:
(1) Utilities (e.g., transformer cabinets, pads, fiber optic trenching and above ground cabinets, large water check valves) and underground utilities shall not be placed within required landscaped areas, except where they will not preclude appropriate planting of trees and will be predominantly screened from public view. (2) All landscaping within multi-family, commercial, and industrial zoning districts shall be equipped with automatic irrigation systems. Backflow preventers shall be located in the rear or side yard and screened from public view by landscaping. If backflow preventers must be located in the front yard for access purposes, they should be located near the main structure to the maximum extent feasible, and shall be predominantly screened from public view.
(3) For all development within commercial and industrial zoning districts, lawn areas shall not exceed 15 percent of the planting area on a property. Required common areas, active recreation areas, and areas located within the public right-of-way between the curb and public sidewalk shall not count against such lawn area. (4) Landscaping within surface parking areas shall include tree plantings designed to result in 50 percent shading of parking lot surface areas within 15 years. (4) (5) All required perimeter yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials. The director may, however, allow a combination of hardscape and landscape to satisfy landscape requirements where the visual quality and screening functions of the hardscape/landscape area are maintained.

Landscape buffering and screening shall be designed to create compatible relationships of scale and appearance with neighboring properties.
(5) (6) Plant material shall be maintained in a healthy, disease-free, growing condition at all times. All required planting areas shall be maintained free of weeds, debris, and litter. The planning director may specify conditions of approval to assure that dead or diseased plantings are replaced in a timely manner and with adequate Redundant
with

18.54.040(d)
Landscaping
of Parking
Areas

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replacement plantings.

(f) Guidelines:
(1) Rooftop gardens, edible gardens, and other sustainable agricultural landscaping alternatives are encou raged for multi-family, commercial, industrial, and multi-family developments. See supplementary standards in Chapter 18.40.230:

Rooftop Gardens. Rooftop gardens are particularly encouraged where the rooftop is highly visible from neighboring properties.
(2) Structural soils, as specified by the director of planning and community environment, shall be preferred where planting in compacted soil areas, such as parking lots and sidewalks.
(3) Landscape swales, permeable pervious paving and other landscape features should be incorporated into site design to the maximum extent feasible to accommodate filtration of storm water runoff from impervious areas, particularly from parking lots.
(4) All projects requiring discretionary review within the multi-family, commercial, or industrial zoning districts should, where feasible, pursuant to Section

16.12: Recycled Water, and include the following:
(a) Incorporation of recycled water usage into the design of landscape and irrigation systems.
(b) Consideration of plants suitable for irrigation with recycled water. (c) The installation of the infrastructure necessary to connect the irrigation system to the city's recycled water supply, if available in the foreseeable future. (5) The director may allow a combination of hardscape and landscape to satisfy landscape requirements where permeable surface materials are used and where the visual quality and screening functions of the hardscape/landscape area are maintained, as specified in the conditions of approval.

SECTION 31. Subdivision (d) of Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is amended as follows:

18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements

[. . .]

(d) Residential and mixed use structures with fifty (50) or more dwelling units shall provide at least one (1) on-site, short-term loading space for passenger vehicles, to be used by taxicabs and similar transportation and delivery services.

SECTION 32. Section 18.54.015 (Definitions) of Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is added as follows:

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18.54.015 Definitions

The definitions provided in Section 18.52.020 shall apply to this Chapter 18.54.

SECTION 33. Subsection (c) of Section 18.54.070 (Parking Tables and Figures) of Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:

[. . .]

(c) Off-Site Parking
Parking required by this chapter may be provided by off-site parking, provided that such off- site parking is within 500 feet a reasonable distance of the site using it or, if the site is within an assessment district, within a reasonable distance of the assessment district boundary and approved in writing by the director of planning and community environment. The director shall assure that sufficient covenants and guarantees are provided to ensure use and maintenance of such parking facilities, including an enforceable agreement that any development occurring on the site where parking is provided shall not result in a net reduction of parking spaces provided, considering both the parking previously provided and the parking required by the proposed use.

[. . .]

SECTION 34. Subdivisions (a) and (b) of Section 18.54.020 (Vehicle Parking Facilities) of Chapter

18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:

18.54.020 Vehicle Parking Facilities

(a) Parking Facility Design
Parking facilities shall be designed in accordance with the following regulations:
(1) Requirements for dimensions of parking facilities at, above, and below grade are contained in this section and in Figures 1-6 and Tables 3-6 of Section 18.54.070 .
(2) Stalls and aisles shall be designed such that columns, walls, or other obstructions do not interfere with normal vehicle parking maneuvers. All required stall and aisle widths shall be designed to be clear of such obstructions.
(3) The required stall widths shown in Table 3 of Section 18.54.070 shall be increased
by 0.5 foot for any stall located immediately adjacent to a wall, whether on one or both sides. The director may require that the required stall widths be increased by 0.5 foot for any stall located immediately adjacent to a post, where such post limits turning movements into or out of the stall.
(4) For property owners or tenants seeking to install EVSE, the required stall widths shown in Table 3 of Section 18.54.070 may be reduced by no more than eighteen inches below the code required minimum dimensions in order to accommodate EVSE or associated electrical utility equipment. This reduction may be applied to 10% of the total required parking stalls, or two stalls, whichever is greater. The director may approve a reduction in

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width for a greater number of stalls through a director’s adjustment pursuant to Section 18.52.050.
(5) Dead-end aisles shall be avoided to the greatest extent feasible. (6) Except for at-grade parking facilities serving a maximum of two dwelling units, all parking facilities shall be set back a sufficient distance from the street so that vehicles need not back out into or over a public street (not including an alley) or sidewalk. (7) Surface parking areas shall be located so that garages or carports are not predominantly facing the street; parking locations behind the building(s) are preferable. (8) Carport structures shall be architecturally compatible with the main structures in the project and should utilize substantial support posts. Landscaping material associated with the carport shall have adequate room to grow and be protected from damage by cars and pedestrian traffic.
(9) Except for single-family uses, parking should be underground, semi-depressed, enclosed or concealed for all projects to the extent feasible. (10) Where feasible, parking shall be broken into smaller groupings of spaces to avoid large expanses of parking and to provide for more opportunities to intercept and filter drainage from the parking areas.
(11) Proximity of underground parking garages to residentially zoned properties should take into consideration the need for landscaping along the perimeter of the site. In instances where substantial planting is necessary, the placement of parking garages should be adequately setback from the property line to provide for the landscaping.

(b) Off-Street Parking Stalls
(1) Each off-street parking stall shall consist of a rectangular area not less than eight and one-half (8.5) feet wide by seventeen and one-half (17.5) feet long (uni-class stall), or as otherwise prescribed for angled parking by Table 1 in Section 18.54.070. (2) Garages and carports for single-family and two-family development shall provide a minimum interior clearance of ten (10) feet wide by twenty (20) feet long for a single car and a minimum of twenty (20) feet wide by twenty (20) feet long for two cars to allow sufficient clearance.
(3) Dimensions of parking stalls for parallel parking shall be as follows. The minimum dimensions of such a stall located adjacent to a wall shall be ten feet wide and twenty feet long. The minimum dimensions of such a stall located adjacent to a curb with a minimum two-foot clearance to a wall shall be eight feet wide and twenty feet long. These required stall widths are in addition to the required width of the access driveway or aisle. (4) Mechanical lifts may be used to satisfy off-street parking requirements, subject to approval by the director or city council, as applicable, and in accordance with the following provisions:

A. The regulations in this section apply to mechanical lifts, elevators and turn- around devices specified for vehicle use, and other mechanical devices that facilitate vehicle parking;
B. Mechanical vehicle lifts may be used for multi-family residential, office, hotel, automotive, industrial or institutional uses. Other uses may use mechanical vehicle lifts subject to approval from the Director of Planning and Community Shown as
new code
text, but
relocated
almost
verbatim
from

18.23.070
(Parking) to
consolidate
all parking
design in one
place

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Development and may be required to provide dedicated on-site valet assistance for no fee to the user.

C. The location of mechanical lifts shall be located within an enclosed parking facility. All lifts and associated equipment shall be screened from public views and the screening shall be architecturally compatible with the site conditions; D. Applicant shall submit an analysis and report, prepared by a qualified professional, for review and approval by the Director of Planning and Community Environment that demonstrates the effectiveness of the proposed parking lift system; operational details; schematic or technical drawings; regular and emergency maintenance schedule, procedures and backup systems; vehicle queuing, access and retrieval efficiency; and potential impacts, delays, or inconveniences to all of the following:
i. site residents, workers, and visitors
ii. pedestrian and bicycle movement and safety on and nearby the site iii. vehicular movement and safety on and nearby the site E. Mechanical car lifts shall not be used for accessible parking spaces or loading spaces;
F. Mechanical car lifts shall accommodate mid-size sport utility vehicles and full-size cars.

G. For all non-residential uses, a minimum of two spaces or 10% of the total number of parking spaces provided, whichever is greater, shall be provided as standard non-mechanical parking spaces. The required accessible spaces shall not be counted as one of the standard spaces for this requirement;
H. Additional information, reports and analysis may be required and conditions may be imposed to ensure the use, operation and function of the lift system is not detrimental to the public welfare, property, land uses and users of the property, other properties, or the public right of way, in the general vicinity.

I. Lift design must allow for removal of any single vehicle without necessitating the temporary removal of any other vehicle
J. The Director shall have authority to adopt regulations to implement this provision. (5) Each off-street motorcycle parking stall shall consist of a rectangular area not less than five feet wide by ten feet long, as illustrated in Figure 7 of Section 18.54.070.

[. . .]

SECTION 35. Subdivision (c) of Section 18.54.050 (Miscellaneous Design Standards) of Chapter

18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:

18.54.050 Miscellaneous Design Standards

[. . .]

(c) Additional Parking Facility Design Requirements

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(1) Site design shall assure that connections to adjacent existing or planned bicycle or pedestrian facilities (sidewalks, bike paths or lanes, etc.) allow for ready access for residents and other users of the site.
(2) The location of driveways, shipping and receiving areas, and loading docks should be sited as far away from residentially zoned properties or properties with existing residential uses located within nonresidential zones as is reasonably feasible while recognizing site constraints and traffic safety issues. (3) Employee ingress and egress to a site should be located to avoid the use of residential streets wherever feasible.
(4) Late hour and early morning truck traffic to a site located in or near a residential area should be discouraged.
(5) Vehicular access points should not conflict with pedestrian and bicycle walkways and facilities.
(6) Pedestrian and bicycle facilities (sidewalks, bike paths, etc.) should, where feasible, be provided through sites to provide connections to other pedestrian and bicycle routes and to allow for safe access to schools, recreation facilities and services. (7) Additional requirements for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by the director when deemed appropriate.

[. . .]

SECTION 36. Subsection (b) of Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) is amended as follows:

18.76.020 Architectural Review

[. . .]

(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 to the extent such projects comply with all objective standards in this code and thereby qualify for streamlining Shown as
new code
text, but
relocated
almost
verbatim
from

18.23.080
(Vehicular,
Pedestrian,
and Bicycle
Site) to
consolidate
all access
design in one
place

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under Government Code sections 65589.5, 65913.4, or 65905.5. Such projects shall be subject to the process set forth in Section 18.77.073.
(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;

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(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.

[. . .]

SECTION 37. Section 18.77.073 (Housing Development Project Review Process) of Chapter

18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) is added as follows:

18.77.073 Streamlined Housing Development Project Review Process

(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 objective standards in this code and thereby qualify for streamlining under Government Code sections 65589.5 or 65905.5.

(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 7 days prior to the meeting by mailing to the applicant and all residents and owners of property

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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 10 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

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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.

SECTION 38. As used in this ordinance, new text is underlined, deletions are struck-through, and omissions are noted with [. . .] for large sections of unchanged text.

SECTION 39. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 40. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 41. The Council finds that the Ordinance is within the scope of and in furtherance of the Comprehensive Plan 2030 which was evaluated in that certain Final Environmental Impact Report certified and for which findings were adopted by Council Resolution Nos. 9720 and 9721 on November 13, 2017, all in accordance with the California Environmental Quality Act. The Ordinance does not propose to increase development beyond what was analyzed in the Comprehensive Plan. Pursuant to Section 15168 of the State CEQA Guidelines, the City has determined that no new effects would occur from and no new mitigation measures would be required for the adoption of this Ordinance.

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*NOT YET ADOPTED*
37 0160074_20220505_ay16
SECTION 42. This ordinance shall be effective on the thirty-first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning & Development
Services

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1 City of Palo Alto
Objective Design Standards Project
Crosswalk Matrix of Existing and Proposed Design Regulations April 15, 2022

This document compares existing context-based design criteria and the standards and contextual design criteria proposed to replace them, for “housing development projects.” The context-based design criteria are organized by zoning district, with the existing criteria in the left-hand column and the proposed standard or contextual design criteria in the right-hand column. • Blue italics indicate staff comments, which identify redundancies, proposed deletions, and elements addressed in other sections of the code. • Green text indicates contextual design criteria, which convey contextual design priorities and clarify the intent of design standards. • Draft standards are shown in normal black text
• Revisions to standards/contextual design criteria compared to the version reviewed by the City Council on November 8, 2021 are shown in underline/strikeout format.

RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (1) Massing and Building Facades
Massing and building facades shall be
designed to create a residential scale in
keeping with Palo Alto neighborhoods,
and to provide a relationship with
street(s) through elements such as:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. Articulation, setbacks, and materials
that minimize massing, break down the
scale of buildings, and provide visual
interest (Figure 1-1);

18.24.050(a)(1): Break down large building facades and massing to create a human-scaled building that enhances the context of the site

18.24.050(a)(2): Are consistent in scale, mass and character to adjacent land uses and land use designations

18.24.050(b)(2)
When a building abuts a side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade by… (B) A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length.

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2 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria

18.24.050(b)(3) Maximum Façade Length
For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection. (A) Buildings 250 feet in length or greater, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.

Also see new standards/menu options for massing and articulation in

18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services

Also see materials standards in 18.24.090 Materials
B. Rooflines that emphasize and
accentuate significant elements of the
building such as entries, bays, and
balconies (Figure 1-1);

18.24.050(a)(4): Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.

18.24.060(c)(4) Building Entries Within Façade Design
(A) (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet. (B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

Also see new standards/menu options for massing and articulation in:

18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services [Choice in menu of options]
C. Placement and orientation of
doorways, windows, and landscape

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

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3 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria elements to create a relationship with the
street (Figure 1-1)

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.040 Building Orientation and Setbacks
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

18.24.060(c)(4) Building Entries Within Façade Design
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.

18.24.060(c)(5) Storefront/Retail Ground Floors
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.

18.24.060(c)(6) Other Non-residential Ground Floors
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.

D. Facades that include projecting
eaves and overhangs, porches, and
other architectural elements that provide
human scale and help break up building
mass (Figure 1-1)

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

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4 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth.
(ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material; (iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth; (v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or (vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.

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

18.24.070(a) Residential Entries Intent Statement Contextual Design Criteria Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy

See new standards in 18.24.070(b) Residential Entries for specific entry types (i.e., stoops, porches, patios, terraces, frontage courts), dimensional requirements and the minimum and maximum number of units per entry. For example:

18.24.070(b)(B) Residential Entries - Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and (iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

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5 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria

18.24.060(b) Façade Design
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
F. Residential units that have a
presence on the street and are not
walled-off or oriented exclusively inward;

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.

18.24.040(b) Building Orientation and Setbacks
(3) Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

G. Elements that signal habitation such
as entrances, stairs, porches, bays and
balconies that are visible to people on
the street (Figure 1-2);
H. All exposed sides of a building
designed with the same level of care and
integrity (Figure 1-2).

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(2) Quality of construction, craftsmanship, and design to create long lasting buildings

18.24.060(b) Façade Design Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design.
(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible from a right-of-way, are exempt.

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6 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from a right-of-way, shall continue color, material, and pattern of the main façade. (2) Low-Density Residential Transitions
Where new projects are built abutting
existing lower-scale residential
development, care shall be taken to
respect the scale and privacy of
neighboring properties through:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (5) Provide harmonious transitions between adjacent abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
A. Transitions of development intensity
from higher density development building
types to building types that are
compatible with the lower intensity
surrounding uses, such as small-lot units
and rowhouses (Figure 2-1);

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7 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

18.24.050(b)(2)(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

18.24.050(b)(2)(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

Also see setbacks and daylight plane standards in district regulations’ development standards tables.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length.

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8 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables.

C. Respecting privacy of neighboring
structures, with windows and upper floor
balconies positioned so they minimize
views into neighboring properties (Figure
2-3);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.050(b)(2)(C) Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

18.24.050(b)(2)(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(v) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (vi) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (vii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (viii) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

18.24.050(b)(2)(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(iv) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (v) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (vi) Provide balcony/deck design measure which may include:
d) Minimum 85% opaque railing
e) Obscure glass railing

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9 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria f) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

18.24.080(b)(1)(D): Balconies shall not be located within the daylight plane D. Minimizing sight lines into and from
neighboring properties (Figure 2-3);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

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10 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria E. Limiting sun and shade impacts on
abutting properties; and

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria ...Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development.
(7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.

See setbacks and daylight plane standards in district regulations’ development standards tables.

No new sun access or shade impact standards are proposed.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria…
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.

18.24.020(b) Public Realm/Sidewalk Character
(1) Sidewalk Widths
(B) Publicly accessible sidewalks or walkways, with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width. (C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.
(3) Project Open Space
Private and public open space shall be
provided so that it is usable for the
residents and visitors of a site.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (4) Promote public health

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11 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street A. The type and design of the usable
private open space shall be appropriate
to the character of the building(s), and
shall consider dimensions, solar access,
wind protection, views, and privacy;

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter. (B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements: … (i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area
(ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)
B. Open space should be sited and
designed to accommodate different
activities, groups, active and passive
uses, and should be located convenient
to the residents.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

18.24.080(b)(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(C) Be accessed directly from a residential unit

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:

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12 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 (E) Include places to sit
(F) A minimum 20% of landscaping
C. Common open spaces should
connect to the pedestrian pathways and
existing natural amenities of the site and
its surroundings (Figure 3-1);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria … Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (3) Provide landscape elements that will support the health of the plants and enhance the character of place

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. (F) A minimum 20% of landscaping
D. Usable open space may be any
combination of private and common
spaces;
Removed. Inconsistent with development standards in Chapter 18.13.040(e) and Table 2, Chapter 18.13, which details distinct requirements and options for private and common open space.

E. Open space should be located to
activate the street facade and increase
"eyes on the street" when possible
(Figure 3-2);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (7) Promote community safety through eyes on the street

18.24.040(b)(2)(B): An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining (iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% transparent. [Choice in menu of options] F. Usable open space does not need to
be located on the ground and may be
located in porches, decks, balconies
and/or podiums (Figure 3-3);
Removed. Redundant with definition of usable open space in Chapter 18.04.030(124).

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13 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria G. Both private and common open
space areas should be buffered from
noise where feasible through
landscaping and building placement;
Redundant with guideline in Chapter 18.13.040(e).

Also see noise standards in Section 9.10.030(a).

Also see existing noise standards for rooftop open spaces in 18.40.230: Rooftop Gardens.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses

18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) ...ground floor patios shall meet the following minimum requirements... (iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)

18.24.080(b)(2) If Common Open Space is provided, it shall meet the following standards... (A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (C) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 H. Open space situated over a
structural slab/podium or on a rooftop
shall have a combination of landscaping
and high quality paving materials,
including elements such as planters,
mature trees, and use of textured and/or
colored paved surfaces (Figure 3-3); and

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b) (2) Common Open Space
(2) If Common Open Space is provided, it shall meet the following standards:
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

I. Parking may not be counted as open
space.

Removed. Redundant with definition of usable open space in Chapter 18.04.030(124).

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14 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (4) Parking Design
Parking needs shall be accommodated
but shall not be allowed to overwhelm
the character of the project or detract
from the pedestrian environment, such
that:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (B) Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.

18.24.030(b)(4) Loading Docks and Service Areas.

Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades other than the primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened in accordance with Chapter 18.23.050. (B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter

18.23.050 and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet)
A. Parking is located behind buildings,
below grade or, where those options are
not feasible, screened by landscaping,
low walls, garages and carports, etc.;
B. Structured parking is fronted or
wrapped with habitable uses when
possible (Figure 4-1);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7)(B): Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet.

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15 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria C. Parking that is semi-depressed is
screened with architectural elements that
enhance the streetscape such as stoops,
balcony overhangs, and/or art (Figure 4-
2);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade parking.

D. Landscaping such as trees, shrubs,
vines, or groundcover is incorporated
into surface parking lots (Figure 4-2);
Removed. Redundant with landscaping standards and guidelines in Chapter 18.54.040: Landscaping of Parking Areas
E. For properties with parking access
from the rear of the site (such as a rear
alley or driveway) landscaping shall
provide a visual buffer between vehicle
circulation areas and abutting properties
(Figure 4-3);
Removed. Redundant with standards and guidelines in Chapter 18.54.040(f): Landscaping of Parking Areas (Landscape Screens) and Chapter 18.23.050: Visual, Screening and Landscaping (proposed to be modified to be broadly applicable and relocated to Chapter 18.40.260). For Example:

18.54.040(f) Landscaping of Parking Areas [Existing Code Section] (a) Perimeter Landscaping: Each unenclosed parking facility shall provide a perimeter landscaped strip at least five feet wide between and adjacent to a line defining the exterior boundary of the parking area and the nearest adjacent property line, not separated by a building. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required, and shall be continuous except for required access to the site or to the parking facility. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature. Where the parking facility adjoins another site, a fence, wall, or other equivalent screening feature may be required.

See draft standards for Chapter 18.40.260(b) Visual Screening and Landscaping (1) For non-residential properties abutting residential uses:
(ii) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk.
(iii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers.
(iv) All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen.
(2) For all project types:
(i) All areas not covered by structures, service yards, walkways, driveways, and parking spaces shall be landscaped with ground cover, shrubs, and/or trees.
(iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R-1, R-2, or RMD) or abutting railroad tracks.

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16 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria F. Street parking is utilized for visitor or
customer parking and is designed in a
manner to enhance traffic calming;

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria (5) Utilize street parking for visitor or customer parking and to enhance traffic calming.

G. Parking is accessed from side
streets or alleys when possible.

18.24.030(a)(3): Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (5) Large (Multi-Acre) Sites
Large (in excess of one acre) sites shall
be designed so that street, block, and
building patterns are consistent with
those of the surrounding neighborhood,
and such that:

Sites over 1 acre in size are not uniquely addressed. Standards and contextual design criteria below would be broadly applicable and would not just apply to large sites.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. New development of large sites
maintains and enhances connectivity
with a hierarchy of public streets, private
streets, walks and bike paths (integrated
with Palo Alto's Bicycle Master Plan,
when applicable);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points. (2) Connections to side streets, open spaces, mews, alleys, and paseos B. The diversity of building types
increases with increased lot size (e.g.,
<1 acre = minimum 1 building type; 1-2
acres = minimum 2 housing types;
greater than 2 acres = minimum 3

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features.

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17 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria housing types) (Figures 5-1 through 5-3);
and

18.24.050(b)(5)(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.

18.24.060(b)(2): Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies.

C. Where a site includes more than one
housing type, each building type should
respond to its immediate context in terms
of scale, massing, and design (e.g.,
small lot units or rowhouse building types
facing or abutting existing single-family
residences) (Figures 5-2 and 5-3).

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(5) Provide harmonious transitions between abutting properties

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard. (6) Housing Variety and Units on
Individual Lots

Multifamily projects may include a variety
of unit types such as small-lot detached
units (Figure 6-1), attached
rowhouses/townhouses (Figure 6-2), and
cottage clusters in order to achieve
variety and create transitions to adjacent
existing development, provided that:

18.24.050(b)(5)(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.

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18 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria A. Setbacks and daylight planes along
the perimeter of the site shall conform to
RM-20 zone standards;
Removed. Redundant with setbacks and daylight plane standards in district regulations’ development standards tables. In particular, townhome and cottage cluster standards are located in Table 3 and footnote (1), Chapter

18.13.050(c) Village Residential Development
B. Overall development intensity (FAR,
landscape coverage, open space) shall
be calculated across the entire site to
comply with the RM-20 zone standards;
Removed. Redundant with setbacks and daylight plane standards in district regulations’ development standards tables. In particular, townhome and cottage cluster standards are located in Table 3 and footnote (1), Chapter

18.13.050(c) Village Residential Development
C. Individual detached units shall be
spaced a minimum of 3 feet apart;
Removed. For townhome, cottage cluster, redundant with Table 3, Chapter 18.13.050(c) Village Residential Development.

Also, required by Fire Code for buildings with openings.

D. For units on individual "fee simple"
lots, units may be situated along the
property line of the individual parcel (i.e.,
zero-lot line) to allow usable open space
in the opposite side setback;
Addressed generally by open space standards in district regulations’ development standards tables. “Fee simple” lots not separately addressed.

E. Each detached unit shall have at
least one usable side yard between the
house and fence to provide outdoor
passage between the front and rear
yards;

18.24.040(b)(6): Side Yard Setback Character: Each detached dwelling unit shall have at least one usable side yard, at least 6 feet wide, between the house and fence to provide outdoor passage between the front and rear yards.

F. Spaces between buildings shall be
landscaped and/or shall provide for
usable hardscape (patios, decks, etc.);
Removed. Addressed by site open space standard in Table 3, Chapter 18.13.050(c) Village Residential Development
G. Sidewall windows should be
designed with privacy features such as
obscure glass or glass block;

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.050(b)(C) Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

H. Windows on sidewalls opposite each
other should be above eye level or
should be offset to prevent views into
adjacent units; and

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

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19 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.
(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity I. Architectural treatment shall be
carried along the sidewalls of detached
units, particularly sidewalls facing streets
and pathways.

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(2) Quality of construction, craftsmanship, and design to create long lasting buildings

18.24.040(b) Building Orientation and Setbacks
(1) Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Examples:

Wrap around front porch, bay window.
(7) Sustainability and Green Building
Design

Project design and materials to achieve
sustainability and green building design
shall be incorporated into the project.

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

18.24.090(a) Materials Intent Statement Contextual Design Criteria To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.

18.24.100(a) Sustainability and Green Building Design Intent Statement Contextual Design Criteria To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high- quality spaces and high recycled content materials. The following considerations should be included in site and building design…

18.24.100(b): See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.

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20 RM Zones - 18.13.060 Multiple Family Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria A. Optimize building orientation for heat
gain, shading, daylighting, and natural
ventilation (Figure 7-1);

18.24.100(a)(1): Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
B. Design landscaping to create
comfortable micro-climates and reduce
heat island effects (Figure 7-2);

18.24.100(a)(2): Design landscaping to create comfortable micro-climates and reduce heat island effects C. Design for easy pedestrian, bicycle,
and transit access;

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

D. Maximize onsite stormwater
management through landscaping and
permeable pavement (Figure 7-3);

18.24.100(a)(4): Maximize onsite stormwater management through landscaping and permeable pavement E. Use sustainable building materials. 18.24.100(a)(5): Use sustainable building materials F. Design lighting, plumbing and
equipment for efficient energy use;

18.24.100(a)(6): Design lighting, plumbing and equipment for efficient energy use G. Create healthy indoor environments; 18.24.100(a)(7): Create healthy indoor environments H. Use creativity and innovation to build
more sustainable environments. One
example is establishing gardens with
edible fruits, vegetables or other plants
to satisfy a portion of project open space
requirements (Figure 7-2); and

18.24.100(a)(8): Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements I. Provide protection for creeks and
riparian vegetation and integrate
stormwater management measures and
open space to minimize water quality
and erosion impacts to the creek
environment.

Addressed in 18.40.140: Stream Corridor Protection

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21 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (1) Pedestrian and Bicycle Environment
The design of new projects shall
promote pedestrian walkability, a bicycle
friendly environment, and connectivity
through design elements such as:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.

18.24.040(b)(3): Building Orientation and Setbacks - Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

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22 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria

18.24.020(4)(B): Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right-of-way within 50 feet of the building entry. On arterials—except Downtown—seating areas or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure.

18.24.060(c)(4)(B): Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

18.24.060(c)(5): Storefront/Retail Ground Floors
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.

18.24.060(c)(6): Other Non-residential Ground Floors
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks).
(2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.

18.24.020(b)(4)(A): Micromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be

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23 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of- way.

Also see bicycle parking standards in Chapter 18.52.040: Off-Street Parking, Loading and Bicycle Facility Requirements
E. Vehicle access from alleys or
sidestreets where they exist, with
pedestrian access from the public street.

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (B) Except for driveway access and short-term loading spaces, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.
(2) Street Building Facades
Street facades shall be designed to
provide a strong relationship with the
sidewalk and the street(s), to create an
environment that supports and
encourages pedestrian activity through
design elements such as:

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street A. Placement and orientation of
doorways, windows, and landscape
elements to create strong, direct
relationships with the street (Figure 2-1);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.040 Building Orientation and Setbacks
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:

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24 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

18.24.060(c)(4) Building Entries Within Façade Design
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.

18.24.060(c)(5) Storefront/Retail Ground Floors
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.

18.24.060(c)(6) Other Non-residential Ground Floors
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.

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

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth.

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25 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material; (iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth; (v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or (vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.

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

18.24.070(a) Residential Entries Intent Statement Contextual Design Criteria Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy

See new standards in 18.24.070(b) Residential Entries for specific entry types (i.e., stoops, porches, patios, terraces, frontage courts), dimensional requirements and the minimum and maximum number of units per entry. For example:

18.24.070(b)(B) Residential Entries - Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and (iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

18.24.060(b) Façade Design
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width

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26 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria D. Residential units and storefronts that
have a presence on the street and are
not walled-off or oriented exclusively
inward;

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.

18.24.040(b) Building Orientation and Setbacks
(3) Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

E. Elements that signal habitation such
as entrances, stairs, porches, bays and
balconies that are visible to people on
the street;
F. All exposed sides of a building
designed with the same level of care and
integrity;

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(2) Quality of construction, craftsmanship, and design to create long lasting buildings

18.24.060(b) Façade Design Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design.
(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible from a right-of-way, are exempt.
(3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from a right-of-way, shall continue color, material, and pattern of the main façade.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(b)(3): Building Orientation and Setbacks - Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.

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27 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

18.24.040(b)(4): Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation.

18.24.040(b)(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length.

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28 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables. (3) Massing and Setbacks
Buildings shall be designed to minimize
massing and conform to proper setbacks
through elements such as:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. Rooflines that emphasize and
accentuate significant elements of the
building such as entries, bays, and
balconies (Figure 3-1);

18.24.050(a)(4): Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.

18.24.060(c)(4) Building Entries Within Façade Design
(A) (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet. (B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

Also see new standards/menu options for massing and articulation in:

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18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services [Choice in menu of options]
B. Design with articulation, setbacks,
and materials that minimize massing,
break down the scale of buildings, and
provide visual interest (Figure 3-1);

18.24.050(a)(1): Break down large building facades and massing to create a human-scaled building that enhances the context of the site

18.24.050(a)(2): Are consistent in scale, mass and character to adjacent land uses and land use designations

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:
(B) A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length.

18.24.050(b)(3) Maximum Façade Length
For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection. (A) Buildings 250 feet in length or greater, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.

Also see new standards/menu options for massing and articulation in

18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services

Also see materials standards in 18.24.090 Materials
C. Corner buildings that incorporate
special features to reinforce important

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria

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30 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria intersections and create buildings of
unique architectural merit and varied
styles (Figure 3-1);
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience.

18.24.040(b) Building Orientation and Setbacks
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet.

Examples: Wrap around front porch, bay window.
(2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A)Street wall shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:
(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building (ii) A different material application and/or fenestration pattern from the rest of the façade. (iii) A change in height of at least 4 feet greater or less than the height of the abutting primary façade.

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

18.24.060(c)(1)(A): Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of two or more of the following four techniques…
E. Buildings set back from the property
line to create an effective 12' sidewalk
on El Camino Real, 8' elsewhere (Figure
3-4);

18.24.020(b)(1)(A) Sidewalk Widths: Public sidewalks abutting a development parcel in any commercial mixed-use district (CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. Notwithstanding the total dimensions required herein, the following streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft F. A majority of the building frontage
located at the setback line (Figure 3-3);
and
Removed. Inconsistent with build-to-lines in Chapter 18.16.060 (Table 3 and 4, and related footnotes) which details build-to lines, depending on setback and zone.

G. No side setback for midblock
properties, allowing for a continuous
Removed. Redundant with detailed side setbacks in Chapter 18.16.060 (Table 3 and 4)

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31 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria street facade, except when abutting low
density residential (Figure 3-3).
(4) Low-Density Residential Transitions
Where new projects are built abutting
existing lower-scale residential
development, care shall be taken to
respect the scale and privacy of
neighboring properties through:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (5) Provide harmonious transitions between adjacent abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
A. Transitions of development intensity
from higher density development
building types to building types that are
compatible with the lower intensity
surrounding uses (Figure 4-1);
B. Massing and orientation of buildings
that respect and mirror the massing of
neighboring structures by stepping back
upper stories to transition to smaller
scale buildings, including setbacks and
daylight planes that match abutting R-1
and R-2 zone requirements (Figure 4-2);

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32 CN, CC, CS Zones - 18.16.090 Context-Based Design Criteria Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

18.24.050(b)(2)(C) Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

18.24.050(b)(2)(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(v) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (vi) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (vii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (viii) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

18.24.050(b)(2)(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(iv) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (v) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (vi) Provide balcony/deck design measure which may include:
d) Minimum 85% opaque railing
e) Obscure glass railing
f) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

18.24.080(b)(1)(D): Balconies shall not be located within the daylight plane D. Minimizing sight lines into and from
neighboring properties (Figure 4-3);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.

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18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter) E. Limiting sun and shade impacts on
abutting properties; and

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria ...Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development.

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See setbacks and daylight plane standards in district regulations’ development standards tables.

No new sun access or shade impact standards are proposed.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria…
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.

18.24.020(b) Public Realm/Sidewalk Character
(1) Sidewalk Widths
(B) Publicly accessible sidewalks or walkways with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width.
(C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.
(5) Project Open Space
Private and public open space shall be
provided so that it is usable for the
residents, visitors, and/or employees of a
site.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street A. The type and design of the usable
private open space shall be appropriate
to the character of the building(s), and
shall consider dimensions, solar access,
wind protection, views, and privacy;

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(2) Be generous in dimension to provide usable space

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18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter. (B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements: … (i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area
(ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)
B. Open space should be sited and
designed to accommodate different
activities, groups, active and passive
uses, and should be located convenient
to the users (e.g., residents, employees,
or public)

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

18.24.080(b)(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(C) Be accessed directly from a residential unit

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 (E) Include places to sit
(F) A minimum 20% of landscaping
C. Common open spaces should
connect to the pedestrian pathways and

18.24.080(a) Open Space Intent Statement Contextual Design Criteria … Common and private open spaces should include the following characteristics:

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its surroundings;
(1) Be integrated into the site access and building circulation strategy (3) Provide landscape elements that will support the health of the plants and enhance the character of place

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. (F) A minimum 20% of landscaping
D. Usable open space may be any
combination of private and common
spaces;
Removed. Redundant with development standards in Chapter 18.16.060 Table 4, footnote (2) details requirements and options for private and common open space.

E. Usable open space does not need to
be located on the ground and may be
located in porches, decks, balconies
and/or podiums (but not on rooftops)
(Figure 5-1);
Removed. Redundant with definition of usable open space in Chapter 18.04.030(124) and inconsistent with permitted rooftop open spaces in the CN and CS sites on El Camino Real and CC(2) sites that do not abut a single- or two-family residential use or zoning district
F. Open space should be located to
activate the street façade and increase
"eyes on the street" when possible
(Figure 5-1);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (7) Promote community safety through eyes on the street

18.24.040(b)(2)(B): An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining (iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% transparent. [Choice in menu of options] G. Both private and common open
space areas should be buffered from
noise where feasible through
landscaping and building placement;
See existing noise standards in Section 9.10.030(a).

See existing noise standards for rooftop open spaces in 18.40.230: Rooftop Gardens.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses

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18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) ...ground floor patios shall meet the following minimum requirements... (iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)

18.24.080(b)(2) If Common Open Space is provided, it shall meet the following standards... (A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (C) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 H. Open space situated over a
structural slab/podium or on a rooftop
shall have a combination of landscaping
and high quality paving materials,
including elements such as planters,
mature trees, and use of textured and/or
colored paved surfaces (Figure 5-2); and

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b) (2) Common Open Space
(2) If Common Open Space is provided, it shall meet the following standards:
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

I. Parking may not be counted as open
space.

Removed. Redundant with definition of usable open space in Chapter 18.04.030(124). (6) Parking Design
Parking needs shall be accommodated
but shall not be allowed to overwhelm
the character of the project or detract
from the pedestrian environment, such
that:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.

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

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18.24.030(b)(4) Loading Docks and Service Areas.

Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades other than the primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened in accordance with Chapter 18.23.050. (B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter

18.23.050 and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet)
B. Structured parking is fronted or
wrapped with habitable uses when
possible (Figure 6-1);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7)(B): Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet.

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

18.24.030(a) Site Access Intent Statement Contextual Design Criteria (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade parking.

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vines, or groundcover is incorporated
into surface parking lots (Figure 6-2);
Removed. Redundant with landscaping standards and guidelines in Chapter 18.54.040: Landscaping of Parking Areas
E. For properties with parking access
from the rear of the site (such as a rear
alley or driveway) landscaping shall
provide a visual buffer between vehicle
circulation areas and abutting properties
(Figure 6-3);
Removed. Redundant with standards and guidelines in Chapter 18.54.040(f): Landscaping of Parking Areas (Landscape Screens) and Chapter 18.23.050: Visual, Screening and Landscaping (proposed to be modified to be broadly applicable and relocated to Chapter 18.40.260). For Example:

18.54.040(f) Landscaping of Parking Areas [Existing Code Section] (a) Perimeter Landscaping: Each unenclosed parking facility shall provide a perimeter landscaped strip at least five feet wide between and adjacent to a line defining the exterior boundary of the parking area and the nearest adjacent property line, not separated by a building. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required, and shall be continuous except for required access to the site or to the parking facility. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature. Where the parking facility adjoins another site, a fence, wall, or other equivalent screening feature may be required.

18.40.260(b) Visual Screening and Landscaping [Existing Code Section] (1) For non-residential properties abutting residential uses:
(ii) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk.
(iii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers.
(iv) All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen.
(2) For all project types:
(i) All areas not covered by structures, service yards, walkways, driveways, and parking spaces shall be landscaped with ground cover, shrubs, and/or trees.
(iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R-1, R-2, or RMD) or abutting railroad tracks.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria (5) Utilize street parking for visitor or customer parking and to enhance traffic calming.

G. For properties with parking
accessed from the front, minimize the
amount of frontage used for parking
access, no more than 25% of the site
frontage facing a street should be
devoted to garage openings, carports, or

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet)

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than 100 feet of frontage, no more than
25 feet);
H. Where two parking lots abut and it is
possible for a curb cut and driveway to
serve several properties, owners are
strongly encouraged to enter in to
shared access agreements (Figure 6-4);
and

18.24.030(a)(4) Shared access agreements among property owners, where feasible, to reduce the number and widths of curb cuts and driveways.

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

18.24.030(a)(3): Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (7) Large (Multi-Acre) Sites
Large (in excess of one acre) sites shall
be designed so that street, block, and
building patterns are consistent with
those of the surrounding neighborhood,
and such that:

Sites over 1 acre in size are not uniquely addressed. Standards and contextual design criteria below would be broadly applicable and would not just apply to large sites.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. New development of large sites
maintains and enhances connectivity
with a hierarchy of public streets, private
streets, walks and bike paths (integrated
with Palo Alto's Bicycle Master Plan,
when applicable);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features.

18.24.050(b)(5)(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.

18.24.060(b)(2): Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(5) Provide harmonious transitions between abutting properties

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

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Design

Project design and materials to achieve
sustainability and green building design
should be incorporated into the project.

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

18.24.090(a) Materials Intent Statement Contextual Design Criteria To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.

18.24.100(a) Sustainability and Green Building Design Intent Statement Contextual Design Criteria To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high- quality spaces and high recycled content materials. The following considerations should be included in site and building design…

18.24.100(b): See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.

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

18.24.100(a)(1): Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
B. Design landscaping to create
comfortable micro-climates and reduce
heat island effects.

18.24.100(a)(2): Design landscaping to create comfortable micro-climates and reduce heat island effects C. Design for easy pedestrian, bicycle,
and transit access.

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

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

18.24.100(a)(4): Maximize onsite stormwater management through landscaping and permeable pavement E. Use sustainable building materials. 18.24.100(a)(5): Use sustainable building materials F. Design lighting, plumbing, and
equipment for efficient energy and water
use.

18.24.100(a)(6): Design lighting, plumbing and equipment for efficient energy use G. Create healthy indoor environments. 18.24.100(a)(7): Create healthy indoor environments H. Use creativity and innovation to build
more sustainable environments. One
example is establishing gardens with

18.24.100(a)(8): Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements

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to satisfy a portion of project open space
requirements.

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

Addressed in 18.40.140: Stream Corridor Protection

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

Removed. Addressed by California Energy Code requirements. Guideline could be added to contextual design criteria, if desired.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (1) Pedestrian and Bicycle Environment
The design of new projects shall promote
pedestrian walkability, a bicycle friendly
environment, and connectivity through
design elements such as:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.

18.24.040(b)(3): Building Orientation and Setbacks - Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

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18.24.020(4)(B): Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right-of-way within 50 feet of the building entry. On arterials—except Downtown—seating areas or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure.

18.24.060(c)(4)(B): Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

18.24.060(c)(5): Storefront/Retail Ground Floors
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.

18.24.060(c)(6): Other Non-residential Ground Floors
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks).
(2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.

18.24.020(b)(4)(A): Micromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of- way.

Also see bicycle parking standards in Chapter 18.52.040: Off-Street Parking, Loading and Bicycle Facility Requirements
E. Vehicle access from alleys or
sidestreets where they exist, with
pedestrian access from the public street.

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (B) Except for driveway access and short-term loading spaces, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.
(2) Street Building Facades
Street facades shall be designed to
provide a strong relationship with the
sidewalk and the street(s), to create an
environment that supports and
encourages pedestrian activity through
design elements such as:

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street A. Placement and orientation of
doorways, windows, and landscape
elements to create strong, direct
relationships with the street (Figure 2-1);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.040 Building Orientation and Setbacks
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

18.24.060(c)(4) Building Entries Within Façade Design
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.

18.24.060(c)(5) Storefront/Retail Ground Floors
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.

18.24.060(c)(6) Other Non-residential Ground Floors
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.

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

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material; (iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth; (v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or (vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.

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

18.24.070(a) Residential Entries Intent Statement Contextual Design Criteria Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy

See new standards in 18.24.070(b) Residential Entries for specific entry types (i.e., stoops, porches, patios, terraces, frontage courts), dimensional requirements and the minimum and maximum number of units per entry. For example:

18.24.070(b)(B) Residential Entries - Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and (iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

18.24.060(b) Façade Design
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria D. Residential units and storefronts that
have a presence on the street and are
not walled-off or oriented exclusively
inward;

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.

18.24.040(b) Building Orientation and Setbacks
(3) Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway. (C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards: (i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

E. Elements that signal habitation such
as entrances, stairs, porches, bays and
balconies that are visible to people on
the street;
F. All exposed sides of a building
designed with the same level of care and
integrity;

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(2) Quality of construction, craftsmanship, and design to create long lasting buildings

18.24.060(b) Façade Design Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design.
(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible from a right-of-way, are exempt.
(3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from a right-of-way, shall continue color, material, and pattern of the main façade.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(b)(3): Building Orientation and Setbacks - Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

18.24.040(b)(4): Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation.

18.24.040(b)(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables. (3) Massing and Setbacks
Buildings shall be designed to minimize
massing and conform to proper setbacks
through elements such as:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. Rooflines that emphasize and
accentuate significant elements of the
building such as entries, bays, and
balconies (Figure 3-1);

18.24.050(a)(4): Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.

18.24.060(c)(4) Building Entries Within Façade Design
(A) (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet. (B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

Also see new standards/menu options for massing and articulation in:

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18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services [Choice in menu of options]
B. Design with articulation, setbacks,
and materials that minimize massing,
break down the scale of buildings, and
provide visual interest (Figure 3-1);

18.24.050(a)(1): Break down large building facades and massing to create a human-scaled building that enhances the context of the site

18.24.050(a)(2): Are consistent in scale, mass and character to adjacent land uses and land use designations

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:
(B) A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length.

18.24.050(b)(3) Maximum Façade Length
For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection. (A) Buildings 250 feet in length or greater, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.

Also see new standards/menu options for massing and articulation in

18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services

Also see materials standards in 18.24.090 Materials
C. Corner buildings that incorporate
special features to reinforce important

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria intersections and create buildings of
unique architectural merit and varied
styles (Figure 3-1);
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience.

18.24.040(b) Building Orientation and Setbacks
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet.

Examples: Wrap around front porch, bay window.
(2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A)Street wall shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:
(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building (ii) A different material application and/or fenestration pattern from the rest of the façade. (iii) A change in height of at least 4 feet greater or less than the height of the abutting primary façade.

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

18.24.060(c)(1)(A): Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of two or more of the following four techniques…
E. Buildings set back from the property
line to create an effective 12' sidewalk on
El Camino Real, 8' elsewhere (Figure 3-
4);

18.24.020(b)(1)(A) Sidewalk Widths: Public sidewalks abutting a development parcel in any commercial mixed-use district (CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. Notwithstanding the total dimensions required herein, the following streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft F. A majority of the building frontage
located at the setback line (Figure 3-3);
and
Removed. Inconsistent with build-to-lines in Chapter 18.16.060 (Table 4) which details build-to lines, depending on setback.

G. No side setback for midblock
properties, allowing for a continuous
Removed. Redundant with detailed side setbacks in Chapter 18.16.060 (Table 4)

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria street facade, except when abutting low
density residential (Figure 3-3).
(4) Low-Density Residential Transitions
Where new projects are built abutting
existing lower-scale residential
development, care shall be taken to
respect the scale and privacy of
neighboring properties through:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (5) Provide harmonious transitions between adjacent abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and A. Transitions of development intensity
from higher density development building
types to building types that are
compatible with the lower intensity
surrounding uses (Figure 4-1);
B. Massing and orientation of buildings
that respect and mirror the massing of
neighboring structures by stepping back
upper stories to transition to smaller
scale buildings, including setbacks and
daylight planes that match abutting R-1
and R-2 zone requirements (Figure 4-2);

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

18.24.080(b)(1)(D): Balconies shall not be located within the daylight plane D. Minimizing sight lines into and from
neighboring properties (Figure 4-3);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter) E. Limiting sun and shade impacts on
abutting properties; and

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria ...Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development.
(7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.

See setbacks and daylight plane standards in district regulations’ development standards tables.

No new sun access or shade impact standards are proposed.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria…
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.

18.24.020(b) Public Realm/Sidewalk Character
(1) Sidewalk Widths
(B) Publicly accessible sidewalks or walkways with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width.
(C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.
(5) Project Open Space
Private and public open space shall be
provided so that it is usable for the
residents, visitors, and/or employees of a
site.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (3) Provide landscape elements that will support the health of the plants and enhance the character of place (4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street A. The type and design of the usable
private open space shall be appropriate
to the character of the building(s), and
shall consider dimensions, solar access,
wind protection, views, and privacy;

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter. (B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements: … (i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area
(ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)
B. Open space should be sited and
designed to accommodate different
activities, groups, active and passive
uses, and should be located convenient
to the users (e.g., residents, employees,
or public)

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

18.24.080(b)(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(C) Be accessed directly from a residential unit

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18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 (E) Include places to sit
(F) A minimum 20% of landscaping
C. Common open spaces should
connect to the pedestrian pathways and
existing natural amenities of the site and
its surroundings;

18.24.080(a) Open Space Intent Statement Contextual Design Criteria… Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (3) Provide landscape elements that will support the health of the plants and enhance the character of place

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. (F) A minimum 20% of landscaping
D. Usable open space may be any
combination of private and common
spaces;
Removed. Redundant with development standards in Chapter 18.18.060(b) (Table 3) which details requirements and options for private and common open space.

E. Usable open space does not need to
be located on the ground and may be
located in porches, decks, balconies
and/or podiums (but not on rooftops)
(Figure 5-1);
Removed. Redundant with definition of usable open space in Chapter 18.04.030(124) and inconsistent with permitted rooftop open spaces in the CD-C district on sites that do not abut a single- or two-family residential use or zoning district
F. Open space should be located to
activate the street façade and increase
"eyes on the street" when possible
(Figure 5-1);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (7) Promote community safety through eyes on the street

18.24.040(b)(2)(B): An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% transparent. [Choice in menu of options] G. Both private and common open
space areas should be buffered from
noise where feasible through
landscaping and building placement;
See noise standards in Section 9.10.030(a).

See existing noise standards for rooftop open spaces in 18.40.230: Rooftop Gardens.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria …Common and private open spaces should include the following characteristics:
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses

18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) ...ground floor patios shall meet the following minimum requirements... (iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)

18.24.080(b)(2) If Common Open Space is provided, it shall meet the following standards... (A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (C) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 H. Open space situated over a
structural slab/podium or on a rooftop
shall have a combination of landscaping
and high quality paving materials,
including elements such as planters,
mature trees, and use of textured and/or
colored paved surfaces (Figure 5-2); and

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b) (2) Common Open Space
(2) If Common Open Space is provided, it shall meet the following standards:
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria I. Parking may not be counted as open
space.

Removed. Redundant with definition of usable open space in Chapter 18.04.030(124). (6) Parking Design
Parking needs shall be accommodated
but shall not be allowed to overwhelm
the character of the project or detract
from the pedestrian environment, such
that:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (B) Except for driveway access and short-term loading spaces, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.

18.24.030(b)(4) Loading Docks and Service Areas.

Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades other than the primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened in accordance with Chapter 18.23.050. (B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter

18.23.050 and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet)
A. Parking is located behind buildings,
below grade or, where those options are
not feasible, screened by landscaping,
low walls, etc.;

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

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

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18.24.060(b)(7)(B): Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet.

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

18.24.030(a) Site Access Intent Statement Contextual Design Criteria (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade parking.

D. Landscaping such as trees, shrubs,
vines, or groundcover is incorporated
into surface parking lots (Figure 6-2);
Removed. Redundant with landscaping standards and guidelines in Chapter 18.54.040: Landscaping of Parking Areas
E. For properties with parking access
from the rear of the site (such as a rear
alley or driveway) landscaping shall
provide a visual buffer between vehicle
circulation areas and abutting properties
(Figure 6-3);
Removed. Redundant with standards and guidelines in Chapter 18.54.040(f): Landscaping of Parking Areas (Landscape Screens) and Chapter 18.23.050: Visual, Screening and Landscaping (proposed to be modified to be broadly applicable and relocated to Chapter 18.40.260). For Example:

18.54.040(f) Landscaping of Parking Areas [Existing Code Section] (a) Perimeter Landscaping: Each unenclosed parking facility shall provide a perimeter landscaped strip at least five feet wide between and adjacent to a line defining the exterior boundary of the parking area and the nearest adjacent property line, not separated by a building. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required, and shall be continuous except for required access to the site or to the parking facility. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature. Where the parking facility adjoins another site, a fence, wall, or other equivalent screening feature may be required.

18.40.260(b) Visual Screening and Landscaping [Existing Code Section] (1) For non-residential properties abutting residential uses:
(ii) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk.
(iii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers.
(iv) All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen.
(2) For all project types:
(i) All areas not covered by structures, service yards, walkways, driveways, and parking spaces shall be landscaped with ground cover, shrubs, and/or trees.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R-1, R-2, or RMD) or abutting railroad tracks.

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

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria (5) Utilize street parking for visitor or customer parking and to enhance traffic calming.

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

18.24.030(a)(3): Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.060(b)(7) Façade Design - Parking/Loading/Utilities (A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet)
H. Where two parking lots abut and it is
possible for a curb cut and driveway to
serve several properties, owners are
strongly encouraged to enter in to shared
access agreements (Figure 6-4); and

18.24.030(a)(4) Shared access agreements among property owners, where feasible, to reduce the number and widths of curb cuts and driveways.

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

18.24.030(a)(3): Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (7) Large (Multi-Acre) Sites
Large (in excess of one acre) sites shall
be designed so that street, block, and
building patterns are consistent with
those of the surrounding neighborhood,
and such that:

Sites over 1 acre in size are not uniquely addressed. Standards and contextual design criteria below would be broadly applicable and would not just apply to large sites.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (5) Provide harmonious transitions between abutting properties A. New development of large sites
maintains and enhances connectivity
with a hierarchy of public streets, private
streets, walks and bike paths (integrated
with Palo Alto's Bicycle Master Plan,
when applicable);

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points. (2) Connections to side streets, open spaces, mews, alleys, and paseos B. The diversity of building types
increases with increased lot size (e.g.,
<1 acre = minimum 1 building type; 1-2
acres = minimum 2 housing types;
greater than 2 acres = minimum 3
housing types) (Figures 7-1 through 7-3);
and

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features.

18.24.050(b)(5)(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.

18.24.060(b)(2): Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(5) Provide harmonious transitions between abutting properties

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.

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65 CD - 18.18.110 - Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard. (8) Sustainability and Green Building
Design

Project design and materials to achieve
sustainability and green building design
should be incorporated into the project.

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

18.24.090(a) Materials Intent Statement Contextual Design Criteria To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.

18.24.100(a) Sustainability and Green Building Design Intent Statement Contextual Design Criteria To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high- quality spaces and high recycled content materials. The following considerations should be included in site and building design…

18.24.100(b): See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.

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

18.24.100(a)(1): Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
B. Design landscaping to create
comfortable micro-climates and reduce
heat island effects.

18.24.100(a)(2): Design landscaping to create comfortable micro-climates and reduce heat island effects C. Design for easy pedestrian, bicycle,
and transit access.

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

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

18.24.100(a)(4): Maximize onsite stormwater management through landscaping and permeable pavement E. Use sustainable building materials. 18.24.100(a)(5): Use sustainable building materials

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria F. Design lighting, plumbing, and
equipment for efficient energy and water
use.

18.24.100(a)(6): Design lighting, plumbing and equipment for efficient energy use G. Create healthy indoor environments. 18.24.100(a)(7): Create healthy indoor environments H. Use creativity and innovation to build
more sustainable environments. One
example is establishing gardens with
edible fruits, vegetables or other plants
to satisfy a portion of project open space
requirements.

18.24.100(a)(8): Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements I. Provide protection for creeks and
riparian vegetation and integrate
stormwater management measures and
open space to minimize water quality
and erosion impacts to the creek
environment.

Addressed in 18.40.140: Stream Corridor Protection

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

Removed. Addressed by California Energy Code requirements. Guideline could be added to contextual design criteria, if desired.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (1) Pedestrian and Bicycle Environment
The design of new projects shall promote
pedestrian walkability, a bicycle friendly
environment, and connectivity through
design elements such as:

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points.

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

See 18.24.020(b)(A) Figure 1: Illustrative Sidewalk Section and Description of Zones, and related table A. Connectivity for pedestrians and
cyclists with external and internal (if any)
streets, pathways, or bike facilities (See
Figure 1-1);
B. Pathways and streets that present a
clear hierarchy and connectivity pattern
both within a project and to adjacent
sidewalks;
C. Wide sidewalks (built as easements
beyond the property line if needed, but
not to the detriment of existing or future
bike lanes) along Park Boulevard to
reinforce the street as a primary
pedestrian and bicycle linkage to the
multimodal station;

18.24.020(b)(1)(A) Sidewalk Widths: Public sidewalks abutting a development parcel in any commercial mixed-use district (CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided.

Park Blvd. sidewalk widths should be identified through the NVCAP process.

D. Bicycle amenities that contribute to
the area's bicycle environment and
safety needs, such as bike racks,
storage or parking, or dedicated bike
lanes or paths (See Figure 1-2);

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.

18.24.020(b)(4)(A): Micromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of- way.

Also see bicycle parking standards in Chapter 18.52.040: Off-Street Parking, Loading and Bicycle Facility Requirements

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria E. Ground floor uses that are appealing
to pedestrians through well-designed
visibility and access (See Figure 1-2);

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.

18.24.040(b)(3): Building Orientation and Setbacks - Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

18.24.020(4)(B): Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right-of-way within 50 feet of the building entry. On arterials—except Downtown—seating areas or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.

F. On primary pedestrian routes such
as Park Boulevard and California
Avenue, climate and weather protection
where possible, such as covered waiting
areas, building projections and

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria colonnades, and awnings (See Figure 1-
3);

18.24.060(c)(4)(B): Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

18.24.060(c)(5): Storefront/Retail Ground Floors
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.

18.24.060(c)(6): Other Non-residential Ground Floors
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

G. Streetscape or pedestrian amenities
that contribute to the area's streetscape
environment such as street trees, bulb-
outs, benches, landscape elements, and
public art (SeeFigures 1-4 and 1-5); and

18.24.020(a) Public Realm/Sidewalk Character Intent Statement Contextual Design Criteria To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks).
(2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.

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

18.24.030(a) Site Access Intent Statement Contextual Design Criteria To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context.

18.24.030(b)(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets where available. (B) Except for driveway access and short-term loading spaces, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.

18.24.030(b)(2): Site Access - Primary Building Entries shall be located from a public right-of-way or, if not possible, a publicly accessible Pedestrian Walkway.
(2) Street Building Facades
Street facades shall be designed to
provide a strong relationship with the
sidewalks and the street(s), to create an

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria environment that supports and
encourages pedestrian activity through
design elements such as:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street A. Facade articulation reflecting the
rhythm of nearby commercial and
residential areas such as California
Avenue;

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest… B. Placement and orientation of
doorways, windows, and landscape
elements to create strong, direct
relationships with the street (See Figures
2-1 and 2-2);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.040 Building Orientation and Setbacks
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria

18.24.060(c)(4) Building Entries Within Façade Design
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.

18.24.060(c)(5) Storefront/Retail Ground Floors
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.

18.24.060(c)(6) Other Non-residential Ground Floors
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.

C. Facades that include projecting
eaves and overhangs, porches, and
other architectural elements that provide
human scale and help break up building
mass (See Figures 2-1 and 2-2);

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth.
(ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material; (iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth; (v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or (vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width.

D. Entries and windows that face onto
the street (See Figures 2-1 and 2-2);

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.

18.24.040(b) Building Orientation and Setbacks
(3) Primary Building Entry The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet. (ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.

E. Entries that are clearly defined
features of front facades, and that have a
scale that is in proportion to the size of
the building and number of units being
accessed; larger buildings should have a
more prominent building entrance, while
maintaining a pedestrian scale
(SeeFigures 2-1 and 2-2); and

18.24.070(a) Residential Entries Intent Statement Contextual Design Criteria Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy

See new standards in 18.24.070(b) Residential Entries for specific entry types (i.e., stoops, porches, patios, terraces, frontage courts), dimensional requirements and the minimum and maximum number of units per entry. For example:

18.24.070(b)(B) Residential Entries - Porch:

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and (iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

18.24.060(b) Façade Design
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
F. Residential units and storefronts that
have a presence on the street and are
not walled-off or oriented exclusively
inward.

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (3) Reinforce the definition and importance of the street

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria (2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.

18.24.040 Building Orientation and Setbacks
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.

18.24.060(c)(4) Building Entries Within Façade Design
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.

18.24.060(c)(5) Storefront/Retail Ground Floors

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.

18.24.060(c)(6) Other Non-residential Ground Floors
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.
(3) Massing and Articulation
Buildings shall be designed to minimize
massing and provide for articulation and
design variety through elements such as:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate. (5) Provide harmonious transitions between abutting properties A. Buildings that include pedestrian-
scaled detail, articulation and
craftsmanship of the facade (See Figure
3-1);

18.24.060(a) Façade Design Intent Statement Contextual Design Criteria To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns.

See new standards in 18.24.060(c) that identify a menu of options for façade design. For example:

18.24.060(c) Façade Design
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of two of the following façade articulation strategies to create visual interest:

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows, or recessed panels, or similar strategies as approved by the Director of Planning and Development Services. The recess shall be a minimum four inches in depth.
(ii) Vertical and horizontal projections such as shading and weather protection devices, or decorative architectural details, or similar strategies as approved by the Director of Planning and Development Services. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material; (iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth; (v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens, or similar strategies as approved by the Director of Planning and Development Services; or (vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.

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

18.24.050(a)(4): Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.

18.24.060(c)(4) Building Entries Within Façade Design
(A) (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet. (B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.

Also see new standards/menu options for massing and articulation in:

18.24.060 Façade Design - (c)(1)(A) Variation in building modulation and Variation in façade articulation. For example:

18.24.060(c)(1)(A)(ii) Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows or similar strategies as approved by the Director of Planning and Development Services [Choice in menu of options]
C. Corner buildings that incorporate
special features to reinforce important
intersections and create buildings of
unique architectural merit and varied
styles (See Figures 3-2 and 3-3);

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience.

18.24.040(b) Building Orientation and Setbacks
(1) Treatment of Corner Buildings (less than 40 feet)

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet.

Examples: Wrap around front porch, bay window.
(2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A)Street wall shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:
(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building (ii) A different material application and/or fenestration pattern from the rest of the façade. (iii) A change in height of at least 4 feet greater or less than the height of the abutting primary façade.

D. Design with articulation, setbacks,
and materials that minimize massing,
break down the scale of buildings, and
provide visual interest from the train and
neighborhood east of the tracks;

18.24.050(b)(4) Special Conditions - Railroad Frontages All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting facade:
(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length. (B) For portion of a building 20 feet or greater in height, a maximum continuous façade length shall not exceed 60 feet.

E. Limiting facades such that no more
than 70%, and no more than 100
continuous linear feet, of the street
facade exceeds a height of 25 feet (See
Figure 3-4);

18.24.050(b)(3) Maximum Façade Length.

For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection.

F. Landscape elements to buffer the
rear of the lot and the railroad tracks,
with trees spaced at a maximum of 25
feet on center and combined with other
landscape elements such as fencing,
hedges or shrubs (See Figure 3-4);
See draft performance standard Chapter 18.40.260(b)(2) Visual Screening and Landscaping (iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R-1, R-2, or RMD) or abutting railroad tracks.

G. Application of daylight plane
requirements for R-1 and R-2
adjacencies to property boundaries
adjacent to the railroad right-of-way (See
Figure 3-5); and
Removed. Redundant with daylight plane standards in Chapter 18.34.040: PTOD District Regulations, Table 2:

Development Standards

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77 PTOD - 18.34.050 - Pedestrian and Transit Oriented Development Combining District Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria H. Maintaining view corridors from
Colorado Avenue and El Dorado Avenue
west to the hills.

Views addressed in Comprehensive Plan goals and policies. (4) Low-Density Residential Transitions
Where new projects are built adjacent to
existing lower-scale residential
development, care shall be taken to
respect the scale and privacy of adjacent
properties through:

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations (5) Provide harmonious transitions between adjacent abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with adjacent abutting lower density residential development.

18.24.050(b)(1) Upper Floor Step Backs & Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the primary building frontage and the facing facade, and the step shall occur for a minimum of 70% of the each façade length. (B) Notwithstanding, subsection (a), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:

A. Transitions of development intensity
from higher density development building
types to building types that are
compatible with the lower intensity
surrounding uses (See Figure 4-1);
B. Massing and orientation of buildings
that respect and mirror the massing of
neighboring structures by stepping back
upper stories to transition to smaller
scale buildings, including setbacks and
daylight planes that match adjacent R-1
and R-2 zone requirements (See Figure
4-2);

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Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and (ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.

18.24.060(c)(1)(A)(i)(b): Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five- foot step back from the primary façade for a minimum of 80% of the length of the façade. [Choice in menu of options]

Also see setbacks and daylight plane standards in district regulations’ development standards tables.

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

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

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79 PTOD - 18.34.050 - Pedestrian and Transit Oriented Development Combining District Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)

18.24.080(b)(1)(D): Balconies shall not be located within the daylight plane D. Minimizing sight lines into and from
neighboring properties (See Figure 4-3);

18.24.050(a) Building Massing Intent Statement Contextual Design Criteria (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses (e.g., location of pedestrian paths and mews/drive aisles).

18.24.050(b)(2) Privacy and Transitions to Residential Uses Lower Density Building Types When a building abuts a residential use at an interior side and/or rear property line with a RE, RMD, R-1, or R-2 zoned parcel or a village residential or existing single-family residential use, the building shall break down the abutting façade and maintain privacy by meeting all of the following applicable standards:

(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.

(C) Maximum Transparency: Within 40 feet of an abutting structure, no more than 15% of the confronting facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured.

(D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity

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80 PTOD - 18.34.050 - Pedestrian and Transit Oriented Development Combining District Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines are permitted within 5 feet of finished floor and a 45-degree angle downward from balcony railing (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space (iii) Provide balcony/deck design measure which may include:
a) Minimum 85% opaque railing
b) Obscure glass railing
c) Barrier with min. 18” horizontal depth from railing (e.g., landscape planter) E. Limiting sun and shade impacts on
adjacent properties;

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria ...Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses. (4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development.
(7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.

See setbacks and daylight plane standards in district regulations’ development standards tables.

No new sun access or shade impact standards are proposed.

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

18.24.040(a) Building Orientation and Setbacks Intent Statement Contextual Design Criteria To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria…
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces.

18.24.020(b) Public Realm/Sidewalk Character
(1) Sidewalk Widths
(B) Publicly accessible sidewalks or walkways with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width.
(C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.

G. Design with articulation, varied
setbacks, and materials that minimize

18.24.050(b)(4) Special Conditions - Railroad Frontages All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting facade:

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81 PTOD - 18.34.050 - Pedestrian and Transit Oriented Development Combining District Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria sound reflection to neighboring
properties adjacent to the railroad.
(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length. (B) For portion of a building 20 feet or greater in height, a maximum continuous façade length shall not exceed 60 feet.
(5) Project Open Space
Private and public open space shall be
provided so that it is usable for the
residents, visitors, and/or employees of a
site.

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street A. The type and design of the usable
private open space shall be appropriate
to the character of the building(s), and
shall consider dimensions, solar access,
wind protection, views, and privacy;

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

Common and private open spaces should include the following characteristics:
(2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place (5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses (6) Promote sustainable practices and opportunities for green infrastructure

18.24.080(b)(1) Private Open Space.

If Private Open Spaces is provided, it shall meet the following standards: … (A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter. (B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements: … (i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area

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82 PTOD - 18.34.050 - Pedestrian and Transit Oriented Development Combining District Context-Based Design Criteria
Existing Context-Based Design Criteria Proposed Standard or Contextual Design Criteria (ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4)
B. Open space should be sited and
designed to accommodate different
activities, groups and active and passive
uses, and should be located convenient
to the users (e.g., residents, employees,
or public);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.

18.24.080(b)(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(C) Be accessed directly from a residential unit

18.24.080(b)(2) Common Open Space
If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 (E) Include places to sit
(F) A minimum 20% of landscaping
C. Common open spaces should
connect to the pedestrian pathways and
existing natural amenities of the site and
its surroundings (See Figure 5-2);

18.24.080(a) Open Space Intent Statement Contextual Design Criteria … Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (3) Provide landscape elements that will support the health of the plants and enhance the character of place