NOT YET APPROVED
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.29 (North Ventura (NV) District Regulations) and Amending Chapters 18.14 (Housing Incentives), 18.24 (Contextual Design Criteria and Objective Design Standards), and 16.65 (Citywide Affordable Housing Requirements) to Implement the North Ventura Coordinated Area Plan (NVCAP)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 18.29 (North Ventura (NV) District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
CHAPTER 18.29
NORTH VENTURA (NV) DISTRICT REGULATIONS
18.29.010 Purpose
18.29.020 Applicability of Regulations
18.29.030 Zoning Districts
18.29.040 Definitions
18.29.050 Permitted Uses
18.29.060 Development Standards
18.29.070 Parking and Loading
18.29.080 Context-Based Design Criteria and Objective Design Standards
18.29.090 Housing Incentive Programs for NV District
18.29.100 Non-conforming Uses and Non-Complying Facilities
18.29.110 Transportation Demand Management Plan
18.29.010 Purpose
The purpose of the North Ventura district is to implement the vision and framework of the North Ventura Coordinated Area Plan (NVCAP) through use regulations and development standards.
18.29.020 Applicability of Regulations
(a) The North Ventura districts shall apply to properties within the NVCAP and designated as North Ventura Coordinated Area Plan within the Palo Alto Comprehensive Plan. Where designated, the regulations set forth in this chapter shall apply in lieu of the comparable provisions established by the underlying zoning district regulations.
(b) Refer to the NVCAP for design guidelines related to streets and buildings in conjunction with the regulations contained within this chapter.
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18.29.030 Zoning Districts
The North Ventura districts shall apply to properties designated on the zoning map by the symbol “NV” in front of the zoning district designation.
The following zoning districts are intended to create and maintain sites for residential, commercial and mixed-use sites:
(a) Single Family Residential District (NV-R1)
The NV-R1 single family residential district is intended to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children’s play. Minimum site area requirements are established to create and preserve variety among neighborhoods, to provide adequate open area, and to encourage quality design. Accessory dwelling units, junior accessory dwelling units and acc essory structures or buildings are appropriate. Community uses and facilities are allowed to the extent no net loss of housing would result.
(b) Two Family Residential District (NV-R2)
The NV-R2 two -family residential district is intended to allow a second dwe lling unit, under the same ownership as the initial dwelling unit, in areas designated for single-family use or NVCAP by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single -family use.
Community uses and facilities are allowed to the extent no net loss of housing would result. (c) Medium Density Multiple-Family Residential District (NV-R3) The NV-R3 medium density multiple-family residential district is intended to create, preserve and enhance neighborhoods for multiple-family housing with better transition to lower density residential districts.
Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. While there is no maximum density in the NV-R3 residential district, the NVCAP anticipates realistic development yields ranging from 16 to 30 dwelling units per acre based on the applicable development standards.
(d) High Density Multiple-Family Residential District (NV-R4) The NV-R4 high density multiple -family residential district is intended to create, preserve and enhance locations for apartment living at the greater density deemed appropriate for NVCAP. The most suitable locations for this district are along major transportation corridors which are close to mass transportation facilities and major employment and service centers. While there is no maximum density in the NV -R4 residential district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre based on the applicable development standards. (e) Low Density Mixed-Use District (NV-MXL)
The purpose of the NV-MXL district is to allow for small-scale commercial and services with limited amount of residential that is compatible with the surrounding development. While there is no maximum density in the NV -MXL dis trict, the NVCAP anticipates realistic development yields ranging from three to 17 dwelling units per acre.
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(f) Medium Density Mixed-Use District (NV-MXM)
The purpose of the NV-MXM district is to allow for a compatible mix of residential and limited commercial.
While there is no maximum density in the NV-MXM district, the NVCAP anticipates realistic development yields ranging from 31 to 70 dwelling units per acre.
(g) High Density Mixed-Use District (NV-MXH)
The purpose of the NV -MXH district is to allow for a mix of retail, restaurant, entertainment and commercial uses on the ground floor with residential on the upper floors, while maintaining a pedestrian- oriented streetscape. It is intended that the active ground floor retail space required will ensure neighborhood-oriented retail and services are provided within walking distance of high density residential. Ground floor active uses are required along El Camino Real. While no maximum density in the NV-MXH district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre.
(h) Public Facilities District (NV-PF)
The NV-PF public facilities district is designed to accommodate governmental, public utility, educational, and community service or recreational facilities. Within the North Ventura area, an approximate one-acre portion of the NV-PF district may permit a 100% affordable housing project.
18.29.040 Definitions
For the purposes of this chapter, the following definitions shall apply:
(a) “Street yard” means a yard adjoining a street lot line and may also be a front lot line.
18.29.050 Permitted Uses
(a) The uses of land allowed by this chapter in each zoning district are identified in the following tables.
Land uses that are not listed in 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 s ection also apply to the use; however, provisions in other sections not specifically referenced may apply as well.
TABLE 1: PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use
CUP = Conditional Use Permit Required
TUP = Temporary Use Permit Required
— = Not Permitted
ATTACHMENT F
LAND USE NV-
R1
NV-
R2
NV-
R3
NV-
R4
NV-
MXL
(1)(5)
NV-
MXM
(5)
NV-
MXH
NV-
PF
Subject to
Regulations
In:
ACCESSORY AND SUPPORT USES
Accessory facilities
and activities
customarily
incidental to the
permitted use
P P P P P P P — 18.40
18.10.080
18.12.080
Accessory Dwelling
Unit & Junior
Accessory Dwelling
Unit when
accessory to
primary and
permitted
residential use
P P P P P P P — 18.09
Home Occupations,
when accessory to
permitted
residential use
P P P P P P P P 18.42
Horticulture,
Gardening, and
Growing of food
products for
consumption by
occupants of a site
P P P P P P P —
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Private Clubs,
Lodges, or Fraternal
Organizations,
excluding any such
facility operated as
a business for profit
— — — CUP CUP — — —
Private Educational
Facilities
CUP CUP CUP CUP CUP P P —
Religious
Institutions
CUP CUP CUP CUP P P P —
OFFICE USES(2)
Administrative
Office Services
— — — — P P P — 18.29.050(a)
Medical Offices — — — — P P P — 18.29.050(a)
Professional and
General Business
Offices
— — — — P P P — 18.29.050(a)
PUBLIC/QUASI-PUBLIC USES
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Community Centers CUP CUP CUP CUP — — — CUP
(3)
Utility Facilities
essential to
provision of utility
services but
excluding
construction or
storage yards,
maintenance
facilities, or
corporation yards.
CUP CUP CUP CUP CUP CUP CUP —
RECREATION USES
Neighborhood
Recreational
Centers
— — CUP CUP — — — CUP
(3)
Commercial
Recreation
— — — — CUP CUP CUP CUP
(3)
Outdoor Recreation
Services
CUP CUP CUP CUP — CUP CUP CUP
(3)
Youth Clubs — — — — — — — CUP
(3)
RESIDENTIAL USES
Single-Family P P — — — — — —
Two-Family P P — — — — — — 18.42.180
Multiple-Family — — P P P P P P(4)
Residential Care
Homes
P P P P P P P —
RETAIL USES
Eating and Drinking
Services, except
drive-in and take-
out services
— — P P P P P CUP
(3)
18.40.160,
18.29.050(c)
Personal Services
and Retail Services
of a neighborhood-
serving nature
— — P P P P P CUP
(3)
18.40.160,
18.29. 050(c)
Liquor stores — — — — — P P — 18.40.160,
18.29. 050(c)
SERVICE USES
Animal Care,
excluding boarding
and kennels
— — — — P P P — 18.29. 050(c)
Convalescent
Facilities
— — — CUP P P P —
Day Care Centers CUP CUP CUP P P P P — 18.40.160
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Large Family Day
Care Homes
P P P P P P P P(3)
Small Family Day
Care Homes
P P P P P P P P(3)
Large Adult Day
Care Homes
CUP CUP P P P P P P(3)
Small Adult Day
Care Homes
P P P P P P P P(3)
Financial Services — — — — P P P — 18.29.050(a)
18.29.060(b)
General Business
Services
— — — — P P P — 18.29. 050(a)
18.29.060(b)
Hotels — — — — — P P — 18.40.160,
18.16.060(d)
Personal Services — — — — P P P — 18.40.160,
18.29. 050(c)
18.29.060(b)
AGRICULTURAL AND OPEN SPACE USES
Park uses and uses
incidental to park
operation
— — — — — — — P
All facilities owned
or leased, and
operated or used,
by the City of Palo
Alto, the County of
Santa Clara, the
State of California,
the government of
the United States,
the Palo Alto
Unified School
District, or any
other
governmental
agency, or leased
by any such agency
to another party
— — — — — — — P
Utility Facilities — — — — — — — CUP
TEMPORARY USES
Temporary Uses — — TUP TUP — — — — 18.42.050
Farmer’s Markets — — — — — CUP CUP —
Temporary Parking
Facilities, provided
that such facilities
shall remain no
— — — — — CUP CUP CUP
(3)
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more than five
years
Notes:
(1) For NV-MXL zoning district, the total floor area of non-residential uses permitted and conditionally permitted on a lot shall not exceed 5,000 square feet.
(2) For office uses, total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (3) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other governmental agency, and leased for said uses. (4) Only a 100% Affordable Housing Project is permitted. Development shall follow NV-R4 standards. (5) Ground floor uses shall comply with the ground floor edge framework set forth in NVCAP section
2.3. (a) Office Use Restrictions
(1) Conversion of Ground Floor Housing and Non -Office Commercial to Office Medical, Professional, and Business offices shall not be located on the ground floor, unless any of the following apply to such offices:
(A) Have been continuously in existence in that space since DATE OF ADOPTION OF NVCAP, and as of such date, were neither non -conforming nor in the process of being amortized pursuant to Chapter
18.30(I);
(B) Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on DATE OF ADOPTION OF NVCAP or thereafter;
(C) Occupy a space that was vacant on DATE OF ADOPTION OF NVCAP; or (D) Are located in new or remodeled ground floor area built on or after DATE OF ADOPTION OF NVCAP if the ground floor area devoted to housing, retail services, eating and drinking services, and personal services does not decrease.
(E) Along El Camino Real, the office use has a consistent flow of in-person customers visiting the business, such as a dentist or medical office.
(2) Size Restrictions on Office Uses in the NV District (A) Total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (b) Late Night Use and Activities
Late Night Use and Activities requirements established in Section 18.42.040 shall apply to NV zoning districts.
(c) Active Ground Floor Commercial Uses
The NVCAP requires active ground floor uses along the El Camino Real corridor and encourages active ground floor uses on other designated streets. Active uses are activities and functions that promote social
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engagement, vitality, and interaction within a community. Refer to NVCAP, Section 2.3 for detailed requirements.
(1) Active ground floor commercial uses generally include retail, personal services, neighborhood business service, and eating and drinking establishments. These may also include other active uses such as daycare, building lobbies, spaces accessory to residential uses such as fitness rooms, work spaces, leasing offices, bicycle facilities (Class I) with direct access to the sidewalk. Office uses may be included only to the extent they are permitted in ground floor regulations, are consistent with 18.29.080(a) and have a regular flow of in-person customers.
(2) Ground floor commercial uses are required for properties with frontage along El Camino Real, as shown in the NVCAP Section 2.3 (Ground Floor Edges).
(3) Ground floor commercial uses shall have a minimum floor to ceiling height of 14 feet. (4) Retail or retail-like at the ground floor is required at the intersections of El Camino Real and Olive Avenue, and El Camino Real and Portage Avenue.
(5) 100% affordable housing projects are exempt from providing ground floor commercial uses.
18.29.060 Development Standards
(a) The following tables specify the development standards that shall apply to NV district properties.
Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the refe renced section also apply to the development standard; however, provisions in other sections may apply as well.
TABLE 1: LOW DENSITY RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD NV-R1 NV-R2 Subject to
Regulations
In:
Minimum Setbacks Setback lines imposed by a special
setback map pursuant to Chapter
20.08 of this code may also apply
18.10.050
Street yard (ft) Pepper Ave: Olive Ave: 18.29.020(b)
10’ to create a 10’
12’ effective
sidewalk width
(1)
Olive Ave:
10’
Height (ft) 35’ 35’
Parking None None 18.29.070
Other development standards See regulations
in Chapter 18.12
See regulations
in Chapter 18.10
Notes:
(1) The effective sidewalk width includes the pedestrian clear zone and landscape/furniture zone as described in PAMC 18.24.020.
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TABLE 2: MULTI-FAMILY RESIDENTIAL & MUTLI-FAMILY RESIDENTIAL MIXED-USE DEVELOPMENT
STANDARDS
DEVELOPMENT STANDARD NV-R3 NV-R4 Subject to
Regulations
In:
Minimum Site Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
8,500
70 100
Minimum Setbacks
Street Yard (ft) Park Blvd.: 10’
Ash St: 5’
Acacia Ave: 5’
Portage Ave: 5’
Park Blvd.: 10’
Olive Ave.: 20’
Ash St.: 5’
Page Mill Rd:
sufficient to create a
12’ effective
sidewalk width(2)(3)
18.29.020(b)
Interior Side Yards (ft) 5’ 5’
Interior Rear Yards (ft) 10’ 10’
Build-to-Lines 50% of frontage built to setback(1)
33% of side street built to setback(1)
Maximum Height (ft)
Standard 45’ 65’ 18.29.100
Daylight Plane, for side and rear lot
lines for sites abutting any NV-R1 or
NV-R2 district or abutting a site
containing a single-family or two-
family residential use in a mixed-use
district
10’ initial height
45-degree daylight plane angle
Daylight Plane, for side and rear lot
lines for sites abutting any NV-R3,
NV-R4, Planned Community, or
mixed-use district that does not
contain a single-family or two-family
residential use
Refer to 18.24.050(b)(1)(C)
Maximum Lot Coverage (%)
Base 60 80
Additional area permitted to be
covered by covered patios or
overhangs otherwise in compliance
with all applicable laws
5 5
Floor Area Ratio (FAR)
Maximum Residential FAR 1.5:1 3.0:1
Maximum Non-residential FAR 0.15:1 0.15:1 18.29.050(c)
Total Mixed-Use FAR 1.5:1 3.0:1
Residential Density (net units per acre)
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DEVELOPMENT STANDARD NV-R3 NV-R4 Subject to
Regulations
In:
Maximum units per acre None None
Minimum units per acre 16 61
Minimum Landscape/Open Space
Coverage (%)(4)
30 10
Minimum Usable Open Space (ft2
per unit)
150 150
Minimum Common Open Space (ft2
per unit)
75 75
Minimum Private Open Space (ft2
per unit)
50 50
Landscape Requirements 18.40.130
Parking None Required 18.29.070
Notes:
(1) 25-foot driveway access permitted regardless of frontage. (2) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (3) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (4) Landscape coverage may be provided above the ground-floor.
TABLE 3: MIXED-USE DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARD
NV-MXL NV-MXM NV-MXH Subject to
Regulations
In:
Minimum Site
Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
None Required
Minimum Setbacks
Street Yard (ft) Ash St.: 5’ El Camino Park Blvd: 5’ 18.29.020(b) Olive Ave.: 10’ Real: sufficient El Camino Real:
Portage Ave: 0’ to create a 12’ sufficient to
Pepper Ave: 10’ effective create a 12’
sidewalk
width(1)(2)
El Camino
effective
sidewalk
width(1)(2)
Real: sufficient Oregon
to create a 12’ Expy/Page Mill
effective Rd: sufficient to
sidewalk
width(1)(2)
create a 12’
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DEVELOPMENT
STANDARD
NV-MXL NV-MXM NV-MXH Subject to
Regulations
In:
Pepper: 10’ effective
Olive Ave 10’ sidewalk(1)(2)
Ash St: 5’ Lambert Ave: 5’
Park Blvd: 10’ Acacia Ave: 5’
Lambert Ave: Portage Ave: 5’
5’
Portage Ave: 5’
Acacia Ave: 5’
Build-to-Lines None For properties abutting El Camino
Real:
50% of frontage built to setback(1)
33% of side street built to
setback(1)
Rear Yard (ft) 10’ 10’ for 10’ for residential
residential portion/ none for
portion/ none commercial
for commercial portion
portion
Rear Yard abutting
residential zone district
(ft)
10’ 10’ 10’
Interior Side Yard (ft) 10’ 5’ 5’
Build-to-lines None Required
Permitted Setback
Encroachments
Refer to Section 18.40.070
Maximum Setback (ft) Not applicable El Camino
Real: 10’
El Camino Real:
10’
Maximum Lot Coverage
(%)
50 100 100
Minimum
Landscape/Open Space
Coverage (%)
20 10 10
Usable Open Space
(Private and/or
Common) (ft2)
150 per unit 18.16.090
Maximum Height (ft) 18.29.100
Standard 35’ 55’ 65’
Ground Floor Height Refer to Section 18.24.060(c)(5)(A) Daylight Plane for lot
lines abutting one or
more residential zoning
Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line
districts
Residential Density (net units per acre)
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DEVELOPMENT
STANDARD
NV-MXL NV-MXM NV-MXH Subject to
Regulations
In:
Maximum units per
acre
None Required
Minimum units per acre 3 31 61
Floor Area Ratio (FAR)
Maximum Residential
FAR
0.5:1 2.0:1 3.0:1
Maximum Non-
residential FAR(4)
0.25:1 0.25:1 0.25:1 18.29.050(c)
18.29.060(c)
Minimum Mixed-Use
Ground Floor Commercial
FAR
0.15:1 0.15:1 0.15:1 18.29.050(c)
Total Mixed-Use FAR 0.5:1(4) 2.0:1 3.0:1
Parking None Required 18.29.070
Notes:
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (3) The 150-foot measurement may be reduced to 50 feet at minimum, subject to approval by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76.
(4) As provided in 18.29.060(c), maximum FAR for hotels shall be 2.0:1. Hotel projects in the NV-MXL zone may reach a Total Mixed-Use FAR of 2.0:1.
TABLE 4: PUBLIC FACILITIES DEVELOPMENT STANDARDS(1)
DEVELOPMENT STANDARD NV-PF Subject to
Regulations
In:
Minimum Setbacks
Street Yard (ft) Portage Ave: 0’
Park Blvd: 10’
Lambert Ave: 5’
18.29.020(b)
Rear Yard (ft) 10’ 18.40.140
Side Yard (ft) 5’
Maximum Site Coverage (%)
Multiple-Family Residential Use
Other Uses
100
20 Minimum Landscape/Open Space Coverage (%)
Multiple-Family Residential Use
Other Uses
0 Not applicable
Usable Open Space (Private and/or Common) (ft2)
Multiple-Family Residential Use 150 per unit
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DEVELOPMENT STANDARD NV-PF Subject to
Regulations
In:
Maximum Height (ft)
Multiple-Family Residential Use
Other Uses
65’
18.29.100
Maximum Floor Area Ratio (FAR)
Multiple-Family Residential Use
Other Uses
3.0:1
1.0:1
Parking 18.29.070
Notes:
(1) Residential standards in this table shall only be applicable to 100% Affordable Housing Projects. For standards not listed in Table 4 for 100% Affordable Housing Projects in NV-PF, refer to applicable NV- R4 development standards in PAMC 18.29.060, Table 2.
(b) Storefront Guidelines
Where active use and retail frontages are required or located within the NV district on the ground floor, the following design standards shall apply:
(1) Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low -e glass or minimal tinting to achieve sun control is permitted, so long as the glazing appears transparent when viewed from the ground level.
(2) Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk- facing frontage shall include items of visual interest including displays of merchandise or artwork; visual access shall be provided to a minimum depth of three (3) feet. (3) No more than 10% of the total street- facing building façade or a maximum of 25 feet in width, whichever is greater, shall be dedicated to mechanical equipment rooms, parking garage entrances, exit stairs, and other facilities necessary for building operation. (c) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels more than floor area limitations for other commercial uses, to provide a visi tor-serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city.
(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations:
(A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the
Palo Alto Municipal Code; and
(B) No room stays more than thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues. (3) Hotels may include residential condominium use, subject to:
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(A) No more than twenty-five percent (25%) of the floor area shall be devoted to condominium use; and
(B) No more than twenty-five percent (25%) of the total number of lodging units shall be devoted to condominium use; and
(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and (D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty (30) days.
(4) Violation of this chapter is subject to enforcement action for stays more than thirty days not permitted under the provisions of this chapter, in which case each day of room stay more than thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters
1.12 and 1.16.
18.29.070 Parking and Loading
In accordance with Assembly Bill 2097 (2022), no minimum automobile parking is required for properties within the NV Districts except for projects including transient lodging. There are no maximum parking standards. Standards for transient lodging and other parking standards, such as bicycle parking, and parking design standards are contained within PAMC Chapters 18.52 and 18.54.
18.29.080 Context-Based Design Criteria and Objective Design Standards In addition to the development standards prescribed in 18.29.050, all Housing Development Projects shall comply with the objective standards outlined in Chapter 18.24, as defined herein. 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. In the event of any conflict between the d evelopment standards established in this Chapter and those established in Chapter 18.24, the NVCAP standards shall prevail. (a) Multiple Family Context-Based Design Criteria
Refer to Section 18.13.060 for the Context Based Design Criteria. (b) Mixed-Use and Commercial Context-Based Design Criteria Refer to Section 18.16.090 for the Context Based Design Criteria.
18.29.090 Housing Incentive Programs for NV District
(a) Housing development projects in the NV Districts may utilize any Housing Incentive Program or Affordable Housing Incentive Program set forth in Sections 18.14.030 and 18.14.040.
18.29.100 Non-conforming Uses and Non-Complying Facilities Any uses or facilities rendered non- conforming or non -complying by this Chapter shall be subject to Chapter 18.70, including the schedules for required termination of non -conforming uses under Section
18.70.070.
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18.29.110 Transportation Demand Management Plan
A transportation demand management plan shall be required for all new development projects or any projects that meet the conditions listed in PAMC Section 18.52.030(i).
SECTION 2. Table 1 of Section 18.14.020 (Housing Element Opportunity Sites) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined):
Table 1
Housing Element Opportunity Site Development Standards
(Residential and Commercial Mixed Use Districts)
Base Zoning
District
Maximum Far(1) Minimum
Landscape
Coverage
Residential Density
(du/ac)(4)
Other
Development
Standards
Residential Total Minimum Maximum
CC(2) 1.5 2.0 (3) 20 See base
district
See base district
regulations:
CC 1.25 1.25 (3) 20 regulation
s: 18.16.0
60 18.16.060
CS (El Camino
Real)
1.25 1.25 (3) 20
CS (Other) 1.25 1.25 (3) 20 See HE
Appendix
D
CN (El Camino 1.25 1.25 30%(3) 20 See base
Real) district
regulation
s: 18.16.0
60 CN (Other) 1.25 1.25 30%(3) 20 See HE
Appendix
D
CD-C 2.0 2.0 (2) (3) 20 See base See base district
district regulations:
regulation
s: 18.18.0 18.18.060
60 NOT YET APPROVED
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CD-N 1.5 1.5 (3) 20 See HE
Appendix
D
RP 1.25 1.25 (3) 25 None; 40
du/ac
anticipate d
See base district
regulations:
18.20.040
RM-40 1.5 1.5 (3) 31 See HE
Appendix
See base district
regulations:
RM-30 1.25 1.25 (3) 20 D
18.13.040
RM-20 1.25 1.25 See 18.13.0
40 20
NV-R3 See base district regulations: 18.29.060, except that maximum height shall be 50’, maximum lot coverage shall be 70%, and minimum density shall be 25 du/ac.
Notes:
(1) Nothing in this table increases the non-residential floor area permitted in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regulations.
(4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by estimating the realistic development capacity of the site based on the objective development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densities.
SECTION 3. Section 18.24.010 (Purpose and Applicability) of Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses):
18.24.010 Purpose and Applicability
(a) Purpose
[. . .]
(b) Applicability of Regulations
These regulations apply to new construction and renovations of Housing Development Projects (as defined in Gov. Code 65589.5, but excluding projects compromised of single- or two-family uses with one or more ADUs), including supportive and transitional housing, and residential mixed-use projects with at least two-thirds residential square footage. Regulations
NOT YET APPROVED
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apply both new construction and renovations, within the following zones and combining districts:
(1) C hapter 18.12: R-1, for multiple-family uses only (2) Chapter 18.13: RM-20, RM-30, RM-40
(23) Chapter 18.16: CN, CC, CC(2), CS
(34) Chapter 18.18: CD-C, CD-S, CD-N
(45) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM
(56) Chapter 18.28: PF
(7) Chapter 18.29: NV-N3, NV-R4, NV-MXM, NV-MXH
(68) Chapter 18.34: PTOD combining district
Housing Development Projects include multifamily housing with three or more units ("multiple- family use" as defined in Section 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.
(c) Process and Alternative Compliance
[. . .]
SECTION 4. Section 16.65.030 (Basic affordable housing requirement - residential ownership projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows ( additions underlined, and unchanged text omitted by bracketed ellipses):
16.65.030 Basic affordable housing requirement - residential ownership projects.
The provisions of this section shall apply to all residential ownership projects, including the residential ownership portion of any mixed use project containing three or more units, except for any residential ownership project exempt under Section 16.65.025. (a) Unless an alternative is approved as described in Section 16.65.080, residential ownership projects shall provide the following:
(1) For projects on sites of less than five acres, fifteen percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households;
(2) For projects on sites of five acres or more and all townhome projects in the NV districts, twenty percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; and
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(3) For projects that convert existing rental housing to condominiums, other residential ownership or nonresidential space or that remove existing rental housing, twenty-five percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households.
(4) Calculations of the number of affordable units required by this section shall be based on the number of dwelling units in the residential project, excluding any density bonus units.
Projects shall not receive a credit for any existing dwelling units demolished as part of the project. (b) The affordable units shall be made available at the following affordable sales prices:
[. . .]
SECTION 5. Section 16.65.040 (Basic requirement - mixed use, nonresidential and residential rental projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows (additions underlined; deletions struck- through):
16.65.040 Basic requirement - mixed use, nonresidential and residential rental projects. (a) Unless the mixed use, nonresidential or residential rental project is exempt under Section 16.65.025 or an alternative is approved as described in Section 16.65.080, all mixed use, nonresidential and residential rental projects shall pay housing impact fees as spec ified in Section 16.65.060 to mitigate the projects' impacts on the need for affordable housing; except:
(1) that theThe residential ownership portion of a mixed use project containing three or more units shall comply with Section 16.65.030.
(2) In the NV districts, residential rental projects, including mixed use projects containing residential rental units, shall provide fifteen percent of the dwelling units in the project at rates affordable to lower income households.
SECTION 6 . Pipeline Projects. This Ordinance and the NVCAP shall not apply to any project application deemed complete prior to the effective date of this Ordinance. Any project completed pursuant to such application shall be deemed a legal non-conforming structure and/or use, subject to the provisions of Palo Alto Municipal Code Chapter 18.70.
SECTION 7. On XXXX, 2024, the City Council adopted Resolution No. XXXX, certifying the NVCAP Supplemental Environmental Impact Report (SEIR) to the Final Environmental Impact Report for the 2030 Palo Alto Comprehensive Plan, and making required findings, including a statement of overriding considerations.
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SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordina nce 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 9. Ef
fective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption (second reading).
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Planning and
Development Services