From: Kristi Bascom
To: Kou, Lydia; Stone, Greer; Burt, Patrick; Lauing, Ed; Lythcott-Haims, Julie; Tanaka, Greg; [email protected]; Clerk, City
Cc: Sharlene Carlson; [email protected]; Julie Baskind; Laura D. Beaton Subject: Request for action on 11/13/2023 City Council Meeting Agenda Item 9 Date: Tuesday, November 7, 2023 12:56:44 PM
Attachments: image001.png
PAR letter to PACC re Agenda Item 9 for 11.13.2023.pdf
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Dear Honorable Mayor and Councilmembers,
Please accept the attached request for Council action on Item #9 on the 11/13/2023 City Council agenda (Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18).
We represent the Palo Alto Redwoods Homeowner’s Association (PAR), a community of 117 market rate and affordable condominiums located at 4250 El Camino Real.
For some
time, PAR has been exploring ways to ensure that their wholly-residential community receives protection from the impacts of neighboring commercial uses such as late night noise, impacts to privacy, and protection of the daylight plane.
To achieve this goal for
PAR, and to also benefit other existing and future residential communities in the City facing similar issues, we have identified a few minor zoning text amendments.
The details are
explained in the attached letter, but in short, PAR is requesting Council’s support to supplement the zoning text amendments proposed by Staff in Agenda Item #9 with the additional language we’re proposing.
We believe our amendments can be added to the
Ordinance that the Council is considering for adoption which is already amending relevant sections of Title 18.
We believe these additional amendments can help demonstrate Palo Alto’s commitment to supporting residential neighborhoods.
Thank you in advance for your consideration.
Sincerely,
Kristi Bascom
Kristi Bascom
Urban Planner
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102-4421
p: 415/552-7272 x 202 | c:
925/872-6327
www.smwlaw.com | A San Francisco Green Business
November 7, 2023
Via Electronic Mail Only
Honorable Mayor Lydia Kou and Members of the City Council City of Palo Alto
E-Mail: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
Re: 11/13/2023 City Council Meeting Agenda Item 9: Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including:
1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18
Dear Honorable Mayor and Members of the Palo Alto City Council:
I am writing on behalf of the Palo Alto Redwoods Homeowners Association (“PAR”) to propose a few minor but important revisions to the Title 18 Zoning Ordinance Amendment you are considering at the Council meeting on November 13, 2023. These revisions will help ensure that higher density housing constructed on properties zoned for commercial uses will be treated like the residential uses they are. These proposed revisions will apply to new housing development as well as existing residential properties that have been built in commercial zones.
The revisions will demonstrate Palo Alto’s commitment to ensuring that new neighborhoods – often created in non-traditional areas – are buffered from impacts created by commercial neighbors such as noise, reduction in access to daylight, and impacts to privacy.
The specific zoning ordinance revisions proposed by PAR are shown in redline in Attachments 1 and 2 to this letter. Generally speaking, the text revisions extend protections that currently apply to “residentially zoned property” and apply them to “exclusively residential uses” as well. This means that whether a property is zoned residential, commercial, or mixed use, if the property is developed with a wholly residential use, it will be provided the same protection from inadvertent impacts. The proposed amendments are to PAMC Section 18.16.040(b), which protects residential uses from the impacts of late night activities, and to PAMC Section
18.16.060, which includes development standards for mixed-use and non-residential uses including requirements for setbacks, building height, and daylight plane.
Honorable Mayor Lydia Kou and Members of the City Council November 7, 2023
The proposed changes would not only provide these basic protections to the Palo Alto Redwoods community, but it would also apply other existing residential communities. Likewise, it would apply to the thousands of future residential units that the City is incentivizing through implementation of the Housing Element, many of which are likely to be sited on commercially- zoned land. Simply put, it is most fair and efficient to treat all exclusively residential properties similarly. Further, not adopting the changes could easily result in an increased burden on the City when future residents on commercially-zoned properties appeal or otherwise contest adjacent commercial development to try to get the same projections that residentially-zoned properties enjoy.
In light of the City’s current efforts to update its zoning code, PAR believes this is an ideal opportunity for the City to consider these minor changes. We submitted a letter to the Planning and Transportation Commission when they reviewed the Ordinance Amending the Palo Alto Municipal Code Title 18 (Zoning) to Implement Housing Element Programs 1.1A and 1.1B at their meeting on October 11, 2023 and asked for their consideration, but they were not able to act on the request (see Attachment 3). The City Council, however, can choose to do so. PAMC Section 18.80.100 (Action by City Council) states: “After consideration of the recommendation of the planning commission, and the completion of a public hearing, if any, the council may approve, modify, or disapprove the proposed change of-district boundaries or change of any other provisions of this title. Should the council determine that a change of district boundaries or change of any other provisions of this title shall be appropriate, such change shall be accomplished by ordinance.” Therefore, PAR respectfully requests that the City Council incorporates these additional zoning text amendments into the Title 18 ordinance being considered in Item 9 at the November 13, 2023 public hearing.
We believe that PAR’s proposed amendments are covered under the public noticing completed for Item 9, as it broadly described the project as an “Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18.” The amendments proposed by PAR fit within this description. Furthermore, PAR’s proposed text amendments will not result in an increase in housing production or other impacts beyond the text amendments already identified by City Staff. We believe that the CEQA documentation identified in the staff report that covers the proposed Amendments to Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) will cover these additional text amendments as well and no additional CEQA documentation should be required.
We believe that these requested amendments are aligned with the Housing Element efforts the City is currently implementing and are not incongruous with the zoning ordinance amendments the City Council is considering in Item 9. If PAR had to apply for this zoning text
Honorable Mayor Lydia Kou and Members of the City Council November 7, 2023
amendment in a separate process, the cost would be at least $30,0001, and would involve additional City Staff time and effort to process the application. Because these amendments will benefit all exclusively residential uses that have been, or will be, developed on commercially- zoned land and are adjacent to commercial properties, it seems reasonable to think that the City Council would prefer to incorporate these minor changes now.
If the City Council decides to not incorporate the proposed revisions at this time, PAR requests that the Council direct staff to study and initiate amendments to Sections 18.16.040(b) and 18.16.060 to incorporate the changes shown in Attachments 1 and 2. PAMC Sections
18.80.080 (a) and (b) allows the Council to make a motion to initiate changes to the provisions of Title 18 of their own accord.
On behalf of PAR, we truly appreciate the City Council’s consideration of this request to incorporate the text amendments shown in Attachments 1 and 2 into the Title 18 Zoning Ordinance Amendment being considered at the November 13, 2023 public hearing. Please do not hesitate to contact me if you have any questions regarding this request or if we can provide any further information that will help with the City Council’s decision. We look forward to the Council’s discussion and deliberations at the meeting on the 13th.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Kristi T. Bascom, AICP
Urban Planner
Attachments:
1: Proposed revisions to PAMC Section 18.16.040(b)
2: Proposed revisions to PAMC Section 18.16.060
3: Letter submitted by PAR to the Planning and Transportation Commission dated October 10, 2023
1710592.2
1 According to the City’s Fee Schedule: $4,484.53 deposit for the prescreening, $1,345.00 public noticing fee, $9,144.54 deposit for Zone Change (Regular and Text Amendments), and $14,957.00 for the legal review of legislative/zone change. The schedule also notes that “all fees will be recovered”, so those that are a deposit are likely to increase with no cap to the potential costs incurred by the Applicant.
1 18.16.040 Land Uses
(b) Late Night Use and Activities
The following regulations restrict businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of residentially zoned properties or properties with exclusively residential uses.
(1) Such businesses shall be operated in a manner to protect re sidential properties from excessive noise, odors, lighting or other nuisances from any sources during those hours.
(2) For properties located in the CN or CS zone districts, busi nesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure that the operations or activities are compatible with the nearby residentially zoned property or property developed with exclusively residential uses.
1 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 development services, pursuant to Section 18.76.020.
Table 3
Exclusively Non-residential Development Standards
CN CC CC(2) CS Subject to regulations
in Section
Minimum Site
Specifications
Site Area (ft 2 )
Site Width (ft)
Site Depth (ft)
None required
Minimum Setbacks
Front Yard (ft)
0 - 10' to
create an 8'
- 12'
effective
sidewalk
width (1),
(2), (8)
None
Required
(8)
0 - 10' to
create an
8' - 12'
effective
sidewalk
width (1),
(2), (8)
0 - 10' to
create an
8' - 12'
effective
sidewalk
width (1),
(2), (8)
Setback lines imposed
by a special setback
map pursuant to
Chapter 20.08 of this
code
Rear Yard (ft)
None required
Interior Side Yard (ft)
Street Side Yard (ft) 20' (2) None required
Minimum Yard (ft) for lot
lines abutting or opposite
residential districts or
residential PC districts or
properties developed with
exclusively residential
uses
10’ (2) 10’ (2) 10’ (2) 10’ (2)
2 CN CC CC(2) CS Subject to regulations
in Section
Build-To-Lines 50% of frontage built to setback (7)
33% of side street built to setback (7)
Minimum setbacks from
alleys for structures other
than public parking
garages (ft) (3)
Corner lots, from rear lot
line on the alley
Not applicable
8’
Not
applicable
Corner lots, from side lot
line on the alley None
All lots other than corner
lots 20’
Maximum Site Coverage 50% None required
Maximum Height (ft)
18.08.030
Standard
25' and 2
stories
50’ 37’ (4) 50’
Portions of a site within
150 ft. of an abutting
residential district (other
than a PC zone) or within
150 ft. of an abutting
property developed with
exclusively residential
uses. (9)
35’ 35’ 35’
Maximum Floor Area
Ratio (FAR) 0.4:1 2.0:1 0.4:1 18.18.060(e)
Maximum Floor Area
Ratio (FAR) for Hotels N/A - (5) 2.0:1 2.0:1 18.18.060(d) Daylight Plane for lot
lines abutting one or
more residential zone
districts other than an
RM-40 or PC zone or for
lot lines abutting a
property developed with
3 CN CC CC(2) CS Subject to regulations
in Section
exclusively residential
uses.
Initial Height at side or
rear lot line (ft) - (6) - (6) - (6) - (6)
Slope - (6) - (6) - (6) - (6)
(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) No setback from an alley is required for a public parking garage. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane.
(5) See additional regulations in subsection (e) of this Section 18.16.050. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.
(7) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to CC district.
(8) A 12-foot sidewalk width is required along El Camino Real frontage. (9) Distance shall be measured from the property line of the subject site. 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. (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 development services, pursuant to Section 18.76.020.
4 Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to regulations
in:
Minimum Site
Specifications
Site Area (ft2)
None required
Site Width (ft)
Site Depth (ft)
Minimum Setbacks
Setback lines imposed
by a special setback
map pursuant to
Chapter 20.08 of this
code may apply
Front Yard (ft)
0' - 10' to
create an 8'
- 12'
effective
sidewalk
width (8)
None
Required
(8)
0' - 10' to
create an
8' - 12'
effective
sidewalk
width (8)
0' - 10' to
create an
8' - 12'
effective
sidewalk
width (8)
Rear Yard (ft) 10' for residential portion; no requirement for commercial portion
Rear Yard abutting
residential zone district or
a property developed with
exclusively residential
uses (ft)
10’
Interior Side Yard if
abutting residential zone
district or a property
developed with
exclusively residential
uses (ft)
10’
Street Side Yard (ft) 5’
Built-to-Lines 50% of frontage built to setback (1)
33% of side street built to setback (1)
Permitted Setback
Encroachments
Balconies, awnings, porches, stairways, and similar
elements may extend up to 6' into the setback.
Cornices, eaves, fireplaces, and similar architectural
features (excluding flat or continuous walls or
enclosures of interior space) may extend up to 4' into
the front and rear setbacks and up to 3' into interior
side setbacks
Maximum Site Coverage 50% 50% 100% 50%
Minimum
Landscape/Open Space
Coverage
35% 30% 20% 30%
5 CN CC CC(2) CS Subject to regulations
in:
Usable Open Space
(Private and/or
Common)
150 sq ft per unit (2) 18.16.090
Maximum Height (ft)
Standard 35’ (4) 50’ 37’ 50’
Portions of a site within
150 ft. of an abutting
residential district (other
than an RM-40 or PC zone)
or within 150 ft of an
abutting property
developed with
exclusively residential
uses.
35’ 35’ 35’ 35’ 18.08.030
Daylight Plane for lot
lines abutting one or
more residential zoning
districts or abutting a
property developed with
exclusively residential
uses.
Daylight plane height and slope shall be identical to
those of the most restrictive residential zoning
district abutting the lot line. If no residential zoning district abuts the lot line, the daylight plane and
slope shall be identical to that of any exclusively
residential use abutting the lot line.
Residential Density
(net)(3) 15 or 20 (9)
See sub-
section (e)
below
No
maximum
30 18.16.060(i)
Sites on El Camino Real No
maximum
No
maximum
Sites on San Antonia Rd
between Middlefield Rd
and E. Charleston Rd.
15 or 20 (9) No
maximum
Maximum Residential
Floor Area Ratio (FAR) 0.5:1(4) 0.6:1 0.6:1 18.16.065
Maximum
Nonresidential Floor
Area Ratio (FAR)
0.4:1 2.0:1 0.4:1
Total Mixed Use Floor
Area Ratio (FAR) 0.9:1 (4) 2.0:1 1.0:1 18.16.065
Minimum Mixed Use
Ground Floor Commercial
FAR(6)
0.15:1 (10)
0.15:1
(10)
0.25:1 (7)
(10)
0.15:1
(10)
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54 (1) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to CC district.
(2) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space except as provided below); (3) minimum private open space dimension six feet; and (4) minimum common open space dimension twelve feet.
6 For 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, rooftop gardens may qualify as usable open space and may count as up to 60% of the required usable open space for the residential component of a project. In order to qualify as usable open space, the rooftop garden shall meet the requirements set forth in Section 18.40.230.
(3) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use.
(4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the FAR may increase to a maximum of 1.0:1 (0.5:1 for nonresidential, 0.5:1 for residential). (5) Distance shall be measured from the property line of the subject site. 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. (6) Ground floor commercial uses generally include retail, personal services, hotels and eating and drinking establishments. Office uses may be included only to the extent they are permitted in ground floor regulations.
(7) If located in the California Avenue Parking Assessment District. (8) A 12-foot sidewalk width is required along El Camino Real frontage. (9) Residential densities up to 20 units/acre are allowed on CN zoned housing inventory sites identified in the Housing Element. Other CN zoned sites not located on El Camino Real are subject to a maximum residential density of up to 15 units/acre. (10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no minimum mixed use ground floor commercial FAR for a residential project, except to the extent that the retail preservation requirements of Section 18.40.180 or the retail shopping (R) combining district (Chapter 18.30(A)) applies.
October 10, 2023
Via Electronic Mail Only
Jonathan Lait, Planning Director
City of Palo Alto
E-Mail: [email protected]
City of Palo Alto Planning & Transportation Commission
E-Mail: [email protected]
Re: Proposed Changes to the Palo Alto Zoning Code to Incorporate Residential Protections for the Palo Alto Redwoods Community
Dear Mr. Lait and Planning and Transportation Commissioners:
I am writing on behalf of the Palo Alto Redwoods Homeowners Association (“PAR”) to suggest a few minor but important updates to the City’s zoning code. The 117-unit Palo Alto Redwoods condominium complex located at 4250 El Camino Real, includes a diverse group of residents, with both market-rate and deed-restricted below- market-rate homes.
As you may be aware, the land where Palo Alto Redwoods is located is currently zoned as commercial. The land surrounding Palo Alto Redwoods is also zoned as commercial. Consequently, Palo Alto Redwoods – despite being a property with only residential uses – does not enjoy some of the protections that other residentially zoned properties in Palo Alto receive with respect to buffering of incompatible land uses.
PAR has explored rezoning the land where Palo Alto Redwoods is located to a high-density residential district, which would allow the community to benefit from the zoning code’s buffering protections. But City staff informed PAR in February of this year that the rezoning process could potentially cost thousands of dollars with no guarantee of success.
In light of the City’s current efforts to review its zoning code, however, PAR believes there is an opportunity for the City to consider some minor changes that could
Jonathan Lait
October 10, 2023
benefit Palo Alto Redwoods and similarly situated communities. These changes would afford our residents many of the protections that the City’s other residentially zoned properties currently enjoy.
I have reviewed the City’s zoning code and identified two sections of the Municipal Code that that could be revised to achieve PAR’s goals with minimal changes.
These sections currently set standards for hours of operation, minimum setbacks, building height, and daylight plane for commercially zoned properties located close to residentially zoned land. By changing the refences in these code sections from “residential zoning” to “residential uses,” the zoning code would provide Palo Alto Redwoods residents similar protections as other residential zones, even though Palo Alto Redwoods is located on commercially zoned land.
This proposed change would not only provide basic protections to the Palo Alto Redwoods community. It would likewise benefit other existing and the 6,000 to 20,000 future residential properties that the City will be approving through implementation of the housing element, which are likely to be sited on commercially-zoned land. By including PAR’s proposed change in the City’s upcoming zoning changes, it would support residential uses in commercial zones by ensuring that such residential developments enjoy the same protections as residential uses on residentially zoned land. Further, not adopting the changes could easily result in an increased burden on the City when future residents on commercially zoned properties appeal or otherwise contest adjacent commercial development to try to get the same projections that residentially zoned properties enjoy. Simply put, it is most fair and efficient to treat all residential properties similarly.
I have attached redlined versions containing proposed changes to the two referenced code sections—section 18.16.040, governing hours of operation, and section
18.16.060, governing building setbacks, building height, and daylight plane. We appreciate the Planning Commission’s consideration of these changes and hope the Commission will include these minor amendments with other the other zoning changes it is currently considering.
Please do not hesitate to contact me if you have any questions or if I can provide any further information.
Jonathan Lait
October 10, 2023
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Kristi T. Bascom, Urban Planner