(a) Purpose
A home improvement exception ("HIE") enables a home improvement or minor addition to an existing single-family or two-family home, or accessory structure, or both, to be consistent with the existing architectural style of the house or neighborhood, to accommodate a significant or protected tree, or to protect the integrity of a historic structure in conformance with the Secretary of the Interior's Standards for Historic Rehabilitation. By enabling adaptive reuse of existing buildings, the home improvement exception promotes retention of existing houses within the city.
(b) Applicability
A home improvement exception may be granted as part of a proposed improvement or addition to an existing single-family or two-family structure, or accessory structure, or both, in the RE, R-1, RMD, or R-2 district, as limited in subsection (c). A home improvement exception may be granted as described in subsections (1) through (16) of subsection (c), but may not exceed the limits set forth in those subsections. In order to qualify for a home improvement exception, the project must retain at least 75% of the existing exterior walls, including exterior finishes such as siding or cladding.
(c) Limits of the Home Improvement Exception
A home improvement exception may be granted only for one or more of the following, not to exceed the specified limits:
(1) To allow up to 100 square feet of floor area more than the maximum square footage allowed on the site by the applicable zoning district regulations except when an exception is granted under subsection (c)(10) for residences designated as historic structures.
(2) To allow the primary building to encroach up to 4 feet into a required front yard setback.
(3) To allow the primary building to encroach up to 3 feet into a required rear yard setback.
(4) To allow the primary building to encroach up to 2 feet into a required interior side yard setback.
(5) To allow the primary building to encroach up to 6 feet into a required street side yard setback (no closer than 10 feet to the property line).
(6) To allow a basement to encroach, along with above grade floor area, as set forth in items 2, 3, 4, or 5.
(7) To allow an encroaching dormer, roof deck, gable, or similar architectural feature to exceed 24 feet in height by up to three feet.
(8) To allow a single dormer, roof deck, gable, or similar architectural feature that encroaches into the rear daylight plane to exceed 7.5 feet in length. In no event shall the maximum length exceed 15 feet.
(9) To permit a site with an existing two-story structure to exceed lot coverage requirements in order to locate remaining available FAR for the site on the first floor.
(10) For any residence designated on the city's Historic Inventory as a Category 1 through 4 historic structure as defined in Section 16.49.020 of the Palo Alto Municipal Code or any contributing structure within a locally designated historic district, to allow up to 250 square feet of floor area in excess of that allowed on the site, provided that any requested addition or exterior modifications associated with the HIE shall be in substantial conformance with the Secretary of the Interior's Standards for Historic Rehabilitation. The property owner who is granted a home improvement exception under this subsection (10) shall be required to sign and record a covenant against the property, acceptable to the city attorney, which requires that the property be maintained in accordance with the Secretary of the Interior's Standards for Historic Rehabilitation.
(11) To allow a legal non-conforming building wall that is between 3.5 and 5 feet from the side lot line to be extended up to one-quarter of the length of the existing wall or ten feet, whichever is shorter.
(12) To allow a horizontal extension (pursuant to Section 18.12.050(a) (Setback/Yard Encroachments and Projections) of a portion of an existing legal nonconforming building wall that is more than twelve feet above grade. Such horizontal extensions must remain within the height and daylight plane limits for the district unless an HIE or variance for a height or daylight plane encroachment is granted.
(13) To allow an increase in the height of an existing legally non-conforming building wall that encroaches into a setback. Such vertical extensions must remain within the height and daylight plane limits for the district unless an HIE or variance for a height or daylight plane encroachment is granted.
(14) To allow, for single-story accessory structures within rear and/or side setbacks, one or more of the following:
(A) On a corner lot, a detached accessory structure may be as close as ten feet from the street side property line. For detached garages and carports, the exception may be granted as long as a minimum dimension of 18 feet remains between the back of sidewalk and face of the garage or carport supports.
(B) Four feet additional height above the twelve foot maximum height, as long as the side daylight plane is met.
(C) A rear daylight plane encroachment of up to three feet.
(15) To allow similar minor exceptions, when determined by the director to be similar in magnitude and scope to those listed in subsections (1) through (14) above. Provided, under no circumstances may such exceptions exceed the limits established in subsections (1) through (14) above.
(16) To allow Electrification Equipment to exceed the noise ordinance standards set forth in Section 9.10.030(c).
(d) Findings
Neither the director, nor the city council on appeal, shall grant a home improvement exception unless it is found that:
(1) The granting of the application is desirable for the preservation of an existing architectural style, neighborhood character, protected tree as defined in Chapter 8.10, or other significant tree, or of a residence that is designated on the city's Historic Inventory as a Category 1 or Category 2 historic structure as defined in Section 16.49.020 of the Palo Alto Municipal Code, or any contributing structure within a locally designated historic district, which would not otherwise be accomplished through the strict application of the regulations; and
(2) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience; and
(3) The exception is being granted based on characteristics of the property and improvements on the property, rather than the personal circumstances of the applicant, and is the minimum exception necessary for the project to fulfill the purposes of subsection (a).
(e) Conditions
In granting home improvement exceptions, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title (Zoning).
(f) Application Review and Action
Applications for home improvement exceptions shall be reviewed and acted upon as set forth in Section 18.77.075.
(Ord. 5601 § 3 (part), 2023: Ord. 5432 § 6 (part), 2018: Ord. 5373 § 9 (part), 2016; Ord. 4869 § 14 (Exh. A [part]), 2005)