(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
Exclusively Non-residential Development Standards
CN | CC | CC(2) | CS | Subject to regulations in Section |
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 | 10'
(2) | 10'
(2) | 10'
(2) | 10'
(2) | |
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) | |||||
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) (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 | |||||
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, except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020. 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.
Table 4
Mixed Use and Residential Development Standards
Mixed Use and Residential Development Standards
CN | CC | CC(2) | CS | Subject to regulations in: |
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 sidewal k width (8) | |
Rear Yard (ft) | 10' for residential portion; no requirement for commercial portion | ||||
Rear Yard abutting residential zone district (ft) | 10' | ||||
Interior Side Yard if abutting residential zone district (ft) | 10' | ||||
Street Side Yard (ft) | 5' | ||||
Build-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% | |
Usable Open Space (Private and/or Common) | 150 sq ft per unit (2) | ||||
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) (5) | 35' | 35'
|
35'
|
35'
| |
Daylight Plane for lot lines abutting one or more residential zoning districts |
Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district 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 | |||
Maximum Residential Floor Area Ratio (FAR) | 0.5:1(4) |
0.6:1 | 0.6:1 | ||
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 | ||
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.
For CN and CS sites on El Camino Real, CS sites on San Antonio Road between Middlefield Road and East Charleston Road 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.
(1) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses.
(2) Residential mixed use development is prohibited on any site designated with an Automobile Dealership (AD) Combining District overlay.
(c) Exclusively Residential Uses
Exclusively residential uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites identified in the Housing Element, subject to the standards in Section 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following.
(1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preservation provisions of Section 18.40.180 do not apply, exclusively residential uses are allowed subject to the standards in Section 18.16.060(b) and the following additional requirements:
(A) Residential units shall not be permitted on the ground-floor of development fronting on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effective sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permitted on the ground-floor El Camino Real frontage.
(B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail.
(C) Combining district use regulations and design and development standards shall not apply to exclusively residential projects on Housing Element opportunity sites designated to accommodate lower income households. See Section 18.14.020 for details.
(d) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels in excess of floor area limitations for other commercial uses, in order to provide a visitor-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 in excess of 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:
(A) No more than twenty-five percent of the floor area shall be devoted to condominium use; and
(B) No more than twenty-five percent 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 days.
(4) Violation of this chapter is subject to enforcement action for stays in excess of thirty days not permitted under the provisions of this chapter, in which case each day of room stay in excess of thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16.
(e) CC District Shopping Center Floor Area Ratio Regulations
(1) The maximum floor area ratio for the Town and Country Village Shopping Center shall be .35 to 1; and office uses at said shopping center shall be limited to 15% of the floor area of the shopping center existing as of August 1, 1989. Hotel use shall not be included as part of the .35 to 1 maximum floor area ratio, but shall not exceed an additional .25 to 1 floor area ratio, for a maximum site floor area ratio of .60 to 1.
(2) The maximum floor area ratio for mixed use development for the Town and Country Village Shopping Center shall be limited to .50 to 1; provided that no more than .35 to 1 floor area shall be nonresidential, consistent with part (1) above, and not more than .15 to 1 floor area shall be residential.
(3) Stanford Shopping Center shall not be permitted to add more than 80,000 square feet of floor area to the total amount of floor area of the shopping center existing as of June 14, 1996, 1,332,362 square feet, for a total square footage not to exceed 1,412,362. Any hotel or mixed use development for the Stanford Shopping Center shall only be included if approved as part of a Development Agreement for the site.
(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
MAXIMUM SIZE OF ESTABLISHMENT
Type of Establishment | Maximum Size (ft
2
) |
Personal Services | 3,000 |
Retail services, except grocery stores | 15,000 |
Grocery stores | 20,000 |
Eating and drinking services | 5,000 |
Neighborhood business services | 3,000 |
(g) Nuisances Prohibited
All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.
(h) Outdoor Sales and Storage
(1) In the CN district, 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 no more than 500 square feet of exterior sales and display area,
(B) Farmers’ markets that have obtained a conditional use permit, and
(C) Recycling centers that have obtained a conditional use permit.
(D) Parklets that have obtained a permit per PAMC Chapter 12.11.
(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, including parklets permitted under PAMC Chapter 12.11,
(iii) Farmers’ markets that 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; parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.
(C) Exterior storage shall be prohibited, except as provided under subparagraph (A)(iv) of this subsection.
(3) In the CS district, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services 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. Parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.
(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.
(i) (Reserved)
(j) Employee Showers
Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 6.
TABLE 6
EMPLOYEE SHOWERS REQUIRED
EMPLOYEE SHOWERS REQUIRED
Uses | Gross Floor Area of New Construction (ft
2
) | Showers Required |
Uses | Gross Floor Area of New Construction (ft
2
) | Showers Required |
Medical, Professional, and General Business Offices, Financial Services, Business and Trade Schools, General Business Services | 0-9,999 | No requirement |
10,000-19,999 | 1 | |
20,000-49,999 | 2 | |
50,000 and up | 4 | |
Retail Services, Personal Services, and Eating and Drinking Services | 0-24,999 | No requirement |
25,000-49,999 | 1 | |
50,000-99,999 | 2 | |
100,000 and up | 4 | |
(k) Housing Incentive Program
(1) The Director may waive the residential floor area ratio (FAR) limit and the maximum site coverage requirement for a project that is reviewed by the Architectural Review Board, if the Director finds that the project with such waiver or waivers is consistent with the required architectural review findings in Section 18.76.020. The Director may only waive these development standards in the following areas and subject to the following restrictions:
(A) For an exclusively residential or mixed-use project in the CC(2) zone or on CN or CS zoned sites on El Camino Real. In no event shall the Director approve a commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and commercial FAR) in excess of 2.0 in the CC(2) zone or 1.5 in the CN or CS zone.
(B) For an exclusively residential or mixed-use project on CS zoned sites on San Antonio Road between Middlefield Road and East Charleston Road. In no event shall the Director approve a commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and commercial FAR) in excess of 2.0.
(2) The Director may waive any development standard including parking for a project that is reviewed by the Architectural Review Board, if the Director finds that the project with such waiver or waivers is consistent with the required architectural review findings in Section 18.76.020. The Director may only waive these development standards in the following areas and subject to the following restrictions:
(A) For a 100% affordable housing project in the CC(2) zone or on CN or CS zoned sites on El Camino Real;
(B) For a 100% affordable housing project on CS zoned sites on San Antonio Road between Middlefield Road and East Charleston Road.
(C) In no event shall the Director approve development standards more permissive than the standards applicable to the Affordable Housing (AH) Combining District in Chapter 18.30(J). A "100% affordable housing project" as used herein means a multiple-family housing or mixed-use project in which the residential component consists entirely of affordable units, as defined in Section 16.65.020, available only to households with income levels at or below 120% of the area median income, as defined in Section 16.65.020, and where the average household income does not exceed 60% of the area median income level, except for a building manager's unit.
(3) This program is a local alternative to the state density bonus law, and therefore, a project utilizing this program shall not be eligible for a density bonus under Chapter 18.15 (Residential Density Bonus).
(l) Parking and Vehicular Access on California Avenue Restricted
Vehicular access to CC(2) zoned sites on California Avenue which requires vehicular movement across the sidewalk on California Avenue shall be prohibited, except where required by law and as applied to parcels owned, leased or controlled by the City.
(Ord. 5594 § 4, 2024: Ord. 5587 § 20, 2023: Ord. 5554 § 7, 2022: Ord. 5548 § 4, 2022: Ord. 5542 § 19, 2022: Ord. 5517 § 4, 2021: Ord. 5512 § 3, 2020: Ord. 5494 § 3, 2020: Ord. 5460 § 6, 2019: Ord. 5373 § 14 (part), 2016: Ord. 5230 §§ 5, 6, 2014: Ord. 5035 § 2, 2009: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006: Ord. 5608 § 7, 2024)