(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 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 development services, pursuant to Section 18.76.020:
Table 2 | ||||
Exclusively Non-Residential Development Standards | ||||
CD-C | CD-S | CD-N | Subject to regulations in Section: | |
Table 2 | ||||
Exclusively Non-Residential Development Standards | ||||
CD-C | CD-S | CD-N | Subject to regulations in Section: | |
Minimum Setbacks | Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply | |||
Front Yard (ft) | None required | 10 (1) | ||
Rear Yard (ft) | None required
| |||
Interior Side Yard (ft) | None required
| |||
Street Side Yard (ft) | None required | 20 (1) | ||
Minimum street setback for sites sharing a common block face with any abutting residential zone district | - (4) | - (4) | - (4) | |
Minimum yard (ft) for lot lines abutting or opposite residential zone districts | 10' (1) | 10' (1) | 10' (1) | |
Maximum Site Coverage | None required | 50% | ||
Maximum Height (ft) | ||||
Standard | 50 | 50 | 25 | |
Portions of a site within 150 ft. of an abutting residential district | – (3) | – (3) | – (3) | |
Maximum Floor Area Ratio (FAR) | 1.0:1 (5) | 0.4:1 (5) | 0.4:1 (5) | 18.18.060(e) |
Maximum Floor Area Ratio (FAR) for Hotels | 2.0:1 | 2.0:1 | N/A | 18.18.060(d ) |
Maximum Size of New Non-Residential Construction or Expansion Projects | 25,000 square feet of gross floor area or 15,00 square feet above the existing floor area, whichever is greater, provided the floor area limits set forth elsewhere in this chapter are not exceeded | |||
Daylight Plane for lot lines abutting one or more residential zone districts | ||||
Initial Height at side or rear lot line | – (2) |
10 | 10 | |
Slope | – (2) |
1:2 | 1:2 | |
(1) The yard shall be planted and maintained as a landscaped screen, excluding area required for site access. | ||||
(2) The initial height and slope shall be identical to those of the residential zone abutting the site line in question. | ||||
(3) The maximum height within 150 feet of any abutting residential zone district shall not exceed the height limit of the abutting residential district. | ||||
(4) The minimum street setback shall be equal to the residentially zoned setback for 150 feet from the abutting single-family or multiple family development. | ||||
(5) FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistricts. | ||||
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and residential 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 development services, pursuant to Section 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C | CD-S | CD-N | Subject to regulations in Section: |
CD-C | CD-S | CD-N | Subject to regulations in Section: | |
Minimum Setbacks | Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply | |||
Front Yard (ft) | None required | 10' | ||
Rear Yard (ft) | 10' for residential portion; no requirement for commercial portion | |||
Interior Side Yard (ft) | No requirement | 10' if abutting residential zone | 10' if abutting residential zone | |
Street Side Yard (ft) | No requirement | 5' | 5' | |
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 | No requirement | 50% | 50% | |
Minimum Landscape Open Space Coverage | 20% | 30% | 35% | |
Usable Open Space (Private and/or Common) | 150 sq ft per unit (1) | |||
CD-C | CD-S | CD-N | Subject to regulations in Section: | |
Maximum Height (ft) | ||||
Standard | 50' | 50' | 35' | |
Portions of a site within 150 ft. of an abutting residential district (other than an RM-40 or PC zone) (4) | 40' | 40' | 35' | |
Daylight Plane for lot lines abutting one or more residential zoning districts or a residential PC district | Daylight plane height and slope identical to those of the most restrictive residential zone abutting the lot line | |||
Residential Density (net)(2) | No maximum | 30 | 30 | |
Maximum Weighted Average Residential Unit Size(5) | 1,500 sq ft per unit | No maximum | No maximum | |
Maximum Residential Floor Area Ratio (FAR) | 1.0:1(3) | 0.6:1(3) | 0.5:1(3) | |
Maximum Nonresidential Floor Area Ratio (FAR) | 1.0:1(3) | 0.4:1 | 0.4:1 | |
Total Floor Area Ratio (FAR) |
2.0:1(3) | 1.0:1(3) | 0.9:1(3) | |
Parking Requirement | See Chapters 18.52 and 18.54 | |||
(1) 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 6; and (4) minimum common open space dimension 12
(2) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. There shall be no deduction for that portion of the site area in nonresidential use.
(3) FAR may be increased with transfers of development, increased floor area for housing development projects with 3-10 residential units and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistrict.
(4) Distance shall be measured from the property line of the subject site.
(5) The weighted average residential unit size shall be calculated by dividing the sum of the square footage of all units by the number of units. For example, a project with ten 800-square foot 1-bedroom units, eight 1,200-square foot 2-bedroom units, and two 1,800-square foot 3-bedroom units would have a weighted average residential unit size of ((10x800)+(8x1,200)+(2x1,800)) ÷ (10+8+2) = 1,060 square feet.
(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.
(c) Exclusively Residential Uses
(1) Exclusively residential uses are allowed in the CD-C subdistrict, except in the ground floor (GF) combining district. However, GF 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.
(2) Exclusively residential uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan.
(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) Exempt Floor Area
(1) When an existing building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding disability related access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. For the purposes of this section disability related upgrades are limited to the incremental square footage necessary to accommodate disability access and shall be subject to the Director’s approval not to exceed 500 square feet per site. Disability related upgrades shall only apply to remodels of existing buildings and shall not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped.
(2) Buildings located in the CD-C subdistrict that are noncomplying for height or gross floor area shall be permitted to increase height and expand floor area to the minimum degree necessary to provide rooftop access and related amenities. Such access and amenities may include features such as stairs, elevators, trellises, outdoor furniture, railings, lighting, and other similar features. For the purposes of this section rooftop access floor area shall not be counted as gross floor area. Rooftop access-related features may be located only on portions of buildings located at least 150 feet from a residential zone which, for the purposes of this section, includes the R-1, R-2, RMD, RM-20, RM-30, RM-40, and SOFA districts or Planned Community (PC) districts that permit residential uses. Any request for a rooftop access exception under this section shall be subject to a conditional use permit. The Planning Director may initiate a formal review pursuant to Chapter 18.77 (Processing of Permits and Approvals) of any conditional use permit granted under this section if the site is the subject of multiple complaints in violation of Chapter 9.10 (Noise). For buildings requesting increased height, all fixtures and structures shall remain below a plane measured at a forty-five degree angle beginning from the edges of the building, nearest the rooftop deck surface, and sloping upward and inward toward the center of the building.
(f) Restrictions on Office Uses
(1) New construction and alterations in the CD-C zoning district shall be required to design ground floor space to accommodate retail use and shall comply with the provisions of the Pedestrian (P) combining district.
(2) In the CD-S and CD-N subdistricts, the following requirements shall apply to office uses:
(A) No new gross square footage of a medical, professional, general business, or administrative office use shall be allowed, once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet.
(B) No conversion of gross square footage from any other use to a medical, professional, general business, or administrative office use shall be allowed once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet.
(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.
TABLE 4
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 |
(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; parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.
(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.
(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.
(i) 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 5.
TABLE 5
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 | |
(j) 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.
(k) (Reserved)
(l) Housing Incentive Program
(1) For an exclusively residential or residential mixed-use project in the CD-C zone, the Director may waive the residential floor area ratio (FAR) limit after the project with the proposed waiver is reviewed by the Architectural Review Board, if the Director finds that the project exceeding the FAR standard is consistent with the required architectural review findings. In no event shall the Director approve a commercial FAR in excess of 1.0 or a total FAR (including both residential and commercial FAR) in excess of 3.0. Nor shall the use of transferable development rights under Section 18.18.080 be allowed to cause the site to exceed a FAR of 3.0.
(2) For a 100% affordable housing project in the CD-C zone, the Director may waive any development standard including parking after the project with the proposed waiver or waivers is reviewed by the Architectural Review Board, if the Director finds that a project with such waiver or waivers is consistent with the required architectural review findings. In no event shall the Director approve a FAR in excess of 3.0 or approve other 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 of this code, 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).
(m) Parking and Vehicular Access on University Avenue Restricted
Vehicular access to CD-C zoned sites on University Avenue which requires vehicular movement across the sidewalk on University Avenue shall be prohibited, except where required by law and as applied to parcels owned, leased or controlled by the City.
(Ord. 5594 § 5, 2024: Ord. 5587 § 22, 2023: Ord. 5554 § 10, 2022: Ord. 5548 § 5, 2022: Ord. 5542 § 21, 2022: Ord. 5517 § 6, 2021: Ord. 5494 § 3, 2020: Ord. 5464 § 1, 2019: Ord. 5460 §§ 7 and 15, 2019: Ord. 5373 § 15 (part), 2016: Ord. 5065 § 4, 2009: Ord. 5035 § 3, 2009: Ord. 4923 § 4 (part), 2006: Ord. 5608 § 8, 2024)