The commercial zoning districts are intended to create and maintain sites for retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods.

   (a)   Neighborhood Commercial [CN]

   The CN neighborhood commercial district is intended to create and maintain neighborhood shopping areas primarily accommodating retail sales, personal service, eating and drinking, and office uses of moderate size serving the immediate neighborhood, under regulations that will assure maximum compatibility with surrounding residential areas.

   (b)   Community Commercial [CC]

   The CC community commercial district is intended to create and maintain major commercial centers accommodating a broad range of office, retail sales, and other commercial activities of community-wide or regional significance. The CC community commercial district is intended to be applied to regional/community commercial centers identified by the Palo Alto Comprehensive Plan.

   (c)   Community Commercial (2) Subdistrict [CC(2)]

   The community commercial (2) (CC(2)) subdistrict is intended to modify the site development regulations of the CC community commercial district, where applied in combination with such district, to allow site specific variations to the community commercial uses and development requirements in the CC district.

   (d)   Service Commercial [CS]

   The CS service commercial district is intended to create and maintain areas accommodating citywide and regional services that may be inappropriate in neighborhood or pedestrian-oriented shopping areas, and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

   (a)   Applicable Chapters

   The specific regulations of this chapter and the additional regulations and procedures established by other relevant chapters of the Zoning Code shall apply to the CN, CS, and CC districts, and the subdistrict designated as CC(2), as shown on the city's Zoning Map. The term "abutting residential zones," where used in this Chapter, includes the R1, R-2, RMD, RM-20, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted.

   (b)   Applicable Combining Districts

   The combining districts applicable to the CN, CS, CC and CC(2) districts shall include, but shall not be limited to, the following districts:

      (1)   The retail shopping (R) combining district regulations, as specified in Chapter 18.30(A), shall apply to the area of the CN, CS, and CC districts designated as "R" combining district as shown on the city's Zoning Map.

      (2)   The pedestrian shopping (P) combining district regulations, as specified in Chapter 18.30(B), shall apply to the area of the CN, CS, CC and CC(2) districts designated "P" combining district as shown on the city's Zoning Map.

(Ord. 5460 § 15, 2019: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

   For the purposes of this section, the following terms are defined:

   (a)   "Charleston Shopping Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley Community Center.

   (b)   "Midtown Shopping District" is defined as all properties zoned CN in the vicinity of the intersection of Colorado Avenue and Middlefield Road which border Moreno Avenue, Bryson Avenue, Colorado Avenue, and San Carlos Court, or which border Middlefield Road in the area extending from Moreno Avenue to San Carlos Court.

   (c)   "Town and Country Village Shopping Center" is defined as all properties zoned CC and bounded by El Camino Real, Embarcadero Road, Encina Avenue, and the Southern Pacific right-of-way.

   (d)   "Stanford Shopping Center" is defined as all properties zoned CC and bounded by El Camino Real, Sand Hill Road, Quarry Road, and Vineyard Lane.

   (e)   "Neighborhood-serving offices" are medical offices, professional offices, travel agencies, and insurance agencies that fit the definition of a neighborhood-serving use.

   (f)   A "Neighborhood Serving Use" is a use that primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of customers and clients travel, rather than the provider of the goods or services traveling off-site.

   (g)   "Ground Floor" shall mean the first floor that is above grade.

   (h)   "Mixed Use Development" shall mean a combination of nonresidential and residential uses arranged on a site. The uses may be combined in a vertical configuration (within a building) or in a horizontal configuration (separate buildings).

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

   The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on 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 section also apply to the use; however, provisions in other sections may apply as well.

   (a)   Commercial Zones and Land Uses

   Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1:

 

   (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.

      (1)   Such businesses shall be operated in a manner to protect residential 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, businesses 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.

   (c)   CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers

   The following regulations shall apply to areas of Charleston Center and the Midtown Shopping Center as defined in Section 18.16.030.

   Table 2 shows the uses permitted and conditionally permitted on the ground floor of the applicable areas of the Charleston Center and Midtown Shopping Centers. Permitted and conditional uses specified in subsection (a) of this section shall only apply to the ground floor of the areas of the Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully existing on January 16, 2001 may be continued as non-conforming uses but may only be replaced with uses permitted or conditionally permitted under this subsection.

 

   (d)   Charleston Shopping Center: Additional Use Restrictions

      (1)   Any office use first occupying space at the Center on or after January 16, 2001, shall obtain a written determination from the director of planning and development services that it qualifies as a neighborhood serving use, as defined in this chapter, before occupying its premises. The applicant shall submit such information as the director shall reasonably require in order to make the determination, and the director shall issue the determination within 30 days of receiving a complete application. Failure to submit the required information shall be grounds for determining that a business is not neighborhood-serving.

      (2)   No more than 7,850 square feet of total floor area at the Center shall be occupied by office uses at any time.

      (3)   Prior to approving a conditional use permit for neighborhood-serving offices larger than 2,500 square feet in total floor area, the city shall find that the proposed use will be neighborhood-serving, that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood resource, and that it will not diminish the retail strength of the center.

   (e)   Midtown Shopping Center: Additional Use Restrictions

      (1)   An existing ground floor office may be replaced with another office if

         (a)   the new tenant or owner will continue the existing business or practice; or

         (b)   a conditional use permit is issued for the new office use.

      (2)   No conditional use permit shall be issued for any new office use on the ground floor unless, in addition to the findings required for a conditional use permit as specified in Section 18.76.010, the city finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not diminish the retail strength of the District.

      (3)   For properties at 711, 719, and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not fronting on Middlefield Avenue, designed and used for office purposes, and not well suited to other uses are exempt from the provisions of this subsection (b).

   The following restrictions shall apply to office uses:

   (a)   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:

      (1)   Have been continuously in existence in that space since March 19, 2001, and as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.30(I);

      (2)   Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on March 19, 2001 or thereafter;

      (3)   Occupy a space that was vacant on March 19, 2001;

      (4)   Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease;

      (5)   Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or

      (6)   Are located anywhere in Building E or in the rear 50% of Building C or D of the property at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on sheet A2 of the plans titled “101 California Avenue Townhouse/Commercial/Office, Palo Alto, CA” by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Development Services.

   (b)   Size Restrictions on Office Uses in the CN and CS Districts

      (1)   In the CN district, office uses shall be governed by the following regulations:

         (A)   Total floor area of permitted office uses on a lot shall not exceed 25% of the lot area, provided:

            (i)   A lot shall be permitted to have at least a total floor area of 2,500 square feet of office uses, provided the uses meet all other zoning regulations.

            (ii)   No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses.

         (B)   Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The maximum size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

      (2)   In the CS district, office uses shall be governed by the following regulations:

         (A)   No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses.

         (B)   Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The maximum size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

(Ord. 5494 § 3, 2020: Ord. 5432 § 8, 2018: Ord. 5373 § 14 (part), 2016; Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

   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

 

   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 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. 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.

 

   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; for projects on Housing opportunity sites, or those utilizing the Housing Incentive Program or Affordable Housing Incentive Program, these setbacks may be modified by the standards in Chapter 18.14. 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, and may be limited for sites utilizing the Housing Incentive Program or Affordable Housing Incentive Program. See Chapter 18.14 for details.

      (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.

      (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.

   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

 

 

   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.

   (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.

   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

 

   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. 5650 § 5, 2025: 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)

   (a)   A housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code of the State of California that is in a CN, CC or CS District shall be allowed to increase its floor area ratio as follows:

      (i)   A housing development project of three to seven units shall have a maximum floor area ratio of 1.0:1.

      (ii)   A housing development project of eight to ten units shall have a maximum floor area ratio of 1.25:1.

   (b)   This bonus shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code of the State of California, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

   (c)   For mixed use development, total mixed use floor area ratio shall be increased to the extent necessary to accommodate a non-residential floor area ratio of 0.4:1 for retail and retail-like uses only.

(Ord. 5587 § 21, 2023: Ord. 5542 § 20, 2022)

   Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapters 18.52 and 18.54 of this title. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and the design standards established by Chapters 18.52 and 18.54.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

   In addition to the standards for development prescribed above, all development in the CN, CS, CC, and CC(2) districts shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.40 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.40 of the Zoning Ordinance.

   In addition to the standards for development prescribed above, all Housing Development Projects in the CN, CS, CC, and CC(2) districts shall comply with the objective design standards outlined in Chapter 18.24 , as defined therein. All other developments, and all 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.

   (a)   Contextual and Compatibility Criteria

   Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.

      (1)   Context

         (A)   Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies.

         (B)   The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response.

      (2)   Compatibility

         (A)   Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings so that the visual unity of the street is maintained.

         (B)   Compatibility goals may be accomplished through various means, including but not limited to:

            (i)   the siting, scale, massing, and materials;

            (ii)   the rhythmic pattern of the street established by the general width of the buildings and the spacing between them;

            (iii)   the pattern of roof lines and projections;

            (iv)   the sizes, proportions, and orientations of windows, bays and doorways;

            (v)   the location and treatment of entryways;

            (vi)   the shadow patterns from massing and decorative features;

            (vii)   the siting and treatment of parking; and

            (viii)   the treatment of landscaping.

   (b)   Context-Based Design Considerations and Findings

   In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CN, CS, CC and CC(2) districts, as further illustrated on the accompanying diagrams:

      (1)   Pedestrian and Bicycle Environment

   The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as:

   A.   Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure 1-1);

   B.   On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2);

   C.   Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts, benches, landscape elements, and public art (Figure 1-3);

   D.   Bicycle amenities that contribute to the area's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure 1-1); and

   E.   Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street.

      (2)   Street Building Facades

   Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as:

   A.   Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with the street (Figure 2-1);

   B.   Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass (Figure 2-2);

   C.   Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale;

   D.   Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward;

   E.   Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street;

   F.   All exposed sides of a building designed with the same level of care and integrity;

   G.   Reinforcing the definition and importance of the street with building mass; and

   H.   Upper floors set back to fit in with the context of the neighborhood.

      (3)   Massing and Setbacks

   Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as:

   A.   Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 3-1);

   B.   Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1);

   C.   Corner buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1);

   D.   Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2);

   E.   Buildings set back from the property line to create an effective 12' sidewalk on El Camino Real, 8' elsewhere (Figure 3-4);

   F.   A majority of the building frontage located at the setback line (Figure 3-3); and

   G.   No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3).

      (4)   Low-Density Residential Transitions

   Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through:

   A.   Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses (Figure 4-1);

   B.   Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements (Figure 4-2);

   C.   Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 4-3);

   D.   Minimizing sight lines into and from neighboring properties (Figure 4-3);

   E.   Limiting sun and shade impacts on abutting properties; and

   F.   Providing pedestrian paseos and mews to create separation between uses.

      (5)   Project Open Space

   Private and public open space shall be provided so that it is usable for the residents, visitors, and/or employees of a site.

   A.   The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy;

   B.   Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public)

   C.   Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings;

   D.   Usable open space may be any combination of private and common spaces;

   E.   Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1);

   F.   Open space should be located to activate the street façade and increase "eyes on the street" when possible (Figure 5-1);

   G.   Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement;

   H.   Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 5-2); and

   I.   Parking may not be counted as open space.

      (6)   Parking Design

   Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that:

   A.   Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.;

   B.   Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1);

   C.   Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art;

   D.   Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 6-2);

   E.   For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3);

   F.   Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming;

   G.   For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet);

   H.   Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and

   I.   Parking is accessed from side streets or alleys when possible.

      (7)   Large (Multi-Acre) Sites

   Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that:

   A.   New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable);

   B.   The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1-2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7-3); and

   C.   Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single-family residences) (Figures 7-2 and 7-3).

      (8)   Sustainability and Green Building Design

   Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:

   A.   Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1).

   B.   Design landscaping to create comfortable micro-climates and reduce heat island effects.

   C.   Design for easy pedestrian, bicycle, and transit access.

   D.   Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2).

   E.   Use sustainable building materials.

   F.   Design lighting, plumbing, and equipment for efficient energy and water use.

   G.   Create healthy indoor environments.

   H.   Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements.

   I.   Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment.

   J.   Encourage installation of photovoltaic panels (Figure 8-3).

   (a)   CN District Office Uses

   In the CN district, all office uses existing as of August 1, 1989, which were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit and which, as of such date, exceed 5,000 square feet in size or 25% of lot area, may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Chapter 18.70, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses.

   (b)   CS District Office Uses

   In the CS district, medical, professional or general business or administrative office uses existing on August 1, 1989 and which, as of such date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Chapter 18.70, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)