This chapter provides site planning and development standards for special uses in multiple zoning districts (e.g., in residential, commercial and/or industrial districts).

(Ord. 4934 § 4 (part), 2007)

   The regulations set forth in this chapter shall apply to the special uses set forth below, in addition to other applicable provisions of this chapter including the standards of the zone district where the use is located.

(Ord. 4934 § 4 (part), 2007)

   (a)   Examples of Accessory Uses and Facilities

   Accessory uses and facilities include, but are not limited to, the following list of examples; provided that each accessory use or facility shall comply with all provisions of this title:

      (1)   Residential garages, carports, and parking facilities, together with access and circulation elements necessary thereto;

      (2)   Customer, visitor, and employee parking facilities, and off-street loading facilities, together with access and circulation elements necessary thereto;

      (3)   Facilities for storage incidental to a principal use;

      (4)   Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility;

      (5)   Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use, when conducted entirely within a principal facility;

      (6)   Building management offices when located within the principal facility and limited to the management thereof;

      (7)   Refreshment and service facilities in parks, in playgrounds, and in permitted public or private recreation facilities or schools;

      (8)   The operation of service facilities and equipment in connection with schools, hospitals, and similar institutions or uses, when located on the site of the principal use.

   (b)   If Associated with a Permitted Use or Facility

   Accessory uses and facilities shall be permitted in any district when incidental to and associated with a permitted use or facility, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section.

   (c)   Accessory Uses and Facilities are Conditional on Principal Use Facility Permit

   No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a permitted or conditional use in the district in which it shall be located. Operation, occupancy, and continuance of allowable accessory uses and facilities shall be conditioned upon the continued occupancy or use of the principal use or facility being served.

   (d)   Relation to Principal Structures and Location

      (1)   Accessory uses and facilities shall be subordinate to the primary activity of the principal use or the principal facility, respectively.

      (2)   Accessory uses and facilities shall contribute to the comfort, convenience, efficiency, or necessity of the occupants or the activities of a principal use, or the function of a principal structure.

      (3)   Accessory uses and facilities shall be located on the same site as the principal use or structure served, except as otherwise authorized by this title.

      (4)   Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the required rear yard.

(Ord. 4934 § 4 (part), 2007)

   The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses

   located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up.

   (1)   Retail (including restaurants) or service commercial businesses abutting or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, that are open or with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. 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)   Where planning or building permits are required or for a change in use that results in any such commercial business in the CN, CS, NV-MXM, and NV-MXH zone districts, operating or with activities between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall be obtained and conditions of approval shall be applied as deemed necessary to ensure the operation is compatible with the abutting (or within 50 feet of) residential property. Said use permit shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m.

   (3)   Truck deliveries shall not occur before 6:00 a.m. or after 10:00 p.m., except pursuant to the provisions of a conditional use permit.

(Ord. 5651 § 9, 2025: Ord. 5554 § 20, 2022)

   The director of planning and development services (“director”) may grant a temporary use permit authorizing the use of a site in any district for a temporary use, subject to the following provisions:

   (a)   Application shall be made to the director and shall be subject to the fee prescribed by the municipal fee schedule.

   (b)   The permit may be granted by the director without a requirement for public hearing and notice.

   (c)   The permit may include authorization to vary from specific requirements of this title as may be solely related to the requested temporary use.

   (d)   A temporary use permit, if granted by the director, shall be valid for a specifically stated time period not to exceed forty-five days. The director may impose such reasonable conditions or restrictions as he or she deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity.

   (e)   A temporary use permit may be granted by the director if, from the application or the facts presented to him, he finds:

      (1)   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.

      (2)   The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title.

   (f)   Any person who obtains a temporary use permit as provided by this section and fails to abide by its conditions is guilty of a misdemeanor.

   (g)   Any person who uses a site for a temporary use in violation of Title 18 and fails to obtain a temporary use permit as required by this section is guilty of a misdemeanor.

(Ord. 5494 § 3, 2020: Ord. 4934 § 4 (part), 2007)

   Where permitted, a home occupation shall be subject to the following limitations:

   (a)   The home occupation shall be conducted in a manner that is compatible with residential uses permitted in the same district, and in a manner which does not change the character and appearance of the dwelling unit in which it is conducted.

   (b)   No person shall be employed on the site in connection with the home occupation except lawful occupants of the dwelling unit within which the home occupation is conducted.

   (c)   No advertising shall be permitted on the site.

   (d)   Not more than twenty-five percent of the gross floor area of the dwelling unit, or five hundred square feet of gross floor area on the site including accessory buildings, whichever is less, shall be devoted to the home occupation.

   (e)   The home occupation shall not be conducted in a manner which generates traffic or parking demand or vehicular deliveries substantially greater than customarily associated with residential occupancy of the dwelling unit.

   (f)   No mechanical, electrical, or other equipment shall be used, nor shall a home occupation be conducted in any manner which is a nuisance or is noxious, offensive, or hazardous by reason of vehicular traffic, noise, electrical or magnetic interference, vibration, particulate matter, odor, heat, humidity, glare, refuse, radiation, or other objectionable emissions or effects.

   (g)   No outdoor storage of any material, equipment or goods shall be permissible in connection with any home occupation.

(Ord. 4934 § 4 (part), 2007)

   (a)   Allowable hours and location for vehicle repair

   No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on any vehicle, motor vehicle, camper, camp trailer, trailer, trailer coach, motorcycle, motor-driven cycle, house car, boat, or similar conveyance except when conducted within a garage or accessory building, or during the hours of 8:00 a.m. and 9:00 p.m. when conducted in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. Notwithstanding the foregoing, this section shall not be construed to prohibit occasional minor maintenance such as changing spark plugs, oil, belts and hoses.

   (b)   Vehicle storage

   No person shall store, place or park any of the conveyances designated in subsection (a), or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, including an unmounted camper, camp trailer, trailer, trailer coach and similar nonmotorized conveyance, or any other structure or device exceeding sixteen cubic feet in volume to be carried upon or in any such conveyance, or any equipment, machinery, or similar material unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening.

   (c)   Maximum Continuous Hours of Vehicle Repair

   No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on, or store, place, and park any of the conveyances designated in this section (excluding [1] passenger vehicles other than house cars, and [2] "pickup" motor trucks on which no equipment other than a camper is mounted), whether disabled or fully operative, for an aggregate period of over seventy-two hours during any continuous period of ninety-six hours in any open areas on a lot only in locations where an accessory building or principal building of equivalent height or bulk would be permitted by the provisions of this title.

   (d)   Refer to California Vehicle Code for Conveyance Definitions

   For the purpose of this section, references to types of conveyances shall have the same meanings as defined in the Vehicle Code of the State of California, where such definitions are available.

   (e)   Chapter 18.70 shall not be Applicable to this Section.

   (f)   Limitations for Sleeping in Recreation Vehicles

   Subject to securing a permit therefore from the building official and otherwise complying with applicable law, the use of a recreational vehicle, as defined in this title, may be permitted for sleeping purposes only for a period not to exceed thirty consecutive days in any calendar year for not more than two nonpaying guests of the occupant of a single-family dwelling in accord with all applicable regulations governing parking and storage of vehicles.

   (g)   Vehicle Visibility from Public Streets

   Except in the OS (open space) and AC (agricultural conservation) districts, no person shall store, place, or park any of the conveyances designated in this section, whether disabled or fully operative, in any areas visible from a public street unless it is parked or stored upon either permeable or impermeable paving surface.

   (h)   Parked Vehicles shall not Obstruct Traffic Views at Intersections

   No person shall store, place, or park any of the conveyances designated in this section within the thirty-five foot triangle of property at the intersection of streets improved for vehicular traffic.

            (i)   Parked Vehicles Maximum Coverage of Front Yard

   No person shall store, place, or park any of the conveyances designated in this section in a manner that they cover more than 40 percent of any required front yard.

   (j)   Each Day of Violation a Separate Offense

   Violation of this section is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished.

(Ord. 4934 § 4 (part), 2007)

   Reverse vending machines may be established only in conjunction with an otherwise allowed commercial or industrial use and may not exceed a maximum of three machines per site or one hundred fifty cubic feet in volume per site. Sites containing reverse vending machine(s) shall include a refuse container adjacent to the machine(s) and shall be maintained in a litter free condition. In addition, a reverse vending machine shall:

      (1)   Not exceed eight feet in height;

      (2)   Be located on the site in a manner which will assure compatibility with surrounding uses;

      (3)   Be subject to the noise restrictions contained in Chapter 9.10 of this code.

(Ord. 4934 § 4 (part), 2007)

   (a)   Conditional Use Permit Required in Tandem with On-Sale License

   In any district where otherwise permitted by this title, any eating and drinking establishment or other use having any part of its operation subject to an on-sale license required by the State of California shall be subject to securing a conditional use permit.

   (b)   Conditional Use Permit Required with New On-Sale License

   A conditional use permit shall be obtained in the case of premises for which no conditional use permit is in force, whenever a new on-sale license is required by the State of California.

   (c)   Amendment to Conditional Use Permit Required with Expansion

   In the case of premises for which a conditional use permit is in force, which permits the sale of alcohol, an amendment to such permit shall be required whenever such use is intensified or is expanded in square footage.

   (d)   Amendment to Conditional Use Permit Required with New On-Sale License

   In the case of premises for which a conditional use permit is in force, but such use permit does not permit sales of alcohol, an amendment to such permit shall be required whenever a new on-sale license is required by the State of California.

   (e)   Alcohol Service in Parklets on Rights-of-Way

   Establishments that are allowed by the city to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required in this section or as a legal nonconforming use, and that have both an on-sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption without an amendment of the CUP in parklets on public property approved via permit per PAMC Chapter 12.11 or other outdoor uses approved via permit per any other relevant section of the PAMC. Outdoor alcohol service shall be in full compliance with all applicable regulations, including ABC regulations, as may be amended.

(Ord. 5594 § 6, 2024: Ord. 4934 § 4 (part), 2007)

   In order to be located in any residential district or on any site in any other district used for residential occupancy, a mobile home (manufactured housing) must:

   (a)   National Mobile Home Construction and Safety Standards

   Be certified under the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) or any successor legislation.

   (b)   Permanent Foundation System

   Be located on a permanent foundation system approved by the building official pursuant to all applicable laws, including, but not limited to, California Health and Safety Code Section 18551 or successor legislation.

   (c)   Site Regulations

   Must meet all of the application site regulations of the district in which it is located.

   (d)   Not Allowed in Historical District of the City

   Notwithstanding any other provisions of this title, mobile homes (manufactured housing) on permanent foundations shall not be allowed in any historic district of the city as designated in Chapter 16.49.

(Ord. 4934 § 4 (part), 2007)

   (a)   Purpose and Interpretation

      The purpose of this section is two-fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Palo Alto; and (B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with (1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and -capacity broadband wireless communication facilities technology and innovations and the delivery of ultra-high-speed and -capacity broadband wireless communications facilities services, (2) the interest in safeguarding the environment, preserving historic properties, and addressing aesthetics and other local values, and (3) the interest in promoting the public health, safety and welfare in Palo Alto. Although this section implements and references provisions of preemptive state and federal law, nothing in this section shall be interpreted to create an independent source of the rights provided an applicant by such state or federal law.

      A wireless communications facility is permitted to be sited in Palo Alto subject to applicable requirements imposed by this chapter. These processes are intended to permit wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this section are tailored to the type of wireless communication facility that is sought. Building-mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this section.

   (b)   Definitions

      The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of the Palo Alto Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.

         A.   Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

         B.   Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).

         C.   Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (i)-(ii) above and has been previously reviewed and approved by the city.

         A.   The structure on which antenna facilities are mounted:

            i.   Is 50 feet or less in height, or

            ii.   Is no more than 10 percent taller than other adjacent structures, or

            iii.   Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and

         B.   Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and

         C.   All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

         D.   The facility does not require antenna structure registration under 47 C.F.R. Section 17; and

         E.   The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

         F.   The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

         A.   For a tower not located in the public rights-of-way:

            i.   The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or

            ii.   There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater.

         B.   For a tower located in the public rights-of-way and for all base stations:

            i.   The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or

            ii.   There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six (6) feet; or

            iii.   It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or

            iv.   It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.

         C.   For any eligible support structure:

            i.   It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

            ii.   There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or

            iii.   The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or

            iv.   The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.

         D.   To measure changes in height for the purposes of this section, the baseline is:

            i.   For deployments that are or will be separated horizontally, measured from the original support structure;

            ii.   For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to February 22, 2012.

         E.   To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to February 22, 2012.

         A.   A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, or its successor regulation;

         B.   An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation;

         C.   Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio;

         D.   Mobile services providing public information coverage of news events of a temporary nature;

         E.   Telecommunications facilities owned and operated by any government agency or emergency medical care provider.

   (c)   Types of WCF Permits Required

      (1)   A Tier 1 WCF Permit shall be required for an eligible facilities request, as defined in this section.

      (2)   A Tier 2 WCF Permit shall be required for:

         A.   Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted; or

         B.   Any collocation of a small wireless facility; or

         C.   Any collocation not eligible for a Tier 1 WCF Permit.

      (3)   A Tier 3 WCF Permit shall be required for the siting of any WCF, including a small wireless facility, that is not a collocation subject to a Tier 1 or 2 WCF Permit. An application shall not require a Tier 3 WCF Permit solely because it proposes the replacement in-place of an existing streetlight or wood utility pole.

   (d)   WCF Application Requirements

      All applications for a WCF Permit shall include the following items:

      (1)   Any applicant for a WCF Permit shall participate in an intake meeting with the Planning and Community Environment Department when filing an application;

      (2)   The applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request;

      (3)   The applicant shall complete the city's standard application form, as may be amended from time to time;

      (4)   The applicant shall include a completed and signed application checklist available from the city, including all information required by the application checklist;

      (5)   Payment of the fee prescribed by the Municipal Fee Schedule;

      (6)   The application must be accompanied by all permit applications with all required application materials for each separate permit required by the city for the proposed WCF, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable);

      (7)   For Tier 2 and 3 WCF Permits, the applicant must host a community meeting at a time and location designed to maximize attendance by persons receiving notice under this subparagraph to provide outreach to the neighborhood around the project site. The applicant shall give notice of the community meeting to all residents and property owners within 600 feet of the project site at least 14 days in advance of the community meeting. Applicants are encouraged to host the meeting before submitting an application. Before an application may be approved, the applicant shall provide a proof of notice affidavit to the city that contains:

         A.   Proof that the applicant noticed and hosted the community meeting no later than 15 days after filing the application;

         B.   A summary of comments received at the community meeting and what, if any, changes were made to the application as a result of the meeting;

      (8)   For Tier 3 WCF Permits, the plans shall include a scaled depiction of the maximum increase in the physical dimensions of the proposed project that would be feasible and permitted by the Spectrum Act, using the proposed project as a baseline; and

      (9)   Satisfy other such requirements as may be, from time to time, required by the Planning and Community Environment Department Director ("Director"), as publically stated in the application checklist.

   (f)   Tier 1 WCF Permit Process and Findings

      (1)   A Tier 1 WCF Permit shall be reviewed by the Director. The Director's decision shall be final and shall not be appealable;

      (2)   The Director shall grant a Tier 1 WCF Permit provided that the Director finds that the applicant proposes an eligible facilities request;

      (3)   The Director shall impose the following conditions on the grant of a Tier 1 WCF Permit:

         A.   The proposed collocation or modification shall not defeat any existing concealment elements of the support structure; and

         B.   The conditions of approval in Section 18.42.110(j).

   (g)   Tier 2 WCF Permit Process and Findings

      (1)   A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f).

      (2)   The Director, or Council on appeal, shall grant a Tier 2 WCF Permit provided the proposed WCF complies with the conditions of approval in Section 18.42.110(j), the development standards in Section 18.42.110(i)and all of the architectural review findings in Section 18.76.020(d) can be made.

      (3)   The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the above findings cannot be made.

   (h)   Tier 3 WCF Permit Process and Findings

      (1)   A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f).

      (2)   The Director or Council on appeal shall grant a Tier 3 WCF Permit provided the conditional use permit findings in Section 18.76.010(c) can be made, the proposed WCF complies with the conditions of approval in Section 18.42.110(j)and the development standards in Section 18.42.110(i), and all of the architectural review findings in Section 18.76.020(d) can be made.

      (3)   The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the above findings cannot be made.

   (i)   Generally Applicable Development Standards

      Unless the City Council has adopted more specific standards, and except as otherwise provided in this section, a proposed WCF Project shall comply with the following standards:

      (1)   Shall utilize the smallest antennae, radio, and associated equipment, as measured by volume, technically feasible to achieve a network objective;

      (2)   Shall be screened from public view;

      (3)   When attached to an existing structure, shall be shrouded or screened using materials or colors found on existing structure;

      (4)   Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the Zoning Code;

      (5)   An antenna, base station, or tower shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area, such as the use of a monopine design;

      (6)   Shall not be attached on a historic structure/site, as designated by Chapter 16.49;

      (7)   Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend no more than fifteen (15) feet beyond the permitted height of the building in the zone district;

      (8)   Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3 WCF Project shall not exceed beyond sixty-five (65) feet in height; and

      (9)   A tower or other stand-alone Tier 3 WCF may encroach into the interior/street side and rear setback.

   (j)   Conditions of Approval

      In addition to any other conditions of approval permitted under federal and state law and this Code that the Director deems appropriate or required under this Code, all WCF Projects approved under this chapter, whether approved by the Director, City Council, or deemed granted by operation of law, shall be subject to the following conditions of approval:

      (1)   Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.

      (2)   As-built plans. The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.

      (3)   Applicant shall hire a radio engineer licensed by the State of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the Planning Division within one year of commencement of operation.

      (4)   Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of its own choice.

      (5)   Compliance with applicable laws. The applicant shall comply with all applicable provisions of the Code, any permit issued under this Code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

      (6)   Compliance with approved plans. The proposed Project shall be built in compliance with the approved plans on file with the Planning Division.

      (7)   Subject to city uses. Any permit to install or utilize poles or conduit in the public rights- of-way is subject to the city’s prior right to use, maintain, expand, replace or remove from use such facilities in the reasonable exercise of its governmental or proprietary powers. Such permit is further subject to the city’s right to construction, maintain, and modify streets, sidewalks, and other improvements in the public rights-of-way. The city, in its sole discretion, may require removal or relocation of a permittee’s equipment, at permittee’s sole cost and expense, if necessary to accommodate a city use.

      (8)   Replacement. Where feasible, as new technology becomes available, the applicant shall place above-ground equipment below ground and replace equipment remaining above-ground with smaller equipment, as determined by volume. The applicant shall obtain all necessary permits and approvals for such replacement.

      (9)   Permit length. WCFs permits shall be valid for the time provided in Section 18.42.110(n), except that a permit shall automatically expire after twelve months from the date of approval if within such twelve month period, the applicant has not obtained all necessary permits to commence construction. The director may, without a hearing, extend such time for a maximum period of twelve additional months only, upon application filed with him or her before the expiration of the twelve-month limit.

   (k)   Exceptions

      (1)   The decision-making authority may grant exceptions to any provision of this Section 18.42.110, upon finding that:

         A.   The proposed WCF complies with the requirements of this Section 18.42.110 and any other requirements adopted by the City Council to the greatest extent feasible; and either

         B.   As applied to a proposed WCF, the provision(s) from which exception is sought would deprive the applicant of rights guaranteed by federal law, state law, or both; or

         C.   Denial of the application as proposed would violate federal law, state law, or both.

      (2)   An applicant must request an exception at the time an application is initially submitted for a WCF permit under this Section 18.42.110. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. Any request for exception after the City has deemed an application complete constitutes a material change to the proposed WCF and shall be considered a new application.

      (3)   The applicant shall have the burden of proving that federal law, state law, or both compel the decision-making authority to grant the requested exception(s), using the evidentiary standards applicable to the law at issue. The City shall have the right to hire independent consultants, at the applicant’s expense, to evaluate the issues raised by the exception request and to submit rebuttal evidence where applicable.

   (l)   Removal of Abandoned Equipment

      A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for more than ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed.

   (m)   Revocation

      The Director may revoke any WCF Permit if the permit holder fails to comply with any condition of the permit. The Director's decision to revoke a Permit shall be appealable pursuant to the process applicable to issuance of the Permit, as provided in subdivisions (f), (g), and (h) of this section.

   (n)   Expiration

      Except as otherwise provided in the permit or in a lease or license agreement with the City of Palo Alto, WCF permits shall be valid for a period of ten years from the date of approval. An applicant may seek extensions of an approved WCF permit in increments of no more than ten years and no sooner than twelve months prior to the expiration of the permit. The Director shall approve an extension request upon finding that that applicant has complied with all conditions of approval for the WCF permit and will comply with all other requirements applicable to WCFs at the time the extension is granted. Prior to issuing a decision on an extension request, the Director may seek additional studies and information to be prepared at the applicant’s expense.

(Ord. 5655 § 3, 2025: Ord. 5465 § 2, 2019: Ord. 5432 § 12, 2018: Ord. 5340 § 1 (part), 2015)

   Resource conservation energy facilities may be exempted from floor area ratio and lot coverage requirements in commercial, industrial and public facilities zoning districts, subject to the following regulations:

   (a)   Architectural review is required pursuant to the provisions of Section 18.76.020;

   (b)   All facilities shall comply with the performance criteria outlined in Chapter 18.23;

   (c)   Floor area ratio (FAR) exemptions shall not exceed 3,000 square feet or 2% (.02 FAR) of the site, whichever is less;

   (d)   Lot coverage exemptions shall not exceed 6,000 square feet or 5% of the site; and

   (e)   All facilities shall meet the City of Palo Alto's technical eligibility criteria as follows:

      (1)   Eligible technologies include cogeneration, fuel cells, waste heat recovery, or renewable energy conversion;

      (2)   Eligible fuels include natural gas or renewable fuels;

      (3)   Cogeneration facilities must meet and maintain FERC and state efficiency and thermal energy utilization criteria;

      (4)   All technologies must meet ultra-clean distributed generation efficiency and emissions requirements;

      (5)   Single system maximum size is 10 megawatts (mW), and no larger than the greater of on-site peak electric load or on-site peak thermal load; and

      (6)   Incremental water consumption shall be from reclaimed or decontaminated groundwater.

(Ord. 4964 § 17, 2007)

The following incentives and standards shall apply to sites listed in the 2015-2023 Housing Element's Housing Inventory Sites list and identified as "small lot, consolidation opportunity" that are merged to form a larger parcel for development of a 100% affordable rental or ownership housing project. For purposes of this section only, a "100% affordable rental or ownership housing project" includes mixed use projects containing ground floor retail and retail like use provided the residential square footage is at least 85% of the project's gross floor area.

   (a)   All projects shall comply with the respective development standards and allowable uses as specified in the underlying zone district, except as modified below;

   (b)   For HIS properties not located in the RT 35 or RT 50 zones, the RT 35 development standards shall apply and development of a mixed use development is not required;

   (c)   In the case of a conflict between the provisions of this section and the RT development standards (Chapter V, SOFA 2), this section shall control;

   (d)   Any HIS property in excess of 10,000 square feet prior to consolidation shall not be entitled to any of the incentives in this section;

   (e)   The applicable Housing Inventory Site (HIS) can be merged with both HIS and non-HIS sites;

   (f)   The housing units shall be deed restricted as 100% affordable housing units for no fewer than 55 years;

   (g)   Rental units shall be made affordable to households earning no more than 80% of the County's Area Median Income (AMI) and ownership units shall be made affordable to households earning no more than 120% of AMI;

   (h)   Application processing shall be prioritized throughout the planning entitlement phase to the maximum extent feasible;

   (i)   All such projects shall be subject to Architectural Review. Site and design review required in the Code for mixed use projects shall be waived for such projects;

   (j)   All subdivisions, regardless of the number of parcels created, shall be subject to the administrative Parcel Map subdivision process; however, maps requiring exceptions as specified in PAMC 21.32 shall follow the standard review process;

   (k)   Parking requirements for residential units less than 500 sq. ft. shall be reduced by 50%, regardless of bedroom count;

   (l)   Guest parking for the residential use, as required by PAMC 18.52.040, shall be reduced by 30%; fractional amounts shall be rounded down; and

   (m)   Waiver of planning entitlement fees: Waive all planning application fees except for direct costs for consultant fees associated with project review. This waiver shall not include applicable parking in lieu or development impact fees.

(Ord. 5406 § 5, 2017)

      Commercial cannabis activity is not permitted.

      Notwithstanding the prohibition in subsection (a) hereof, delivery of cannabis from a business located outside the City of Palo Alto is permitted subject to the conditions of California Business and Professions Code section 26090, as amended from time to time. This section does not permit any temporary, persistent, or fixed physical presence used for commercial cannabis activities besides delivery vehicles in the active state of making a delivery to a specific person and location

      Medical cannabis dispensaries are not permitted.

      The City Manager is authorized to approve and enforce regulations consistent with this section.

      The City may enforce this section and its regulations in any manner permitted by law and is entitled to recover all costs, including attorneys fees, related to enforcement. The violation of this section is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. 5419 § 5, 2017)

The following regulations apply to zoning districts where safe parking use is permitted.

      (1)   "Safe parking" means the providing of shelter of homeless persons as an incidental use to an existing, legal church or religious institution use where the shelter is provided in vehicles located in designated paved safe parking areas.

      (2)   "Safe parking area" means the paved area where the vehicles are parked for the safe parking use.

      (3)   "Safe parking program operator" means an agency or organization that facilitates, administers, oversees, and provides staffing for safe parking uses in safe parking areas.

      (1)   Permit required. No person shall operate, allow, permit or suffer a safe parking use without approval of a valid safe parking permit.

      (2)   Application requirements. All applications pursuant to this section shall be filed with the director in a form prescribed by the director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete.

      (3)   Receipt of application. No application shall be deemed received until the following have been provided to the director:

         (i)   An application fee as set forth in the municipal fee schedule; and

         (ii)   All documents specified as part of the application in this section or on the application form.

      (1)   Authority and findings. The director may approve a safe parking permit only after finding that:

         (i)   The proposed safe parking use complies with the standards listed in subsection (f) of this Section 18.42.160.

         (ii)   The proposed safe parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

         (iii)   The proposed site is adequate in size and shape to accommodate the safe parking use.

         The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

      (2)   Decision by director.

         (i)   The director shall prepare a written decision to approve, approve with conditions, or deny the application.

         (ii)   Notice of the director's decision shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, a brief description of the director's decision, and a description of how to appeal the decision.

         (iii)   Following a community meeting, if one is held, or after the director has made a tentative decision to issue a permit, notice of the director's decision shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, a brief description of the director's decision, and a description of how to appeal the decision.

         (iii)   The director's decision shall become final fourteen (14) days after the date the notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time the director issues the decision.

      (3)   Filing of appeal and withdrawal. Notwithstanding the provisions of Chapter 18.78, the process set forth in this subsection (d)(3) and subsections (d)(4)-(d)(5) below of this section shall apply to appeals of the director's decision on safe parking permits.

         (i)   The applicant or subject property owner, or owners or residents/tenants of a property within 600 feet of the subject property, may file an appeal of the director's decision by filing a written request with the city clerk before the date the director's decision becomes final. The written request shall be filed in a manner prescribed by the director and shall be accompanied by a fee, as set forth in the municipal fee schedule.

         (ii)   At any time prior to the hearing, the person requesting the hearing may withdraw the request. If the hearing request is withdrawn and 14 days have lapsed from the mailing date of the notice under subsection (d)(2) above, the proposed director's decision shall be final.

      (4)   Decision by the city council on appeal. If a timely appeal is received by the city clerk, and not withdrawn, the director's decision shall be placed on the consent calendar of the city council within 45 days. The city council may:

         (i)   Adopt the findings and recommendation of the director; or

         (ii)   Remove the recommendation from the consent calendar, which shall require three votes, following which the city council shall adopt findings and take action on the application.

      (5)   Decision by the city council final. The decision of the city council on appeal is final.

      (1)   Qualifying site. Safe parking may be allowed on a parcel with an existing, legal church or religious institution use.

      (2)   Number of vehicles. For the first 12 months following permit issuance, the permit holder may host up to four vehicles for safe parking per evening. After 12 months following permit issuance, the permit holder shall be eligible to host up to six vehicles for safe parking per evening. After 24 months following permit issuance, the permit holder shall be eligible to host up to eight vehicles for safe parking per evening. The Planning Director shall mail notice of each scheduled increase in capacity to the permit holder and all residents and owners of property within 600 feet of the subject property. The increase in capacity shall become effective 14 days after this notice is mailed unless an appeal is filed pursuant to subdivision (d)(3) above.

      (3)   Hours of operation. A safe parking use may only occur between the hours of 6:00 p.m. and 8:00 a.m.

      (4)   Noise. Audio, video, generator, or other amplified sound that is audible outside the vehicles parked in the safe parking program is prohibited. Additionally, participants shall observe quiet hours from 10:00 p.m. to 7:00 a.m.

      (5)   Shelter in vehicles. All persons receiving safe parking shall shelter within the vehicles. No person shall be housed in tents, lean-tos, or other temporary facilities.

      (6)   Required facilities. Accessible restroom facilities, including a toilet and handwashing sink, shall be available to persons utilizing the site for safe parking at all times during the hours of operation. These facilities may be the existing onsite facilities or mobile facilities brought onsite on a temporary basis to serve persons utilizing safe parking. Whenever feasible, portable restroom facilities shall be located at least 25 feet from neighboring residential buildings and 25 feet from street frontages. In the event that the lot configuration does not allow such siting, the Director shall have discretion to determine the location of the portable restroom and/or handwashing facilities.

      (7)   Contact information. The following emergency contact information shall be posted on site in a place readily visible to persons utilizing safe parking: (i) a contact phone number for the safe parking program operator; (ii) the police non-emergency phone number; and (iii) 911. The safe parking program operator shall be available at all hours of operation at the posted phone number and shall be the first contact for non-emergency matters. The contact information described shall also be sent from the city by mail to the residents and owners within 600 feet of the program site.

      (8)   Connection to county case management system. The safe parking use shall be managed and operated by a safe parking program operator that participates in the federal Homeless Management Information System with Santa Clara County or other county.

      (9)   Safe, clean, orderly premises. The safe parking area and other onsite areas accessed by persons utilizing safe parking shall be maintained in a safe, clean and orderly condition and manner.

      (10)   Compliance with laws. The safe parking use shall be operated in a manner that is fully in conformance with all state and local laws including regulations and permit requirements.

      (11)   Annual reporting. The safe parking program operator shall submit a report to the Director reflecting the prior calendar year’s activities. The report shall be submitted electronically in a format approved by the Director. The report shall include the number of individual participants in the calendar year, the number of nights each space was occupied each year, the disposition of each participant that exited the program during the calendar year (exit to housing, exit to homelessness, and the like), the city in which the person was last housed, and any complaints from neighbors communicated to the operator or permit holder along with the resolution of the complaints. Where a safe parking program operator operates multiple sites within the City of Palo Alto, the annual report may be combined.

      (12)   Participant preferences. A safe parking program provider shall award available parking spaces with preference given to students, or households with students, enrolled in the Palo Alto Unified School District.

      (13)   Vehicle idling. Vehicle idling is not allowed except as allowed under Chapter 10.62 of this code.

      (14)   No temporary structures. No temporary structures shall be erected in relation to the safe parking program. Small amenities such as chairs may be utilized during program hours, provided that they are stored in vehicles or within the permit holder’s building(s) during quiet hours.

      (15)   Personal property. All personal property shall be stored in participant vehicles.

      (16)   Fire. No open fires or open flames are allowed.

      (17)   Lot monitoring. The safe parking program operator shall deploy lot monitors to occupied safe parking lots. Lot monitors shall make at least three visits to the lots to ensure the safety of the participants and adherence to the operational conditions. Lot monitors are advised to be deployed in the early evening (lot opening – 10:00 p. m.), in the overnight hours (11 p. m. – 5 a. m.), and in the morning hours (6 a. m. – 8:00 a. m.).

      (1)   Grounds for suspension, revocation or modification. The director may suspend, revoke or modify a permit, according to the procedures set forth in subsection (h)(2) below, if the director finds that:

         (i)   Operation of the safe parking program violates any provision of the permit, this section, other applicable provision of this code, or state law; or

         (ii)   Operation of the safe parking program is detrimental to public health, safety or the general welfare.

      (2)   Procedure for suspension, revocation or modification of approval.

         (i)   Public hearing by director

            (a)   Notice to permit holder. Whenever the director believes that grounds for the suspension, revocation, or modification of a permit exist, the director shall give the permit holder written notice of the date, time and place of a hearing to be held before the director on whether the permit should be suspended, revoked, or modified. The notice shall state the alleged grounds for the proposed revocation, suspension or modification of the permit, and the notice shall be served on the permit holder by mail at least 10 days prior to the hearing at the most recent home or business address on file with the planning and development services department.

            (b)   Notice to public. Notice of the hearing shall be given at least 10 days prior to the hearing by mailing to all residents and owners of property within 600 feet of the subject property.

         (ii)   Decision of the director.

            (a)   Within 10 days following the hearing, the director shall prepare a written decision to revoke, suspend, modify, or leave unchanged the permit.

            (b)   Notice of the decision shall be provided by mail to the permit holder, by posting on the planning and development services' department's website and by email to other interested persons who requested notice to the planning and development services department.

            (c)   The director's decision shall become final 10 days after the notice is mailed to the permit holder unless a timely appeal is filed.

         (iii)   Request for appeal hearing. The permit holder or subject property owner, or owners or residents of a property within 600 feet of the subject property may file an appeal of the director's decision with the city clerk. The appeal shall be filed in written form in a manner prescribed by the director.

         (iv)   Decision by the city council on appeal. If a timely appeal is received by the city clerk, and not withdrawn, the director's decision shall be placed on the consent calendar of the city council within 45 days. The city council may:

            (a)   Adopt the findings and recommendation of the director; or

            (b)   Remove the recommendation from the consent calendar, which shall require three votes, following which the city council shall adopt findings and take action on the application.

         (v)   Effective date of revocation, suspension or modification. The decision of the city council is final. The revocation, suspension or modification will be effective 5 days after mailing of the decision addressed to the permit holder.

(Ord. 5609 § 2, 2024; Ord. 5490 § 10, 2020)

   The following regulations apply to safe parking in the PF district described in Chapter 18.28 of this Code.

      The intent of this section is to establish regulations to govern the operation of safe parking programs in the PF district within the City of Palo Alto. The safe parking programs provide interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, connection to social service programs, and other support to transition households into permanent, stable housing.

      (1)   "Safe parking" means the providing of shelter of homeless persons and where the shelter is provided in vehicles located in designated safe parking areas.

      (2)   "Safe parking area" means the area where the vehicles are parked for the safe parking use within a PF district.

      (3)   "Safe Parking Program Operator" means an agency or organization that facilitates, administers, oversees, and provides staffing for safe parking uses in safe parking areas.

      No person shall operate, allow, permit or suffer a safe parking use without approval from the City Council through a contract, license, or lease for safe parking use. Notice of the Council meeting shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, and the scheduled date and time of the meeting.

      The following standards shall apply to all safe parking uses:

      (1)   Number of vehicles. The number of vehicles shall be limited to those that can fit in the safe parking area while allowing for at least 10 feet of open space in all directions between each vehicle. In addition, there shall be sufficient clearance for emergency vehicles to access the site. The Fire Department shall review and approve the maximum number of vehicles and the configuration of those vehicles in accordance with the Fire Code and the standards in this section.

      (2)   Noise. Audio, video, generator, or other amplified sound that is audible outside the vehicles parked in the safe parking program is prohibited.

      (3)   Shelter in vehicles. All persons receiving safe parking shall shelter within their vehicles overnight. No person shall be housed in tents, lean-tos, pop-outs, or other temporary facilities outside of vehicles.

      (4)   Required facilities. Accessible restroom facilities, including a toilet and handwashing sink, shall be available to persons utilizing the site for safe parking at all times during the hours of operation. These facilities may be the existing onsite facilities or mobile facilities brought onsite on a temporary basis to serve persons utilizing safe parking.

      (5)   Contact information. The following emergency contact information shall be posted on site in a place readily visible to persons utilizing safe parking: (i) a contact phone number for the safe parking program operator; (ii) the police non-emergency phone number; and (iii) 911. The safe parking program operator shall be available at all hours of operation at the posted phone number and shall be the first contact for non-emergency matters.

      (6)   Connection to county case management system. The safe parking use shall be managed and operated by a safe parking program operator that participates in the Santa Clara County Homeless Management Information System.

      (7)   Safe, clean, orderly premises. The safe parking area and other onsite areas accessed by persons utilizing safe parking shall be maintained in a safe, clean and orderly condition and manner.

      (8)   No leakage of contaminants. Black/grey water from vehicles shall be properly disposed offsite in accordance with all relevant laws and regulations. Vehicles that leak domestic sewage (including black/gray water) or other waste fluids or solids, or other fluids (including, but not limited to, gasoline, transmission or radiator fluid or engine oil), excluding potable water, are prohibited.

      (9)   Compliance with laws. The safe parking use shall be operated in a manner that is fully in conformance with all state and local laws and regulations.

(Ord. 5505 § 3, 2020)

      This section sets forth special regulations applicable to the construction of two dwelling units on single family lots in the R-1 (and R-1 subdistricts) and R-E zone districts, pursuant to California Government Code Sections 65852.21 and 66411.7 (SB 9, 2021). In the event of a conflict between the provisions of this section and the generally applicable regulations of Chapters 18.10, 18.12, and 18.52-18.80, inclusive, the more permissive provision shall prevail.

      As used in this section:

         (1)   Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse, impact.

         (2)   “Sufficient to allow separate conveyance” means the two dwelling units constitute clearly defined, separate, and independent housekeeping units without interior access points to the other dwelling unit.

         (3)   “Two dwelling units” means the development proposes two new units on a vacant lot or proposes to add one new unit to one existing unit on a lot. This does not include the development of a single dwelling unit on a vacant lot.

         (4)   “Unit” means any dwelling unit, including, but not limited to a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.

      When an application is submitted that includes both (1) the construction of two dwelling units under this section and (2) other redevelopment work that is not integral to creation of a new dwelling unit and would generally require discretionary review, only the portions required for construction of dwelling units shall be reviewed ministerially. In addition, this section shall not apply in any of the following circumstances:

      (1)   Parcels described California Government Code Section 65913.4, subdivisions(a)(6)(B) through (a)(6)(K) inclusive, as that section read on September 16, 2021. Such parcels include, for example, parcels located in wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), and in special flood hazard areas or regulatory floodways (unless the site meets certain federal requirements for development).

      (2)   Parcels on which an owner of residential real property has exercised the owner's rights under state law to withdraw accommodations from rent or lease within the past 15 years.

      (3)   The development would require alteration or demolition of any of the following types of housing:

         (A)   Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

         (B)   Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

         (C)   Housing that has been occupied by a tenant in the last three years.

      (4)   The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the city's historic inventory.

      (5)   The building official finds that the development would have a specific, adverse impact on public health and safety that cannot be feasibly mitigated or avoided.

      (1)   The Director is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for the development of dwelling units under this section.

      (2)   The city shall ministerially approve or disapprove an application pursuant to this section.

      (3)   The director of planning shall consider and approve or deny an application for a proposed housing development pursuant to this section within 60 days from the date the city receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.

      (4)   If the director denies an application for a proposed housing development pursuant to this section, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

      (1)   A project proposing two dwelling units on a parcel in the R-1 or RE districts shall be subject to the development standards set forth in Chapters 18.12 and 18.10, respectively except as provided herein.

      (2)   All construction pursuant to this section shall comply with objective design standards adopted by the City Council for two-story development, except to the extent necessary to construct a unit of 800 square feet. However, an applicant seeking to deviate from the objective design standards may elect to submit an application for single family individual review.

      (3)   If the application of any development standard or design standard would necessarily require that one or more proposed units be less than 800 square feet, such standard shall be relaxed to the minimum extent necessary to allow construction of a unit or units of at least 800 square feet. The Director may publish regulations governing the order in which objective standards shall be waived or relaxed in such circumstances.

      (6)   Accessory structures, such as garages and shed are permitted consistent with the provisions of the zoning district.

      (7)   The Director of Public Works may promulgate standards for adjacent public improvements, such as curb cuts and sidewalks, in relation to development pursuant to this section.

      (1)   A maximum of two units may be located on any parcel that is created by an Urban Lot Split under Chapter 21.10. Accessory dwelling units and junior accessory dwelling units shall not be permitted on any such parcel already containing two units.

      (2)   On parcels that are not the result of an Urban Lot Split under Chapter 21.10, accessory dwelling units may be proposed in addition to the primary dwelling unit or units, consistent with Chapter 18.09.

      (3)   A rental of any unit created pursuant to this section shall be for a term longer than 30 consecutive days.

      (4)   For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

      (5)   Each unit shall have a permanent street address.

      (6)   The owner and all successors in interest in the subject property shall agree to participate in any city survey of properties that have constructed dwelling units pursuant to this section.

   This section shall remain in effect until such time as Government Code Section 65852.21 is repealed, superseded, or invalidated by a court of competent jurisdiction, or its requirements for ministerial approval of no more than two units on a single family zoned lot are materially amended, whether by legislation or initiative, at which time this section shall become null and void.

(Ord, 5645 § 7, 2025: Ord. 5641 § 7, 2024: Ord. 5587 § 16, 2023: Ord. 5546 § 2, 2022: Ord. 5542 § 15, 2022: Ord. 5538 § 15, 2021)

      This section implements California Government Code Sections 65852.28, 65913.4.5, and 66499.41 (Senate Bill 684, 2023) by establishing regulations for development of up to ten units on lots subdivided pursuant to Chapter 21.11.

      (1)   Housing development projects on a lot or lots subdivided pursuant to Chapter 21.11 and California Government Code Section 66499.41 shall be ministerially reviewed and processed through the City’s Ministerial and By Right Review Process (set forth in PAMC Section 18.77.074), in accordance with Government Code Section 68582.28.

      (2)   Building permits for such projects may be issued prior to recordation of a final map, in accordance with Government Code Section 65913.4.5.

      (1)   Housing development projects shall be subject to the development standards set forth in the applicable zone district.

      (2)   Proposed parcels containing up to two units shall comply with all objective standards for SB 9 projects, as adopted by the City Council, the Director of Planning and Development Services, or the Director of Public Works, except that no setback shall be required between units unless in accordance with the California Building Code, as locally amended.

      (3)   Proposed parcels containing three or more residential units or mixed uses shall comply with Chapter 18.24 (Contextual Design Criteria and Objective Design Standards).

(Ord. 5651 § 2, 2025)

   (A)   Purpose

      The purpose of this section is to protect the public health, safety, and welfare by imposing reasonable land use regulations on the sale of firearms within the city.

   (B)   Definitions

      In addition to the definitions in Section 18.04.030 of this code, the definitions in Section 4.57.010 of the Palo Alto Municipal Code, as may be amended from time to time, shall apply to this section, unless the context indicates otherwise.

   (C)   Conditional Use Permit Required in Tandem with Firearms Dealer Permit

      A conditional use permit shall be required to operate a firearms dealer business in any district where such use is permitted. This requirement shall apply in addition to the requirement for a firearms dealer permit issued by the chief of police in accordance with Chapter 4.57 (Firearms Dealers).

   This section sets forth regulations for housing development projects of up to ten units on a lot that is subdivided pursuant to Government Code Section 66499.41 and Palo Alto Municipal Code Chapter 21.11. This section implements Senate Bills 684 (2023) and 1123 (2024), as codified in Government Code Section 65852.28, 65913.4.5, and 66499.41. In the event of a conflict between the provisions of this section and the generally applicable regulations of the sites’ respective zone district, or the regulations contained in Chapters 18.52-18.80, inclusive, the more permissive provision shall prevail.

   This section shall apply to parcels zoned for multi-family use and to vacant parcels zoned for single-family use that meet the criteria set forth in Government Code Section 65852.28.

   (1)   The director is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for the development of dwelling units under this section.

   (2)   The city shall ministerially approve or disapprove an application pursuant to this section.

   (3)   The Director of Planning shall consider and approve or deny an application for a proposed housing development pursuant to this section within 60 days from the date the city receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.

   (4)   If the director denies an application for a proposed housing development pursuant to this section, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

   (1)   A project proposing a small lot subdivision of up to 10 dwelling units on a parcel in any zone district pursuant to California Government Code Section 65852.28 shall be subject to the development standards set forth in the respective zone district, except as otherwise provided herein.

   (2)   An applicant may request waiver of a development or design standard to the extent it physically precludes development at a density of 30 dwelling units per acre, except that maximum height may not be waived for a project proposed on a lot zoned single-family use.

   (3)   The average total area for the proposed housing units shall not exceed 1,750 net habitable square feet, as defined in Government Code section 66499.41.

   (4)   The height of the proposed structure shall not exceed the height of the underlying zone district.

   (5)   Setbacks from side and rear property lines, including street-side property lines, shall be no less than four feet, except in the case of existing non-complying structures or structures reconstructed in the same location and to the same dimensions as an existing structure, in which case existing setbacks less than four feet may be maintained. No setback is required from an internal lot line newly created pursuant to Chapter 21.11, for adjacent or connected structures separated by the new lot line, provided that the structures meet building code safety standards.

   (6)   At least one parking space shall be required per unit except that no parking shall be required when the parcel is located within: one-half mile walking distance of a high-quality transit corridor or a major transit stop; or one block of a fixed location car share vehicle. Provided parking shall meet the requirements set forth in 18.54 for parking design except that parking may be covered or uncovered. Parking for accessory or junior accessory dwelling units shall be provided in accordance with Chapter 18.09.

   (7)   Development under this code shall comply with the objective design standards set forth in PAMC Chapter 18.24 or, for development not exceeding two stories, the applicant may elect to comply with the objective design standards adopted by the City Council for two-story development.

   (8)   For a housing development project consistency of three to seven units, inclusive, the floor area ratio shall be no more than 1.0.

   (9)   For a housing development project consisting of 8 to ten units, inclusive, the floor area ratio shall be no more than 1.25.

   (10)   Up to one ADU or one JADU may be constructed on any resulting lot greater than or equal to 2,400 square feet in size.

   (11)   The Director of Public Works may promulgate standards for adjacent public improvements, such as curb cuts and sidewalks, in relation to development pursuant to this section.

   (1)   A maximum of 10 units, excluding accessory and junior accessory dwelling units, may be constructed on no more than 10 parcels created by a small lot subdivision under 21.11.

   (2)   Projects developing more than two units shall comply with the citywide affordable housing requirements as set forth in PAMC Section 16.65

   (3)   Each unit shall have a permanent street address.