Prepared by City of Palo Alto
Department of Planning and Community Environment
February, 2002

TABLE OF CONTENTS

A. BACKGROUND

B. REVIEW AND UPDATE OF CURRENT LAND USE INVENTORY

C. LAND USE CATEGORIES AND GROUPINGS

D. LAND USES SUBJECT TO SPECIAL REGULATIONS

E. LAND USES REGULATED BY STATE LAWS AND LICENSES

F. LAND USE POLICY ISSUES AND QUESTIONS

G. NEXT STEPS

A. BACKGROUND   [top] 

In July 2001, the Department of Planning and Community Environment prepared a discussion paper for the Palo Alto Zoning Ordinance Update entitled, Land Uses and Use Classifications. The land use paper was presented and discussed at a Planning and Transportation Commission (Commission) study session held on July 25, 2001. The Commission acknowledged the current issues and challenges summarized in the paper and provided the following comments and direction:

1. The Commission agreed that the current inventory of land uses in Title 18 is not comprehensive and up-to-date. As well, the Commission concurred that the current land use definitions are broad and ambiguous, making interpretations more difficult.

2. The Commission favored the approach of grouping like land uses into categories.

3. The Commission concurred with the concept of establishing special regulations for certain land uses, similar to what is done in other communities.

This second discussion paper has been prepared to address these issues and to present a number of suggestions for approaching land use issues and use classifications for Palo Alto's Zoning Ordinance. In contrast to a New Urbanism approach, which de-emphasizes land use regulation (addressed in a separate discussion paper), it is assumed that Palo Alto's Zoning Ordinance will continue to emphasize land uses to delineate or characterize zoning districts. The following tasks have been completed for this discussion paper:

1. The inventory of land uses, use classifications and land use terms currently cited and/or defined in the Zoning Ordinance (Title 18) has been reviewed and updated. This update includes a recommendation to delete, replace or re-name certain land uses and land use terms. Similarly, this update includes recommendations for new land uses and use classifications.

2. Broad land use categories and suggested groupings of like land uses have been drafted for review and discussion.

3. Certain land uses that could be subject to special regulations have been identified for discussion. Land uses that are subject to laws and licenses that are regulated by the State have also been identified.

4. Policy issues and questions requiring discussion and direction for proceeding with the next steps and tasks have been identified.

B. REVIEW AND UPDATE OF CURRENT LAND USE INVENTORY  [top] 

The July 2001 discussion paper included a table listing (alphabetically) all current Title 18 land uses and land use terms, and identifying each use as permitted, prohibited, or requiring a Conditional Use Permit. A copy of this table is appended to this paper as Table 1 and used as a basis for the proposed land use revisions.

Tiered Uses

It is important to note that the current Zoning Ordinance presents a traditional "tiered" approach to land uses. This means that uses allowed in more restrictive zoning districts are also allowed in less restrictive zoning districts. For example, single-family residential and two-family residential (duplex) uses are permitted in all multiple-family residential, commercial and industrial zoning districts. A disadvantage of this traditional approach is that land uses such as single-family residential may not be desirable in certain commercial and in industrial zoning districts. A policy question is whether this practice should be continued.

Deletion, Renaming and Replacement of Land Uses

In reviewing the inventory, it was determined that a number of the land uses, use classifications and land use terms should be deleted, replaced or re-named. For example, the land use term Automobile Service should be replaced with the term Vehicle Services to comprehensively include automobiles and other vehicles (e.g., trucks, recreational vehicles). An example of a land use that should be deleted is a "Studio Dwelling Unit." This land use is not defined and is more appropriately combined with Second Dwelling Unit. Another example of a land use that should be deleted is "Horticultural Gardening," which is intended to address the growing of food products for consumption by the occupants/residents of a site. Such incidental uses (e.g., home occupation, horticultural gardening) are more appropriately included in a separate code section addressing incidental uses.

A list of the current land uses, use classification and land use terms suggested for deletion, replacement or re-naming is provided in the attached Table 2.

New Land Uses and Use Classifications

The following sources were considered for identifying new land uses and use classifications:

1. Staff researched and considered the Standard Industrial Classification System (SIC) and the North American Industrial Classification System (NAICS) for identifying new land uses. The SIC tracks and codes new industries as they are established and developed and categories are based on production- and market-oriented economic concepts. The NAICS categories are based on the type of activities performed. This system is intended to define and classify newer land uses and to reflect recent planning trends. The following have been identified from the SIC and NAICS for consideration as potential new land uses and use classifications that are not currently addressed in the Zoning Ordinance:

·       Warehouse Club

·       Home Centers

·       Wholesale Trade

·       Sound Recording Studios

·       Sports and Recreation Instruction

·       Outpatient Care Centers

·       Computer and Electronic Production

·       Biotechnical, Chemical and
Manufacturing (R & D)

·       Pharmaceutical Production (R & D)

   



2. The Palo Alto 1998-2010 Comprehensive Plan recognized the on-going changes in planning trends and land uses. The following is a list of the land uses that are identified in the Comprehensive Plan, which will require inclusion and definition in the Zoning Ordinance update:

·       Mixed Use (Retail/Office, Retail/Residential and Office/Residential)

·       Neighborhood-Serving Use

·       Live-Work

3. Staff reviewed the more recently adopted zoning ordinances from ten California communities of similar size and with similar issues. The following is a list of land uses and use classifications from these ordinances, which should be considered for inclusion in the Zoning Ordinance:

·       Bed and Breakfast

·       Catalogue Sales

·       Printing and Publishing

·       Business Support Facilities

·       Accessory Retail Use

·       Telecommunication Facilities

·       Equestrian Facilities

·       Health/Fitness and Recreational

·       Sports Center

An inventory of existing and suggested new land uses and use classifications is provided in the attached Table 3. 
 

C. LAND USE CATEGORIES AND GROUPINGS  [top] 

As noted in the first land use discussion paper, the "grouping" of land uses into broad land use categories is a commonly used technique in newer zoning ordinances used successfully by many communities. Land uses are typically and logically placed within a broad use category (e.g., "Residential Uses") and are either grouped or listed with similar uses.

An important advantage to grouping land uses is that it limits the need to provide a detailed definition for each specific land use. The disadvantage to the "grouping" approach is a user must identify the category first rather than simply looking up a use alphabetically.

Categories

In reviewing the inventory of existing and suggested new land uses, it is apparent that the uses typically fall within a broad use category such as "Residential Uses," or "Retail Uses." The following are broad land use categories that are suggested for discussion:

1.     Service Uses

2.     Office Uses

3.     Manufacturing and Processing Uses

4.     Recreation Uses

5.     Education, Religious and Assembly Uses

6.     Transportation Uses

7.     Public/Quasi-Public Facility Uses

8.     Residential Uses

9.     Agricultural and Open Space Uses

10. Mixed Use

11. Temporary Uses

12. Accessory and Support Uses

Grouping "Like" Uses

The attached Table 3 presents a listing of existing and suggested new land uses within each of the above use categories. Within each category, land uses are either listed individually or are grouped with similar land uses. For example, "Day Care Centers would represent a group that includes "Adult Day Care Centers," "Child Day Care Centers," "Large Day Care" and "Small Day Care." Land uses within this group be listed individually, as the regulations for the establishment, operation and location of each use may vary.

Definitions

One of the next steps in the identification of appropriate uses will be the development of land use definitions. Depending upon the type of land use, definitions will be developed for a category, a land use group, or a specific land use. The following is an example of a definition for "Financial Services," which would represent a land use "group":

Financial Services: A use that provides the services of banking, financial and/or investment assistance to customers and clients, which include but are not limited to banks, savings and loans, credit unions and brokerage houses.

This approach would eliminate the need to develop a definition for each of the similar land uses within this group.

The following is a sample definition for "Personal Services," which is an individual land use classification that could include a list of the types of personal services:

Personal Services: A use that provides a personal service that is non-medical and may include accessory retail sales of products related to the services that are provided. Examples of personal services include, but are not limited to the following: beauty and barber shop, dry cleaners, pick-upshoe repair, Laundromat, tailor, video rental and travel agency.


An example of such a hierarchy of "category," "group," and "specific use" would look something like the following:

Neighborhood-Serving Uses

Definitions will also need to be developed for land uses that the Palo Alto Comprehensive Plan recommends addressing in the Zoning Ordinance Update. One example is "neighborhood-serving uses," which have been the focus of discussion in the Charleston Center and Midtown areas, for which interim ordinances are now in effect. "Neighborhood-serving uses" could be addressed through any of the following approaches:

1. Define "neighborhood-serving" and require findings that proposed uses are determined to be "neighborhood-serving." Note: such a definition was included in the interim ordinances as follows:

"A neighborhood-serving use primarily serves individual consumers and households, not businesses, is generally pedestrian 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 goods or services travelling off-site."

While this was an acceptable interim approach, staff was directed to review alternatives as part of the Zoning Ordinance Update.

2. Establish a separate "Neighborhood-Serving Uses" category, which could include grouped uses such as "Neighborhood Retail Uses" and "Neighborhood Service Uses," with each being separately defined. The advantage to this approach is that it would provide a separate and distinct category for such uses. The disadvantages are that it would add yet another use category to the list, and entails the same problem as alternative #1 of providing a definition for "neighborhood-serving."

3. Consider size and type limits for uses by zoning district (particularly the "Neighborhood Commercial" (CN) district), which are also important components of the interim "ground floor" regulations in the Charleston Center and Midtown Shopping District.

D. LAND USES SUBJECT TO SPECIAL REGULATIONS  [top] 

The first land use discussion paper reported that "special regulations" have been established in many communities for certain land uses. Special regulations are generally placed within a separate chapter or section of the zoning ordinance to address the following:

1. Specific land uses that are unique, requiring a specific set of design, operational or performance standards such as drive-in/drive-through facilities and child care facilities. In some cases a Conditional Use Permit may be required, but in others it may be sufficient for permits to be granted subject to compliance with the required standards;

2. Land uses that are required to address state-mandated standards such as liquor sales, family day care homes, or adult-related entertainment uses; and

3. Land uses that have the potential to create nuisances requiring special operational standards, such as animal keeping/kennels, motor vehicle repair and home occupations.

Staff has identified a list of existing or suggested new land uses that could potentially be subject to special regulations. These land uses include the following:

·       Adult Day Care Centers

·       Child Care Centers

·       Kennels (Animal Care Services)

·       Emergency Medical Clinic- 24 Hours

·       Outdoor Storage

·       Drive-in/Take Out Services

·       Telecommunication Facilities

·       Home Occupations

·       Accessory and Support Uses

·       Recycling Centers

·       Major Vehicle Repair

·       Minor Vehicle Maintenance

E. LAND USES REGULATED BY STATE LAWS AND LICENSES   [top] 


Certain land uses are regulated or licensed by state law. In some circumstances, state laws or licenses limit the City's ability to regulate the location, operation, size and intensity of a use. Those land uses that are regulated by state laws or licenses are identified in the attached Table 3. Land uses regulated by state laws and licenses include:

·       Health and Residential Care Facilities

·       Family Day Care Homes (child care, distinguished as Large Day Care Homes and Small Day Care Homes)

·       Adult and Child Care Centers

·       Alcoholic Bevereage Sales

·       Reverse Vending Machines

F. LAND USE POLICY ISSUES AND QUESTIONS   [top] 

In reviewing the inventory and grouping of existing and suggested new land uses, there are certain land uses, which raise issues that should be addressed. In particular, the City should consider the advantages and disadvantages of the following approaches:

1. Grouping use categories? Are the suggested land use categories and "groupings" of like land uses appropriate?

2. Continuing to use the "tiered" approach to land uses where uses that are allowed in more restrictive zoning districts are allowed in the less restrictive zoning districts? Should single-family residential and two-family residential (duplex) continue to be allowed in the multiple-family residential, commercial and industrial zoning districts?

3. Establishing a separate land use category or individual use classifications for neighborhood-serving uses? Should a separate land use category or use classification and definition be developed for neighborhood-serving uses or should "neighborhood-serving" be distinguished from "retail uses" or "service uses" by special regulations such as use and size limits?

4. Regulating the hours of operation for a specific use through a Conditional Use Permit? Should 24-hour uses require a Conditional Use Permit?

5. Permitting fueling stations with convenience stores?

6. Modifying the retail use definition to distinguish catalogue sales, sales by appointment and off-site delivery from conventional retail sales?

7. Establishing a land use grouping for "Shopping Centers," which could include Neighborhood Centers, Community Shopping Centers and Regional Shopping Centers?


G. NEXT STEPS  [top] 

Community meetings and/or focus groups will be held during the month of March to discuss land uses, as well as the category and grouping approaches that are outlined in this paper. Following these meetings, staff will be returning to the Planning and Transportation Commission with draft land use definitions. Staff will also be returning with a revised Land Use table, which lists land uses and use categories, grouped zoning districts and use regulations by district. This type of table is intended to identify where a particular land use may be permitted, prohibited, subject to a Conditional Use Permit, or subject to special regulations, depending upon the zoning district