Chapter 16.23
R-4-S HIGH DENSITY RESIDENTIAL DISTRICT, SPECIAL

Sections:

16.23.010    Purpose.

16.23.020    Permitted uses.

16.23.030    Conditional uses.

16.23.040    Nonconforming uses.

16.23.050    Development regulations.

16.23.055    Substandard parcel.

16.23.060    Mitigation monitoring.

16.23.070    Design standards and guidelines.

16.23.080    Compliance review procedure.

16.23.010 Purpose.

The purpose of the R-4-S district is to create opportunities for higher density housing in suitable locations deemed appropriate in Menlo Park. Development is intended to blend and enhance existing neighborhoods with application of site development regulations and design standards to minimize impacts to adjacent uses and provide a quality living environment for its residents. Permitted densities in the R-4-S district range from a minimum of twenty (20) dwelling units per acre up to thirty (30) dwelling units per acre. (Ord. 992 § 3 (part), 2013).

16.23.020 Permitted uses.

The following uses are permitted in the R-4-S district:

(1)    Multiple dwellings;

(2)    Accessory buildings;

(3)    Accessory structures. (Ord. 1006 § 14, 2014: Ord. 992 § 3 (part), 2013).

16.23.030 Conditional uses.

Conditional uses allowed in the R-4-S district, subject to obtaining a use permit, are as follows:

(1)    Public utilities in accordance with Chapter 16.76;

(2)    Private schools and churches in accordance with Chapter 16.78;

(3)    Child day care centers in accordance with Chapter 16.78;

(4)    Home occupations in accordance with Section 16.04.340;

(5)    Foster homes;

(6)    Boardinghouses;

(7)    Convalescent homes;

(8)    Senior day care facilities;

(9)    Ancillary neighborhood serving commercial uses up to five percent (5%) of the site area or ten thousand (10,000) square feet, whichever is less, that are part of a mixed use development and the number of dwelling units for the site is in accordance with the anticipated number of units identified in the Housing Element. (Ord. 992 § 3 (part), 2013).

16.23.040 Nonconforming uses.

No legal use of any parcel existing as of the effective date of adoption of an ordinance rezoning the parcel to R-4-S shall be required to obtain a use permit to continue operating such existing use on the parcel, which use became nonconforming solely as a result of such rezoning. (Ord. 992 § 3 (part), 2013).

16.23.050 Development regulations.

Development regulations are as follows in the R-4-S district:

 

Regulation1

Notes

Minimum Lot Area

20,000 sf

 

Minimum Lot Width

100 ft.

See Section 16.04.430 for definition.

Minimum Lot Depth

100 ft.

See Section 16.04.420 for definition.

Density

Minimum

20 du/ac

Densities may be increased with application of the State Density Bonus Law or Affordable Housing Overlay, if applicable.

Maximum

30 du/ac

Minimum Yards

Front

10 ft.

See Section 16.04.720 for definition.

Interior Side

10 ft., except may be reduced to 5 ft. abutting a private access easement

See Section 16.04.740 for definition.

Corner Side

10 ft.

Rear

10 ft.

See Section 16.04.730 for definition.

Maximum Floor Area Ratio

Increase on an even gradient from 60% for 20 du/ac to 90% for 30 du/ac

See Sections 16.04.315 and 16.04.325 for definitions.

Maximum Building Coverage

55%

See Section 16.04.120 for definition.

Minimum Open Space (Landscaping)

25%

See Section 16.04.500 for definition.

Height

Maximum Building Height

40 ft.

See Section 16.04.330 for definition of height of structure.

Building Profile

Starting at a height of 25 feet, a 45-degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.

 

Parking

Vehicular

2 spaces for units w/2 or more bedrooms; 1.5 spaces for 1 bedroom unit; 1 space per studio. Spaces cannot be located in required front yard setbacks or in tandem.

 

Electric Vehicle

The electric vehicle charging spaces requirements in Section 16.72.010 apply.

Bicycle

Long term—1 space per unit where a private garage (per unit) is not provided

Short term (visitor)—1 space per every 10 units

1    A development regulation, except for floor area ratio and density, may be modified subject to a use permit established in Chapter 16.82.

(Ord. 1106 § 4, 2023; Ord. 1050 § 6, 2018: Ord. 992 § 3 (part), 2013).

16.23.055 Substandard parcel.

Notwithstanding anything in this title to the contrary, any parcel whose lot area is less than twenty thousand (20,000) square feet as of the effective date of adoption of an ordinance rezoning the parcel to R-4-S or R-4-S (AHO) shall not be required to obtain a use permit to develop the parcel in accordance with the zoning. However, all other development regulations of the R-4-S or R-4-S (AHO) zoning, other than minimum lot size, shall apply to the parcel. This section shall not apply where action is taken to reduce the minimum lot size of the parcel to less than twenty thousand (20,000) square feet after the effective date of the ordinance rezoning the parcel. (Ord. 992 § 3 (part), 2013).

16.23.060 Mitigation monitoring.

All development within the R-4-S zoning district shall comply, at a minimum, with the Mitigation Monitoring and Report Program (MMRP) established through Resolution No. 6149 associated with the Housing Element Update, General Plan Consistency Update, and Zoning Ordinance Amendments Environmental Assessment prepared for the Housing Element adopted on the twenty-first day of May, 2013. (Ord. 992 § 3 (part), 2013).

16.23.070 Design standards and guidelines.

Construction of a new building, additions to an existing building, and exterior alterations of an existing building occurring within the R-4-S district shall adhere to the development standards and guidelines.

The R-4-S zoning district establishes a combination of development standards and design guidelines to guide the development of higher density housing in a comprehensive and cohesive manner in appropriate locations. Standards are objective and measurable rules required for new development. Guidelines suggest means for enhancing building design, attractiveness and neighborhood fit, as well as residential comfort and usefulness.

Design standards are open to modification subject to architectural control established in Section 16.68.020.

(1)    Building Setbacks and Projections within Setbacks.

(A)    Standards.

(i)    Front, side and rear setback areas shall be developed with a variety of landscaping.

a.    A minimum average of one (1) fifteen (15) gallon container grown tree per twenty (20) linear feet for the length of the property frontage along a public right-of-way is required.

b.    Existing trees located in the public right-of-way along the property frontage shall count towards the minimum tree requirement for that property frontage.

c.    For other setback areas not along a public right-of-way, a minimum average of one (1) fifteen (15) gallon container grown tree per forty (40) linear feet for the length of the property line is required.

(ii)    Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area.

(iii)    Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor.

(iv)    The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one projection shall exceed fifteen percent (15%) of the facade area on which the projections are located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)

(2)    Facade Modulation and Treatment.

(A)    Standards.

(i)    Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.

(ii)    Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building.

(iii)    In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.

(B)    Guidelines.

(i)    Minor facade modulation may be accompanied with a change in fenestration pattern, and/or material, and/or color, and/or height.

(ii)    Blank walls at ground floor are discouraged and should be minimized. When unavoidable, continuous lengths of blank wall at the street should use other appropriate measures such as landscaping, additional architectural enhancement, or artistic intervention such as murals.

(iii)    Entries should be prominent and visually distinctive from the rest of the facade with creative use of scale, materials, glazing, projecting or recessed forms, architectural details, color, and/or awnings.

(iv)    The use of articulation, setbacks and varying materials is encouraged to minimize bulk and massing and provide visual interest.

(v)    Architectural details and elements such as reveals, score-lines, trim, and/or other architectural elements and features should be scaled appropriately based on viewing distance (i.e., finer grain details from pedestrian viewpoints and large scale details from more distant viewpoints).

(vi)    Where a building intersects a street, consider providing a break in the building to provide view corridors.

(3)    Building Profile.

(A)    Standards.

(i)    The facade of a building shall be limited to one major step back. (See Figure 2.)

(ii)    Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection within the setbacks section and shall be architecturally integrated into the design of the building. (See Figure 3.)

(iii)    Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile and shall be architecturally integrated into the design of the building.

(iv)    Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall be architecturally integrated into the design of the building.

(4)    Height.

(A)    Standards.

(i)    Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height, and shall be architecturally integrated into the design of the building.

(ii)    Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height. Such rooftop elements shall be architecturally integrated into the design of the building.

(iii)    Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet. Such rooftop elements shall be architecturally integrated into the design of the building.

(5)    External Materials.

(a)    Standards.

(i)    Buildings shall be designed and incorporate materials that discourage graffiti. Windows, doors, and small architectural features are exempt from this requirement.

(ii)    All external stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted.

(iii)    Stucco on the external facade shall be limited to no more than eighty percent (80%) of the entire area of an elevation, inclusive of all windows and doors.

(iv)    All external windows where in solid walls shall be inset by a minimum of two (2) inches from the face of the external finishes.

(v)    When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.

(B)    Guidelines.

(i)    Materials should be selected to reinforce architectural character, building articulation and add visual interest.

(ii)    Changes in material and/or color should be used to articulate building elements such as building entries; base, body and parapet caps; or bays and arcades.

(iii)    Changes in material and/or colors should occur at appropriate facade locations to appear integral with the building massing.

(iv)    High quality materials that are distinctive from the main external wall finish of the building, such as decorative concrete, masonry or tile, should be used at important locations to articulate the building facade, providing visual interest as well as durable performance.

(6)    Building Entries.

(A)    Standards.

(i)    When a residential building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.

(B)    Guidelines.

(i)    Building entries are allowed to be recessed from the primary facade.

(ii)    Entries should be prominent and visually distinctive from the rest of the facade through creative use of materials, scale, glazing, projecting or recessed forms, architectural details, color and/or canopies.

(iii)    Multiple entries at street level are encouraged where appropriate.

(iv)    Ground floor residential units are encouraged to have their entry from the street.

(v)    Stoops and entry steps from the street are encouraged when compliant with applicable accessibility codes. Stoops associated with landscaping create visually attractive, inviting and usable transitions from private spaces to the street.

(7)    Open Space.

(A)    Standards.

(i)    Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided.

(ii)    Depending on the number of dwelling units, common open space shall be provided to meet the following criteria:

a.    Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum).

b.    Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

c.    One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).

(B)    Guidelines.

(i)    Private and/or common open spaces are encouraged in all developments as part of building modulation and articulation to enhance building facade.

(ii)    Private open space should be designed as an extension of the indoor living area, providing an area that is usable and has some degree of privacy.

(iii)    Landscaping in setback areas should define and enhance pedestrian and open space areas. It should provide visual interest to streets and sidewalks, particularly where building facades are long.

(iv)    Landscaping of open spaces should be attractive, durable and drought-resistant.

(v)    Common open space should be accessible and located convenient to residents.

(vi)    Open space should be sited and designed to be appropriate for the size of the development and accommodate different activities, groups and both active and passive uses.

(8)    Parking.

(A)    Standards: none.

(B)    Guidelines.

(i)    The location, number and width of parking should be limited to minimize breaks in building design, sidewalk curb cuts and potential conflicts with streetscape elements.

(ii)    Surface parking should be visually attractive, address security and safety patterns, and provide landscaping and canopy trees for shade.

(iii)    To minimize or eliminate their visibility and impact from the street and other significant public spaces, parking garages should be underground, wrapped by other uses and/or screened from view through architectural and/or landscape treatment.

(iv)    Whether freestanding or incorporated into overall building design, garage facades should be designed with a modulated system of vertical openings and pilasters, with design attention to an overall building facade that fits comfortably and compatibility into the pattern, articulation, scale and massing of surrounding building character.

(v)    Introduce safe pedestrian pathways, connecting the parking lot to building entries and public sidewalks, using elements such as marked crossings, clear signage and supplementary lighting.

(vi)    To reduce water consumption and heat island effect, incorporate shade, use indigenous plant materials and use permeable materials, where appropriate.

(vii)    A mix of tree types should be incorporated into the planting palette, where at least fifty percent (50%) of the trees have a mature height of at least thirty (30) feet.

(viii)    Trees should be appropriately spaced and installed to allow for growth and prevent root damage to parking lot surfaces.

(ix)    Parking lot lighting should not conflict with the location or growth of the trees.

(x)    Parking lot light standards no greater than sixteen (16) feet in height are strongly encouraged.

(9)    Bicycle Parking.

(A)    Standards.

(i)    Each long-term bicycle parking space shall consist of a locker or locked enclosure, such as a secure room or controlled access area, providing protection for each bicycle from theft, vandalism and weather. A private locked storage unit that can accommodate a bicycle satisfies this requirement. Within a common residential building garage, bicycle parking shall be located within forty (40) feet of common access points into the building.

(ii)    Short-term bicycle parking shall consist of a bicycle rack or racks at street level and is meant to accommodate visitors.

(iii)    Bicycle parking facilities shall not impede pedestrian or vehicular circulation.

(B)    Guidelines.

(i)    Visitor bicycle racks should be positioned in areas with active visual surveillance and night lighting, and protected from damage from nearby vehicles.

(ii)    Bicycle racks for short-term parking should be located in convenient locations to each building’s main entries.

(iii)    The location and design of required bicycle parking shall be of a quality, character and color that harmonize with adjoining land uses. Required bicycle parking shall be incorporated whenever possible into building design or street furniture.

(iv)    Racks should be located with at least thirty (30) inches of clearance in all directions from any obstruction, including but not limited to other racks, walls and landscaping.

(10)    Shade and Shadow.

(A)    Standards.

(i)    Development shall be designed so that shadow impacts on adjacent shadow-sensitive uses (e.g., residential, recreational, churches, schools, outdoor restaurants, historic buildings, and pedestrian areas) are minimized to the best extent possible. Shadow-sensitive uses shall not be shaded by project-related structure for more than three hours between the hours of nine (9) a.m. and three (3) p.m. Pacific Standard Time (between late October and early April), or for more than four hours between the hours of nine (9) a.m. and five (5) p.m. Pacific Daylight Time (between early April and late October).

(11)    Lighting.

(A)    Standards.

(i)    Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.

(ii)    Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

(B)    Guidelines.

(i)    Energy-efficient and color-balanced outdoor lighting, at the lowest lighting levels possible, is encouraged to provide for safe pedestrian and auto circulation.

(ii)    Installation of high-efficiency lighting systems with advanced lighting control, including motion sensors tied to dimmable lighting controls or lighting controlled by timers set to turn off at the earliest practicable hour, are recommended. (Ord. 992 § 3 (part), 2013).

16.23.080 Compliance review procedure.1

Each development proposed under the R-4-S zoning requires review for compliance with Sections 16.23.050 and 16.23.070 prior to submittal of a building permit for any new structure containing residential dwelling units.

(1)    Application. Requests for compliance review shall be made in writing by the owner of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposal per submittal guidelines established by the community development director.

(2)    Noticing. Upon receipt of an application, a notice shall be mailed to all property owners and building occupants within three hundred (300) feet of the exterior boundary of the property involved, using for this purpose the last known name and address of such owners as shown upon the current assessment roll maintained by the city. The notice shall include a description of the proposal, methods for providing comments, and date and time of a public meeting.

(3)    Public Meeting. Prior to making a determination of compliance, the planning commission shall conduct a study session. The review by the planning commission shall be advisory and nonbinding and shall be limited to the architectural design of the proposal relative to the design standards and design guidelines.

(4)    Compliance Determination. The community development director or his or her designee shall make a determination of compliance in writing after reviewing the project plans and considering any comments received. The determination of the community development director is final and not subject to appeal. (Ord. 992 § 3 (part), 2013).


1

Code reviser’s note: Ordinance 992 adds these provisions as Section 16.23.060. The section has been editorially renumbered to avoid duplication.