HomeMy WebLinkAbout2020-10-05 City Council Agendas (7)
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TO: HONORABLE CITY COUNCIL
FROM: JONATHAN LAIT, DIRECTOR
DATE: OCTOBER 5, 2020
SUBJECT: AGENDA ITEM 8 - ADOPTION OF SEVERAL ORDINANCES REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AMENDING PALO ALTO MUNICIPAL CODE TITLES 16 (BUILDING) AND 18
(ZONING); AMENDMENTS INCLUDE REPEALING SECTION 18.42.040
(ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS) AND ADDING A NEW
CHAPTER 18.09 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS); AND UPDATING CHAPTERS 18.04 (DEFINITIONS), 16.58
(DEVELOPMENT IMPACT FEES), 16.04 (CALIFORNIA BUILDING CODE), 16.06
(CALIFORNIA RESIDENTIAL CODE), AND 16.14 (CALIFORNIA GREEN BUILDING
STANDARDS CODE). ENVIRONMENTAL ASSESSMENT: EXEMPT FROM REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTIONS
15061(B)(3), 15282(H), 15301, 15302 AND 15305 (CONTINUED FROM AUGUST
17, 2020)
The attached document is an annotated ordinance intended to serve as a crosswalk between
the new proposed language and the municipal code’s existing language and code sections.
There is no change to any of the regulatory language between this document and the
ordinance included in the Council’s packet. This ordinance is for reference only.
The ordinance included in the packet completely reorganizes the City’s ADU regulations into a
new chapter, clarifies existing language and introduces new policies. The attached annotated
ordinance directs the reader to the current corresponding section in the municipal code for
those interested in comparing the proposal to existing code.
_______________________ _________________________
Jonathan Lait Ed Shikada
Director of Planning & Development Services City Manager
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto
Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior
Accessory Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Housing in California is increasingly unaffordable. In 2017, the average California home
cost about 2.5 times the national average home price and the monthly rent was 50%
higher than the rest of the nation. Rents in San Francisco, San Jose, Oakland, and Los
Angeles are among the top 10 most unaffordable in the nation.
B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home currently costs
about 8 times the national average home price and the monthly rent is about 2.5 times the
national average.
C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City must
not only provide housing but also ensure affordability.
D. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 (“State ADU Law”)
pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”)
and were approved by the California Legislature on September 13, 2019 and signed by the
Governor on October 9, 2019. These bills, codified primarily in California Government Code
sections 65952.2 and 65952.22, are intended to spur the creation of lower cost housing by
easing regulatory barriers to the creation of ADUs and JADUs.
E. This ordinance is adopted to comply with the mandates of the State ADU Law.
SECTION 2. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is deleted in
its entirety.
SECTION 3. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18
(Zoning) of the Palo Alto Municipal Code (“PAMC”) is added to read:
18.09.010 Purpose /* This section is taken from current 18.42.040(a)(1) */
The intent of this Chapter is to provide regulations to accommodate accessory and junior
accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing stock
and additional affordable housing opportunities. These units shall be separate, self-contained
living units, with separate entrances from the main residence, whether attached or detached.
The standards below are provided to minimize the impacts of units on nearby residents and
throughout the city, and to assure that the size and location of such dwellings is compatible
with the existing or proposed residence(s) on the site and with other structures in the area.
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18.09.020 Applicable Zoning Districts
/* This section is taken from current 18.42.040(a)(2)
*/
The establishment of an accessory dwelling unit is permitted in zoning districts when single-
family or multi-family residential is a permitted land use.
18.09.030 Units Exempt from Generally Applicable Local Regulations
/* This section is a restatement and clarification of current 18.42.040(a)(5). The proposed paragraph below introduces the concept of Gov. Code section 65852.2(e) and summarizes the types of ADUs entitled to special treatment under that subsection of the state law.
*/ (a) Government Code section 65852.2, subdivision (e) provides that certain units shall be approved notwithstanding state or local regulations that may otherwise apply. The following types of units shall be governed by the standards in this section. In the event of a conflict between this section and Government Code section 65852.2, subdivision (e), the Government Code shall prevail. i. An ADU or JADU within the existing space of a single-family dwelling or an ADU within the existing space of an accessory structure (i.e. conversion without substantial addition). ii. An ADU or JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing single-family dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks.
iv. ADUs created by conversion of portions of existing multi-family dwellings not used as livable space.
v. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table 1.
/* The following table summarizes the criteria that must be met to qualify for special treatment under Gov. Code section 65852.2(e). These criteria are currently provided in a narrative format in 18.42.040(a)(5). The proposed table also includes some provisions that go beyond the strict requirements of state law – e.g. allowing an attached ADU to be built in conjunction with a JADU. Finally, two of the footnotes clarify the application of local law to these ADUs (loft space counting as floor area and the inapplicability of local flood zone height bonus).
*/
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Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
Single-Family Multi-Family Conversion of Space Within an Existing Single-Family Home or Accessory Structure
Construction of Attached ADU Within the Space of a Proposed Single-Family Home
New Construction of Detached ADU
Conversion of Non-Habitable Space Within Existing Multi-family Dwelling Structure
Conversion or Construction of Detached ADU
Number of Units Allowed1 1 (ADU or JADU) 1 25% of the existing units (at least one) 2
Minimum size2 150 sf Maximum size2 N/A3 800 sf N/A
Setbacks
N/A, if condition is sufficient for fire and safety
Underlying zone standard for Single Family Home (ADU must be within space of Single-Family Home)
4 feet from side and rear lot lines; underlying zoning for front setback
N/A
4 feet from side and rear lot lines; underlying zoning for front setback Daylight Plane N/A N/A Maximum Height N/A 164 N/A 164
Parking None
State Law Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D)
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or proposed single family home. (2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit’s floor area. (3) Up to 150 sf may be added for the purpose of ingress and egress only. (4) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling. (c) Development standards stated elsewhere in this Section or Title 18, including standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify for approval under this section.
/* The following subsections (d) through (k) state additional requirements for ADUs entitled to special treatment under Gov. Code 65852.2(e), all of which are currently stated in 18.42.040. Under the current ordinance, readers are directed to look variously to 18.42.040(a)(5), (a)(6), (a)(9), and (a)(10) to find all applicable requirements. The proposed ordinance condenses these requirements and allows readers to simply look in one place.
*/ (d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant to this section shall not be conditioned on the correction of non-conforming zoning conditions; provided, however, that nothing in this section shall limit the authority of the Chief Building Official to require correction of building standards relating to health and safety.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.
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(g) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(h) Conversion of an existing accessory structure pursuant to Government Code section 65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long as the renovation of reconstruction does not increase the degree of non-compliance, such as increased height, envelope, or further intrusion into required setbacks.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in emergency response. (j) The unit shall not be sold separately from the primary residence.
(k) JADUs shall comply with the requirements of Section 18.09.050.
18.09.040 Units Subject to Local Standards
/* This section collects ADU regulations that are currently spread across 18.42.040(a)(3), a(4), a(6), a(7), a(8), a(9), and a(10). Rather than having separate sections for Attached ADUs and Detached ADUs as well as a section with regulations pertaining to all ADUs, the proposed ordinance summarizes the regulations in a table with additional narrative requirements, similar to the treatment of development standards in other sections of the zoning code. Except as noted in the staff report, these regulations can all be found in current section 18.42.040.
*/ (a) This section shall govern applications for ADUs and JADUs that do not qualify for approval under section 18.09.030 and for which the City may impose local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). (b) The Development Standards for units governed by this section are provided in Table 2. Table 2: All other Units Attached Detached JADU Number of Units Allowed1 1 1
Minimum size 150 sf
Maximum size
900 sf (1,000 sf for two or more bedrooms); no more than 50% of the size of the single-family home
900 sf (1,000 sf for two or more bedrooms) 500 sf
Setbacks 4 feet from side and rear lot lines; underlying zone standard for front setback
Daylight Plane Initial Height 8 feet at lot line Angle 45 degrees Maximum Height3 Res. Estate (RE) 30 feet Open Space (OS) 25 feet All other eligible zones 16 feet Parking None Square Footage Up to 800 sf(4) Up to 500 sf(4)
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Exemption
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or proposed single family home (2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit’s floor area. (3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling. (4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800 square feet of the ADU and JADU from FAR, Lot Coverage, and Maximum House Size calculations.
(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction
with the construction of an ADU/JADU.
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and Maximum House Size calculations for a lot with an existing or proposed single family home, up to the amounts stated in Table 2. ADU and/or JADU square footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum House Size calculations for the lot.
(e) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(f) No protected tree shall be removed for the purpose of establishing an accessory dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with the standards in the Tree Technical Manual.
(g) For properties listed in the Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, compliance with the appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties shall be required.
(h) Noise-producing equipment such as air conditioners, water heaters, and similar service equipment, shall be located outside of the setbacks for the ADU/JADU. All such equipment shall be insulated and housed, except that the planning director may permit installation without housing and insulation, provided that a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the city’s Noise Ordinance at the nearest property line. All service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(i) Setbacks
i. Detached units shall maintain a minimum three-foot distance from the primary unit, measured from the exterior walls of structures.
ii. No basement or other subterranean portion of an ADU/JADU shall encroach into a setback required for the primary dwelling.
iii. Projections, including but not limited to windows, doors, mechanical equipment,
venting or exhaust systems, are not permitted to encroach into the required
setbacks, with the exception of a roof eave of up to 2 feet.
(j) Design
i. Except on corner lots, the unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the
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entranceway to the accessory unit is located in the rear half of the lot. Exterior staircases to second floor units shall be located toward the interior side or rear yard of the property.
ii. Privacy
A. Second story doors and decks shall not face a neighboring dwelling unit. Second story decks and balconies shall utilize screening barriers to prevent views into adjacent properties. These barriers shall provide a minimum five-foot, six-inch, screen wall from the floor level of the deck or balcony and shall not include perforations that would allow visibility between properties. B. Second story windows, excluding those required for egress, shall have a five-foot sill height as measured from the second-floor level, or utilize obscured glazing on the entirety of the window when facing adjacent properties. Second story egress windows shall utilize obscured glazing on the entirety of the windows which face adjacent properties.
C. Second story windows shall be offset from neighbor’s windows to maximize privacy.
(k) Parking i. Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU. ii. Replacement parking is required when an existing attached garage is converted to a JADU. These replacement spaces may be provided as uncovered spaces in any configuration on the lot including within the front or street side yard setback for the property.
A. The Director shall have the authority to modify required replacement parking spaces by up to one foot in width and length upon finding that the reduction is necessary to accommodate parking in a location otherwise allowed under this code and is not detrimental to public health, safety or the general welfare. B. Existing front and street side yard driveways may be enlarged to the minimum extent necessary to comply with the replacement parking requirement above. Existing curb cuts shall not be altered except when necessary to promote public health, safety or the general welfare. iii. When parking is provided, the unit shall have street access from a driveway in common with the main residence in order to prevent new curb cuts, excessive paving, and elimination of street trees, unless separate driveway access will result in fewer environmental impacts such as paving, grading or tree removal. iv. If covered parking for a unit is provided in any district, the maximum size of the covered parking area for the accessory dwelling unit is 220 square feet. This space shall count towards the total floor area for the site but does not contribute to the maximum size of the unit unless attached to the unit.
(l) Miscellaneous requirements
i. Street addresses shall be assigned to all units prior to building permit final to assist
in emergency response.
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ii. The unit shall not be sold separately from the primary residence.
iii. Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
iv. The installation of fire sprinklers shall not be required in an accessory dwelling unit
if sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
18.09.050 Additional Requirements for JADUs
/* This section restates and clarifies the provisions of current 18.42.040(b).
*/
(a) A junior accessory dwelling unit shall be created within the walls of an existing or proposed
primary dwelling.
(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following
components: A cooking facility with appliances, and; food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner installed
range, an oven or convection microwave, a 10 cubic foot refrigerator and freezer
combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in relation
to a JADU if they provide counter space equal to a minimum 24-inch depth and 36-
inch length.
(c) For the purposes of any fire or life protection ordinance or regulation or for the purposes of
providing service for water, sewer, or power, a junior accessory dwelling unit shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary
residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is
not required if the owner is a governmental agency, land trust, or housing organization.
(e) Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall
record a deed restriction in a form approved by the city that includes a prohibition on the sale
of the junior accessory dwelling unit separate from the sale of the single-family residence,
requires owner-occupancy consistent with subsection (m)(iv) above, does not permit short-
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term rentals, and restricts the size and attributes of the junior dwelling unit to those that
conform with this section.
SECTION 4. Subsection (g) of Section 16.58.030 of Chapter 16.58 (Development Impact Fees) of Title 16
(Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
(g) Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be
charged for an accessory dwelling unit of 750 square feet or more shall be proportional to the
square footage of the primary dwelling unit established by the conversion of an existing garage
or carport, provided that the existing garage or carport was legally constructed, or received
building permits, as of January 1, 2017, and is converted to an ADU with no expansion of the
existing building envelope;
SECTION 5. Subsections (a)(4) and (a)(75) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
[. . .]
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-
family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
In some instances this Code uses the term second dwelling unit interchangeably with accessory
dwelling unit. For the purposes of this definition, in order to provide “complete independent living
facilities,” a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel
door or other similar feature/appurtenance).
[. . .]
(75) “Kitchen” means a room designed, intended or used for cooking and the preparation of food
and dishwashing. Kitchen facilities include the presence of major appliances, utility connections,
sink, counter, for storing, preparing, cooking, and cleaning.
(A) For ADUs, major appliances shall mean a minimum two burner installed range, and
an oven or convection microwave, as well as a minimum 16 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
[. . .]
SECTION 6. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
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SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Council finds that the adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor
adjustments to the City’s zoning ordinance to implement State law requirements related to accessory
dwelling units as established in Government Code Section 65852.2, and these changes are also likely to
result in few additional dwelling units dispersed throughout the City. As such, it can be seen with
certainty that the proposed action will not have the potential for causing a significant effect on the
environment.
SECTION 9. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Development
Services
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Subject: Please DocuSign: PDS At Places Memo Council Oct 5 Agenda Item No 8
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Jonathan Lait
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Interim Director Planning and Community
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City of Palo Alto
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Ed Shikada, City Manager
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