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Home My WebLink About2018-02-26 Ordinance 5430DocuSign Envelope ID: 31C2AFDE-C7E3-42C0-9E84-61315B3A7589 Ordinance No. 5430 Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Implement New State Law Requirements Related to Accessory Dwelling Units and Update the City's Regulations The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the PAMC is amended as follows: 18.42.040 Accessory and Junior Accessory Dwelling Units The following regulations apply to zoning districts where accessory dwelling units and junior accessory dwelling units are permitted. (a) Accessory Dwelling Units (1) Purpose The intent of this section is to provide regulations to accommodate accessory dwelling units, in order to provide for variety to the city's housing stock and additional affordable housing opportunities. Accessory Dwelling 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 accessory dwelling 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 on the site and with other structures in the area. (2) Minimum Lot Sizes A. In the R-1 district and all R-1 subdistricts, RE district, R-2 district, and RMD district, and properties zoned Planned Community (PC) where single-family residential is an allowed use, the minimum lot size for the development of an accessory dwelling unit is 5,000 square feet. B. In the OS District, the minimum lot size for the development of an accessory dwelling unit is 10 acres. (3) Setbacks and Daylight Plane A. Except as otherwise provided in this section, accessory dwelling units shall comply with the underlying zoning district's setbacks, including daylight plane requirements. 180108 jb SL/PLANNING ADU UPDATE 1-8-18 DocuSign Envelope ID: 31C2AFDE-C7E3-42C0-9E84-61315B3A7589 B. Notwithstanding section A. above, no setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as provided in subsection (a)(5) below. C. In districts permitting second story accessory dwelling units, a setback of -A& mere tl=iaA five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above a garage. (5) Conversion of Space in Existing Single Family Residence or Existing Accessory Structure Notwithstanding the provisions of subsections (a)(2), (a)(3), (a)(4), (a)(7) and (a)(8), in the R-1 district and all R-1 subdistrictsL aREl-the RE elistriet eAly, R2, RMD and OS districts, and properties zoned RM or Planned Community (PC) where single-family residential is an allowed use, an Accessory Dwelling Unit shall be permitted if the unit is contained within the existing space of a single-family residence or an existing accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety, and if the accessory dwelling unit conforms with the following: (7) Additional Development Standards for Attached Accessory Dwelling Units A. Attached accessory dwelling units are those attached to the main dwelling. All attached accessory dwelling units shall be subject to the additional development requirements specified below. B. Attached unit size counts toward the calculation of maximum house size. C. Unit Size: The maximum size of an attached accessory dwelling unit living area shall not exceed 600 square feet and shall not exceed 50% of the proposed or existing living area of the primary dwelling unit. The accessory dwelling unit and any covered parking provided for the accessory dwelling unit shall be included in the total floor area for the site, but the covered parking area is not included in the maximum 600 square feet for attached unit. Any basement space used as an accessory dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the accessory unit. SECTION 2. Section 18.13.030 (Land Uses) Table 1 of Chapter 18.13 (Multiple Family Residential) of Title 18 (Zoning) of the PAMC is amended as follows: 18.13.030 Land Uses Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family residence districts. 180108 jb SL/PLANNING ADU UPDATE 1-8-18 DocuSign Envelope ID: 31C2AFDE-C7E3-42C0-9E84-61315B3A7589 Table 1 Multiple Family Residential Uses [P = Permitted Use • CUP = Conditional Use Permit Required] RM-15 RM-30 RM-40 Subject to Regulations in: !ACCESSORY AND SUPPORT USES !Accessory Facilities and uses customarily p p p Chapter 18.40 incidental to permitted uses ~ccessorv Dwelline: Unit when accessorv to oermitted p (1) & (4' P(1)&(4' p (2) & (4) 18.42.040 sine:le-familv residence Home Occupations, when accessory to p p p Chapter 18.42 permitted residential uses Horticulture, Gardening, and Growing of p p p ood products for consumption by occupants of a site Surface Parking Facilities located on CUP CUP abandoned railroad rights-of-way EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Churches and Religious Institutions CUP CUP CUP Private Clubs, Lodges, or Fraternal Organizations, excluding any such facility operated as a business for CUP profit Private Educational Facilities CUP CUP CUP PUBLIC/QUASI-PUBLIC USES Community Centers CUP CUP CUP Utility Facilities essential to provision of utility services but excluding construction or storage yards, CUP CUP CUP maintenance facilities, or corporation yards. RECREATION USES Neighborhood Recreational Centers CUP CUP CUP RESIDENTIAL USES Single-Family p (1) p (1) p (2) rTwo-Family p (1) p (1) p (1) Multiple-Family p p p ~illage Residential p (3) (3) 18.13.050 Mobile Homes p p p Residential Care Homes p p p SERVICE AND RETAIL USES Convalescent Facilities CUP Day Care Centers tUP CUP p 18.40.160 $mall Family Day Care Homes p p p Large Family Day Care Homes p p p $mall Adult Day Care Homes < p p p Large Adult Day Care Homes tUP :up CUP Eating and Drinking Services, except drive-in and CUP CUP 18.13.040(f), 180108 jb SL/PLANNING ADU UPDATE 1-8-18 DocuSign Envelope ID: 31C2AFDE-C7E3-42C0-9E84-61315B3A7589 ~ake-out services 18.40.160 Personal Services and Retail Services of a CUP CUP 18.13.040(f), neighborhood-serving nature 18.40.160 rTEMPORARY USES rTemporary Uses, subject to regulations in Chapter CUP CUP CUP 18.42.050 18.42 P =Permitted Use CUP= Conditional Use Permit Required (1) Permitted use only on lots less than 8,500 square feet in size. (2) Permitted use only on lots less than 6,000 square feet in size. (3) Permitted use only if lot is substandard in size, e.g., less than 8,500 square feet or less than 70 feet in width, or at the perimeter of a site in excess of one acre where used as a transition to low-density residential area. (4) An Accessorv Dwelling Unit associated with a single-family residence on a lot is permitted if it is contained within the existing space of a single-family residence or an existing accessory structure in accordance with and pursuant to Section 18.42.040(a)(5). subject to the provisions of Section 18.42.040 and such that no more than two total units result on the lot. SECTION 3. 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. SECTION 4. 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 5. 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), 15301, 15302 and 15305 because constitute minor adjustments to the City's zoning ordinance to implement new 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 6. This Ordinance shall not apply to any planning or land use applications deemed complete as ofthe effective date of this Ordinance. 180108 jb SL/PLANNING ADU UPDATE 1-8-18