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Home My WebLink About2018-05-27 Ordinance 5438DocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-B252-3300CDBD2BE3 Ordinance No. 5438 Ordinance of the Council of the City of Palo Alto Amending Chapter 18.30 of Title 18 (Zoning) of the Palo Alto Municipal Code to Add a New Chapter 18.30(J), Affordable Housing (AH) Combining District Regulations The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. A. Housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability. B. Despite a high median income in Palo Alto, nearly 30 percent of all households overpaid for their housing (more than 30 percent of their income) in 2010. C. The lack of an adequate supply of housing at all levels of affordability drives up the rents and costs of ownership of housing, which has a detrimental effect upon residents who may be displaced from their community and local employees who must endure longer commutes for lack of housing opportunities near work. D. It is in the public interest that a continuum of housing be provided for a broad spectrum of persons, including those earning moderate, low, and very low incomes. E. The high cost of land acquisition and development, construction, and operation of housing projects have discouraged the production of affordable housing projects. Allowing higher density housing, reduced parking requirements, and an increase in the allowable gross floor area in appropriate locations improves the feasibility of affordable housing projects. F. Encouraging the development of transit-oriented multi-family housing affordable to moderate, low, and very low-income residents supports City and State goals to reduce vehicle miles traveled and associated greenhouse gas and other air emissions. SECTION 2. Chapter 18.30 (Combining Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to add Section 18.30(J) as follows: Chapter 18.30(J) AFFORDABLE HOUSING (AH) COMBINING DISTRICT REGULATIONS Sections: 18.30(J).010 Specific Purpose 18.30(J).020 Applicability of Regulations 18.30U>.030 Definitions 180206 SL/PCE Planning/AH Combining District Page 1of6 OocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-8252-3300CDBD2BE3 18.30(J).040 Zoning Map Designation 18.30(J).050 Site Development Review Process 18.30(J).060 Conformance to Other Combining Districts and Retail Preservation 18.30(J).070 Permitted Uses 18.30(J).080 Conditional Uses 18.30(J).090 Development Standards 18.30(J}.010 Specific Purpose The affordable housing combining district is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one-quarter mile of a high- quality transit corridor, as defined in subdivision {b) of Section 21155 of the Public Resources Code, by providing flexible development standards and modifying the uses allowed in the commercial districts and subdistricts. 18.30(J}.020 Applicability of Regulations (a) The affordable housing combining district may be combined with the CD, CN, CS, and CC districts set forth in Chapters 18.16 and 18.18 of this Title, in accord with the Chapter 18.08 and Chapter 18.80. Where so combined, the regulations established by this Chapter shall apply for 100% affordable housing projects in lieu of the uses allowed and development standards and procedures applied in the underlying district. A property owner may elect to use the site consistent with the underlying district, in which case the applicable regulations in Chapter 18.16 and 18.18 for the commercial districts shall apply. The Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center shall not be considered eligible for the application of the affordable housing combining district. (b) The affordable housing combining district provides flexibility in development standards that allow for a density increase that would in most cases exceed density bonuses under state law, Government Code Section 65915. Therefore, a project applicant may utilize the affordable housing combining district and the provisions of this Chapter as an alternative to use of the state density bonus law implemented through Chapter 18.15 (Density Bonus) of this Title, but may not utilize both the affordable housing combining district and density bonuses. If an applicant utilizes state density bonus law, the regulations in Chapter 18.16 or 18.18 for the applicable underlying commercial district shall apply. 18.30(J}.030 Definitions For purposes of this Chapter, the following definitions shall apply. (a) "100% affordable housing project" means a multiple-family housing project consisting entirely of for-rent Affordable Units, as defined in Section 16.65.020 of this code, and available only to households with income levels at or below 120 percent of the area median income for Santa Clara County, as defined in Chapter 16.65. 18.30(J}.040 Zoning Map Designation The affordable housing combining district shall apply to properties designated on the zoning map by the symbol "AH" within parentheses, following the commercial designation with which it is combined. 18.30(J}.OSO Site Development Review Process 180206 SL/PCE Planning/ AH Combining District Page 2 of 6 DocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-8252-3300CD8D2BE3 All projects shall be subject to architectural review as provided in Section 18.76.020 and shall not be subject to the requirements of site and design review in Chapter 18.30{G). 18.30{J}.060 Conformance to Other Combining Districts and Retail Preservation The following requirements shall apply to projects in the AH affordable housing combining district: (a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply. (b) Where applicable, the retail preservation requirements of Section 18.40.180 shall apply except as provided below. i. Waivers and Adjustments A. Except in the R or GF combining districts, the City Council shall have the authority to reduce or waive the amount of retail or retail like gross floor area required in Section 18.40.180 for any 100% affordable housing project if the City Council determines that it would be in the public interest. Any such reduction or waiver shall not be subject to the waiver and adjustments requirements in Section 18.40.180(c). In the Rand GF combining districts, any reduction or waiver in retail or retail like gross floor area shall remain subject to the requirements of Section 18.40.180(c) or the combining district as applicable. B. The City Council shall have the authority to modify retail parking requirements associated with a 100% affordable housing project that also requires ground floor retail. 18.30{J}.070 Permitted Uses The following uses shall be permitted in the AH affordable housing combining district: (a) 100% affordable housing projects; (b) In conjunction with a 100% affordable housing project, any uses permitted in the underlying district, provided the uses are limited to the ground floor. 18.30{J}.080 Conditional Uses The following uses may be permitted in the AH affordable housing combining district in conjunction with an 100% affordable housing project, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals), provided that the uses are limited to the ground floor: (a) Business or trade school. (b) Adult day care home. (c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit organization. (d) All other uses conditionally permitted in the applicable underlying zoning district. 18.30{J}.090 Development Standards 180206 SL/PCE Planning/AH Combining District Page 3 of 6 DocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-B252-3300CDBD2BE3 The following development standards shall apply to projects subject to the AH affordable housing combining district in lieu of the development standards for the underlying zoning district, except where noted below: Table 1 Development Standards AH Combining District(ll Minimum Site Specifications Subject to regulations in: Site Area (ft 2 ) Site Width (ft) None required Site Depth (ft) ~etback lines imposed by a Minimum Setbacks ~pecial setback map pursuant to Chapter 20.08 of this code may apply Front Yard (ft) Same as underlying district Rear Yard (ft) Same as underlying district Rear Yard abutting residential Same as underlying district zoning district (ft) Interior Side Yard if abutting Same as underlying district residential zoning district (ft) Street Side Yard (ft) Same as underlying district Build-to-Lines Same as underlying district Permitted Setback Same as underlying district Encroachments Maximum Site Coverage None Required Landscape/Open Space 20%(21 Coverage Usable Open Space 2S sq ft per unit for Sor fewer units (21, SO sq ft per unit for 6 units or more (21 Maximum Height (ft) SO' Within SO ft of a Rl, R-2, RMD, RM-lS, or RM-30 zoned 3S'(3I property Daylight Plane for lot lines Daylight plane height and slope shall be abutting one or more identical to those of the most restrictive residential zoning districts residential zoning district abutting the lot line Maximum Residential Density None Required (net) Maximum Residential Floor 2.0:1 Area Ratio (FAR) -Residential Portion of a Project Maximum Non-Residential 0.4:1 FAR 180206 SL/PCE Planning/AH Combining District Page 4 of 6 DocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-B252-3300CDBD2BE3 Notes: 0.75 per unit. The Director may modify this standard based on findings from a parking study that show fewer spaces are needed for the project. The required parking ratio for special needs housing units, as defined in Section 51312 of the Health and Safety Code shall not exceed Vehicle Parking 0.3 spaces per unit. TOM Plan For Commercial Uses, See Chapters 18.52 and 18.54 (Parking). A transportation demand management (TOM) plan shall be required pursuant to Section 18.52.050(d) and associated administrative guidelines Adjustments to the required ratios shall be considered per Chapter 18.52 (Parking). 18.52.050(d) (1) These developments shall be designed and constructed in compliance with the performance criteria outlined in Chapter 18.23, as well as the context-based design criteria outlined in Section 18.13.060 for residential-only projects, Section 18.16.090 for mixed use projects in the CN, CC, and CS districts, and Section 18.18.110 for mixed use projects in the CD district, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020. (2) Landscape coverage is the total area of the site covered with landscaping as defined in Chapter 18.04. For the purposes of this Chapter 18.30(J), areas provided for usable open space may be counted towards the landscape site coverage requirement. Landscape and open space areas may be located on or above the ground level, and may include balconies, terraces, and rooftop gardens. (3) The Planning Director may recommend a waiver from the transitional height standard. SECTION 2. 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 3. 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 4. The City Council finds that the environmental impacts of this Ordinance were disclosed, analyzed and evaluated as part of that certain Final Environmental Impact Report for 180206 SL/PCE Planning/ AH Combining District Page 5 of 6 OocuSign Envelope ID: 3CDB34EF-C3AE-4E5F-8252-3300CD802BE3 the Comprehensive Plan Update considered and certified by the City Council on November 13, 2017, by Resolution Nos. 9720 and 9721 ("EIR"). The City Council considered the EIR prior to taking action on this Ordinance, in conformance with the California Environmental Quality Act ("CEQA"), together with state and local regulations implementing CEQA. SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: April 9, 2018 PASSED: May 7, 2018 AYES: DUBOIS, FILSETH, FINE, KNISS, TANAKA, WOLBACH NOES: HOLMAN, KOU ABSENT: SCHARFF ABSTENTIONS: ATIEST: ~~- APPROVED AS TO FORM: r DocuSigned by: UU,uf q~ 1586S45i!i!B16488 ... Deputy City Attorney 180206 SL/PCE Planning/ AH Combining District APPROVED: GDocuSlgned by: £.I ,Se.,'):,.,,t., ~~ ~:11;11;:• 1occcii;iffo City Manager Director of Planning and Community Environment Page 6 of 6 Certificate Of Completion Envelope Id: 3CDB34EFC3AE4E5F82523300CD8D2BE3 Subject: Please DocuSign: ORD 5438 New Muni Code Addition for Affordable Housing.docx Source Envelope: Document Pages: 6 Certificate Pages: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Signatures: 3 Initials: O Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 9/19/2018 2:07:34 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Albert Yang Albert.Yang@CityofPaloAlto.org Senior Deputy City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lail Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada for James Keene ed.shikada@cityofpaloalto.org Assistant City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Pool: City of Palo Alto Pool: City of Palo Alto Signature 1nr;~;r4~ L15BSC.522013'0C Signature Adoption: Pre-selected Style Using IP Address: 174.21.77.96 C DocuSlgned by: ~ ... Signature Adoption: Uploaded Signature Image Using IP Address: 12.220.157.20 GDocuSIQned by: E .I _s,,,'J..I. ,ro. q;;_,, ; .. ,,.., F2DCA19CCC804Fg Signature Adoption: Pre-selected Style Using IP Address: 12.4.219.140 Signed using mobile Signature Status Status Status Status Docu~ .... •SICUllD Status: Completed Envelope Originator: Kim Lunt 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 12.220.157.20 Location: DocuSign Location: DocuSign Tlmestamp Sent: 9/19/2018 2:10:01 PM Viewed: 9/19/2018 2:28:50 PM Signed: 9/19/2018 2:30:55 PM Sent: 9/19/2018 2:30:57 PM Resent: 9/24/2018 11 :06:42 AM Viewed: 9/24/2018 11 :56:40 AM Signed: 9/24/2018 11 :58:06 AM Sent: 9/24/2018 11 :58:07 AM Viewed: 9/25/2018 7:51:59 AM Signed: 9/25/2018 7:52:25 AM Tlmestamp Tlmestamp Tlmestamp Tlmestamp Timestamp Carbon Copy Events Status Timestamp Notary Events Signature Tlmestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/24/2018 11 :58:07 AM Certified Delivered Security Checked 9/25/2018 7:51 :59 AM Signing Complete Security Checked 9/25/2018 7:52:25 AM Completed Security Checked 9/25/2018 7:52:25 AM Payment Events Status Timestamps