HomeMy WebLinkAbout2018-12-17 Ordinance 54562018121801 SL
Ordinance No. 5456
Ordinance of the Council of the City of Palo Alto Amending Chapters 16.58
(Development Impact Fees), 16.59 (Citywide Transportation Impact Fee) and
16.60 (CharlestonArastradero Corridor Pedestrian and Bicyclist Safety Impact
Fee) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to
Exempt from Development Impact Fees Junior Accessory Dwelling Units and
Certain Accessory Dwelling Units Established Through Garage or Carport
Conversion
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. In 2017, the City Council adopted Ordinance No. 5412 establishing comprehensive
regulations related to accessory dwelling units and junior accessory dwelling units in
order to comply with State law and to reduce regulatory constraints affecting the
production of such units.
B. The City Council reaffirms the findings and declarations adopted by Ordinance No. 5412.
C. This Ordinance is adopted to further reduce barriers to production of these units by
exempting junior accessory dwelling units and certain accessory dwelling units from
payment of t
SECTION 2. Section 16.58.030 (Exemptions) of Chapter 16.58 (Development Impact Fees) of
follows:
16.58.030 Exemptions
The provisions of this chapter shall not apply to the following:
(a) City buildings or structures;
(b) Public school buildings or structures;
(c) Residential housing, either for sale or rental, which, by recordable means, is
permanently obligated to be 100% affordable;
(d) Retail service, eating and drinking service, personal service, or automotive service when
the total additional square footage is 1,500 square feet or less. This exemption shall
apply only when the additional square footage of new development does not exceed
1,500 square feet. New development that is larger than 1,500 square feet shall pay a fee
for all square footage, including the first 1,500 square feet;
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(e) Day care centers used for child care, nursery school or preschool education;
(f) Below market rate housing units above and beyond the minimum number required for
projects subject to the City's Below Market Rate (BMR) Housing program. The additional
units must be offered and constructed in a manner consistent with all requirements of
the BMR program;
(g) Accessory dwelling units (ADU) 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;
(h) Junior accessory dwelling units (JADU);
(gi) Any residential subdivision for which land dedication or fees in lieu thereof are required
pursuant to Chapter 21.50 of the Palo Alto Municipal Code. This exemption shall only
apply to the park development fee described in Section 16.58.020(a).
SECTION 3. Section 16.59.040 (Exemptions) of Chapter 16.59 (Citywide Transportation Impact
Fee) of Title 16 (Building Regulations) of the PAMC is amended to read as follows:
16.59.040 Exemptions
The provisions of this chapter shall not apply to:
(a) City buildings or structures.
(b) Public school buildings or structures.
(c) Affordable housing, either for sale or rental, which, by recordable means, is permanently
obligated to be 100% affordable.
(d) Retail service, eating and drinking service, personal service, or automotive service when
the total square footage (including new development) is 1,500 square feet or less.
(e) Day care centers used for child care, nursery school or preschool education.
(f) Below market rate housing units above and beyond the minimum number required for
projects subject to the City's Below Market Rate (BMR) Housing program. The additional
units must be offered and constructed in a manner consistent with all requirements of
the BMR program.
(g) Accessory dwelling units (ADU) 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.
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(h) Junior accessory dwelling units (JADU).
(gi) A change in tenancy that does not result in a change in use and which does not involve
either (i) a demolition of an existing structure or (ii) an expansion of square footage of
useful area.
(hj) New development which is exempt from the fee by virtue of the Constitutions of the
United States and California or by virtue of other applicable state or federal law.
SECTION 4. Section 16.60.040 (Exemptions) of Chapter 16.60 (CharlestonArastradero Corridor
Pedestrian and Bicyclist Safety Impact Fee) of Title 16 (Building Regulations) of the PAMC is
amended to read as follows:
16.60.040 Exemptions
The provisions of this chapter shall not apply to:
(a) City buildings or structures.
(b) Public school buildings or structures.
(c) Affordable housing, either for sale or rental, which, by recordable means, is permanently
obligated to be 100% affordable.
(d) Retail service, eating and drinking service, personal service, or automotive service when
the total square footage (including new development) is 1,500 square feet or less.
(e) Day care centers used for child care, nursery school or preschool education.
(f) Below market rate housing units above and beyond the minimum number required for
projects subject to the City's Below Market Rate (BMR) Housing program. The additional
units must be offered and constructed in a manner consistent with all requirements of
the BMR program.
(g) Accessory dwelling units (ADU) 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.
(h) Junior accessory dwelling units (JADU).
(gj) New development which is exempt from the fee by virtue of the Constitutions of the
United States and California or by virtue of other applicable state or federal law.
SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
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the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment.
SECTION 7. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: December 3, 2018
PASSED: December 17, 2018
AYES: DUBOIS, FILSETH, FINE, KNISS, SCHARFF, WOLBACH
NOES: HOLMAN, KOU, TANAKA
ABSENT:
ABSTENTIONS:
ATTEST:
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City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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City Manager
CDocuSlgned by:
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Director of Planning and Community
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Director of Administrative Services
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