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HomeMy WebLinkAbout2017-05-08 Ordinance 54122017­04­19_Palo Alto ADU FINAL 1 Ordinance No. 5412 Ordinance of the Council of the City of Palo Alto Amending Chapter 18 (Zoning) of the Palo Alto Municipal Code to Implement New State Law Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and to Reorganize and Update City Existing Regulations 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 becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and the 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. It is estimated that 63 percent of extremely low income renter households and 75 percent of extremely low income owner households overpaid for housing in 2010. Of the estimated 1,520 low income households, 75 percent of renter households and 44 percent of homeowner households paid more than 30 percent of their income for housing. D. The Palo Alto City Council, recognizing the severity of the regional housing crisis, requested that the Planning and Transportation Commission review constraints affecting the production of second (accessory) dwelling units and recommend modifications to the City development standards. E. While existing law enables accessory dwellings as a source of housing, recent studies show that local standards like P unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set­backs, off­street parking, or costly construction requirements. F. In September 2016, Governor Brown signed into law Senate Bill 1069, Assembly Bill 2299 and Assembly Bill 2406 relating to the creation of accessory dwelling units (ADUs) and junior accessory dwelling units. G. These new bills were intended to address the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards. H. This ordinance is adopted to comply with these new State mandates regarding ADUs and junior accessory dwelling units, and to reduce regulatory constraints affecting their production. SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) is amended to read as follows: (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 2 18.04.030  Definitions . . . (4) Accessory dwelling 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 single­family 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. (46.5) Dwelling unit, se means a separate and complete dwelling unit, other than and subordinate to the main dwelling unit, whether a part of the same structure or detached, on the same residential lot. (74.5) Junior accessory dw means a unit that is no more than 500 square feet in size and contained entirely within an existing single­family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (132) Single­family use means the use of a site for only one dwelling unit and, where permitted, an accessory second dwelling unit or a junior accessory dwelling unit. . . . SECTION 3. In Section 18.10.010 (a) substitute the ter essory dwelling unit( for second dwelling unit(s). SECTION 4. Section 18.10.030 Table 1 and Footnote (2) are amended as follows: TABLE 1  PERMITTED AND CONDITIONALLY PERMITTED LOW­DENSITY RESIDENTIAL USES [P = Permitted Use ­­ CUP = Conditional Use Permit Required] R­E R­2 RMD Subject to Regulations in: ACCESSORY AND SUPPORT USES Accessory facilities and uses customarily incidental to permitted uses (no limit on number of plumbing fixtures) P P P 18.10.080 Home Occupations, when accessory to permitted residential uses. P P P 18.42.060 Horticulture, gardening, and growing of food products for consumption by occupants of the site. P P P Sale of agricultural products produced on the premises (1) P 18.10.110 Second Accessory Dwelling Units P P(2) P(2) 18.4210.0470 (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 3 Junior Accessory Dwelling Units P P(2) P(2) 18.42.040 AGRICULTURE AND OPEN SPACE USES Agriculture P 18.10.110 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Private Educational Facilities CUP CUP CUP Religious Congregations and Institutions CUP CUP CUP PUBLIC/QUASI­PUBLIC USES Community Centers CUP CUP CUP Utility Facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards. CUP CUP CUP RECREATION USES Neighborhood Recreational Centers CUP Outdoor Recreation Services CUP CUP RESIDENTIAL USES Single­Family P P P Two­Family use, under one ownership P P Mobile Homes P P P 18.42.100 Residential Care Homes P P P RETAIL USES Cemeteries CUP Commercial Plant Nurseries CUP SERVICE USES Convalescent Facilities CUP Day Care Centers CUP CUP CUP Small Adult Day Care Homes P P P Large Adult Day Care Homes CUP CUP CUP Small Family Day Care Homes P P P Large Family Day Care Homes P P P Bed & Breakfast Inns P(3) P = Permitted Use CUP = Conditional Use Permit Required (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 4 . . . (2) Second Accessory Dwelling Units in R­2 and RMD Zones: An accessory second dwelling unit or a Junior Accessory Dwelling Unit associated with a single­family residence on a lot in the R­ 2 or RMD zones is permitted, subject to the provisions of Section 18.10.07018.42.040, and such that no more than two units result on the lot. . . . SECTION 5. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows: 18.10.040  Development Standards (a) Site Specifications, Building Size, Height and Bulk, and Residential Density . . . 18.10.040(a) Table 2, Footnote . . . (5) Maximum House Size: The gross floor area of attached garages and attached second accessory dwelling units and junior accessory dwelling units are included in the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one detached covered parking space shall be included in the calculation. This provision applies only to single­family residences, not to duplexes allowed in the R­2 and RMD districts. . . . (i) Individual Review The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied to any single­family or two­family residence in the R­2 or RMD districts to those sides of a site that share an interior side lot line with the interior side or rear lot line of a property zoned for or used for single­ family or two­family dwellings. , except where architectural review board review is required for an accessory second dwelling on an RMD­zoned site. The individual review criteria shall be applied only to the project's effects on adjacent single­family and two­family uses. SECTION 6. Section 18.10.060 Table 3 is amended as follows: (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 5 TABLE 3 PARKING REQUIREMENTS FOR R­E, R­2 AND RMD USES Use Minimum Off­Street Parking  Requirement Single­family residential use (excluding second accessory dwelling units) 2 spaces per unit, of which one must be covered Two family (R2 & RMD districts) 3 spaces total, of which at least two must be covered Second Accessory dwelling unit, attached or detached: >450 sf in size 50 sf in size 2 spaces per unit, of which one must be covered 1 space per unit, which may be covered or uncovered No parking required Junior accessory dwelling unit No parking required Other Uses See Chapter 18.40 . . . SECTION 7. Section 18.10.070 (Second Dwelling Units) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is repealed in its entirety and a new 18.10.070 is added to read as follows: 18.10.070  Accessory and Junior Accessory Dwelling Units Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Section 18.42.040. SECTION 8. Section 18.10.120 (Architectural Review) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows: 18.10.120  Architectural Review Architectural review, as required in Section 18.76.020, is required in the R­E, R­2, and RMD districts whenever three or more adjacent residential units are intended to be developed concurrently, whether through subdivision or individual applications. Architectural review is also required for second dwelling units of more than 900 square feet, when located in the Neighborhood Preservation Combining District (NP). SECTION 9. Section 18.10.140 (Neighborhood Preservation Combining District (NP) Standards) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 6 is amended to read as follows: 18.10.140  Neighborhood Preservation Combining District (NP) Standards . . . (b)(2) Design Review Required For properties on which two or more residential units are developed or modified, design review and approval shall be required by the architectural review board in compliance with procedures established in Section 18.76.020 for any new development or modification to any structure on the property and for site amenities. No design review is required for construction of or modifications to single­family structures that constitute the only principal structure on a parcel of land or for accessory dwelling units or junior accessory units. No design review is required for construction of second dwelling units on a parcel except when the second unit exceeds 900 square feet in size. . . . SECTION 10. Section 18.10.150(e) (Existing Second Dwelling Units on Substandard Size Lots) is deleted in its entirety and reserved for future use. . . . SECTION 11. Section 18.12.010(a) is amended as follows: (a) Single Family Residential District [R­1] The R­1 single family residential district is intended to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children's play. Minimum site area requirements are established to create and preserve variety among neighborhoods, to provide adequate open area, and to encourage quality design. Second Accessory dwelling units, junior accessory dwelling units and accessory structures or buildings are appropriate. where consistent with the site and neighborhood character. Community uses and facilities, such as churches and schools, should be limited unless no net loss of housing would result. . . . SECTION 12. Section 18.12.030 Table 1, is amended as follows: (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 7 Table 1  PERMITTED AND CONDITIONAL R­1 RESIDENTIAL USES  R­1and all R­1  Subdistricts Subject to  Regulations for: ACCESSORY AND SUPPORT USES Accessory facilities and uses customarily incidental to permitted uses with no more than two plumbing fixtures and no kitchen facility, or of a size less than or equal to 200 square feet P 18.04.030(a)(3) 18.12.080 Accessory facilities and uses customarily incidental to permitted uses with more than two plumbing fixtures (but with no kitchen), and in excess of 200 square feet in size, but excluding second accessory dwelling units CUP 18.12.080 Home occupations, when accessory to permitted residential P 18.42.060 Horticulture, gardening, and growing of food products for consumption by occupants of the site P Second Accessory Dwelling Units P(1)18.42.04012.070 Junior Accessory Dwelling Unit P(1)18.42.040 EDUCATIONAL, RELIGIOUSAND ASSEMBLY USES Private Educational Facilities CUP Churches and Religious Institutions CUP PUBLIC/QUASI PUBLIC USES Community Centers CUP Utility Facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards CUP RECREATION USES Outdoor Recreation Services CUP RESIDENTIAL USES Single­Family P Mobile Homes P 18.42.100 Residential Care Homes P SERVICE USES Day Care Centers CUP Small Adult Day Care Homes P (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 8 Large Adult Day Care Homes CUP Small Family Day Care Homes P Large Family Day Care Homes P P=Permitted Use CUP = ConditionalUsePermitRequired (1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single­ family residence on a lot is permitted, subject to the provisions of Section 18.42.040, and such that no more than two total units result on the lot. SECTION 13. Section 18.12.040 Table 2, footnote (8) is amended as follows: (8) Maximum House Size: The gross floor area of attached garages and attached accessory second dwelling units and junior accessory dwelling units are included in the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one detached covered parking space shall be included in the calculation. SECTION 14. Section 18.12.060 Table 4 is amended as follows: Table 4 shows the minimum off­street automobile parking requirements for specific uses in the R­1 district. Table 4 Parking Requirements for Specific R­1 Uses Use Minimum Off­Street Parking Requirement Single­family residential use (excluding second accessory dwelling units) 2 spaces per unit, of which one must be covered. Second Accessory dwelling unit , attached or detached 2 spaces per unit, of which one must be covered No parking required Junior Accessory Dwelling Unit No parking required Other Uses See Chs. 18.52 and 18.54 . . .  (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 9 SECTION 15.      Section 18.12.070 (Second Dwelling Units) of Chapter 18.12 (R­1 Single­ Family Residential District) of Title 18 (Zoning) is repealed in its entirety and a new 18.12.070 is added to read as follows: 18.12.070  Accessory and Junior Accessory Dwelling Units Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Section 18.42.040. SECTION 16. Section 18.12.090(b)(2) is amended to read as follows: . . . (2) basement area is deemed to be habitable space but the finished level of the first floor is no more than three feet above the grade around the perimeter of the building foundation. Basement space used as a second dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the unit (but may be excluded from calculations of floor area for the total site). This provision is intended to assure that second units are subordinate in size to the main dwelling and to preclude the development of duplex zoning on the site. . . . SECTION 17. Section 18.12.150(d) (Existing Second Dwelling Units on Substandard Size Lots) is deleted in its entirety and reserved for future use. . . .   SECTION 18. Section 18.28.040, Table 1, is amended as follows: Table 1  Land Uses  Subject to  in  Chapter: ACCESSORYAND SUPPORTUSES facilities accessory uses Chs. 18.40 and 18.42 and drinking services in conjunction with a use (1) CUP services as accessory to the administrative offices of a organization, that such services do not exceed 25% of the gross floor area of the combined services and retail uses (1) CUP services in with a permitted use (1) CUP (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 10 of on the premises; provided, that no commercial for the sale or of agricultural shall be permitted. Second Accessory dwelling units, to regulations in Section 18.28.07042.040 18.28.070 18.42.040 Junior Accessory Dwelling Unit 18.42.040 AGRICULTURALANDOPEN SPACEUSES Uses, including husbandry, crops, dairying, horticulture, livestock farming, tree farming, viticulture, and similar uses not inconsistent with the intent and of this chapter conservatories, nature laboratories, facilities sanctuaries Park uses and uses to park operation EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES schools (1) CUP Churches and institutions (1) CUP research, and philanthropic institutions CUP facilities (1) CUP Public or colleges and and facilities thereto CUP classes (1) CUP OFFICEUSES services for non­profit organizations (1) CUP OTHER USES Other uses which, in the opinion of the director, are similar to as or conditionally uses CUP (1) FACILITY USES All facilities or leased, and or used, by the City of Alto, the of Santa Clara, the State of California, the of the United States, the Palo Alto District, or any other agency Facilities CUP Centers CUP (1) Utility Facilities CUP CUP CUP RECREATIONALUSES centers CUP (1) (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 11 services CUP (1)CUP uses including riding clubs, stables, clubs, and golf courses CUP Youth clubs CUP (1) RESIDENTIALUSES dwellings (including mobile homes on foundations) 18.40. Guest ranches CUP care when existing on the site CUP (1) Homes use, and accessory and uses to dwellings; provided, that such dwellings shall be the of the owner or owners, or or lessor of land upon which the is conducted, the of other of the same family and bona fide employees of the aforementioned SERVICEUSES care, including boarding and kennels CUP CUP Cemeteries CUP Cemeteries, not including mausolea, crematoria, or columbaria CUP day care homes day care homes CUP Day care centers CUP (1) Art, dance,gymnastic,exerciseor music studiosor CUP (1) Medical Services: Hospitals Outpatient medical facilitieswith associated medical research TEMPORARY USES Temporary parking facilities,provided that such facilities CUP (1) TRANSPORTATION USES Airports and airport­relateduses CUP (1) . . .  (2) An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single­ family residence on a lot in the OS District is permitted, subject to the provisions of Section 18.42.040, and such that no more than two total units result on the lot. SECTION 19. Section 18.28.070(a) (Second Dwelling Units) is amended as follows: 18.28.070  Additional OS District Regulations The following additional regulations shall apply in the OS district: (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 12 (a) Second Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Section 18.42.040. Not more than one attached or detached second dwelling units shall be allowed on a lot in the OS district, and shall be subject to the following regulations: (1) Second dwelling shall only be permitted on sites with a minimum site area of 10 acres; (2) Attached second dwelling units shall comply with the OS district height limitation of 25 feet; and (3) Second dwelling units shall follow the standards set forth in the Residential Estate (R­ E) District for second dwelling units (18.10.070(b)), with the exceptions outlined in subsections 1 and 2 above. . . . SECTION 20.  Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) is added 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, self­contained 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 residence on the site and with other structures in the area. 2. Minimum Lot Sizes (i) In the R­1 district and all R­1 subdistricts, RE district, R­2 district, and RMD district, the minimum lot size for the development of an accessory dwelling unit is 5,000 square feet. (ii) In the OS District, the minimum lot size for the development of an accessory dwelling unit is 10 acres. 3. Setbacks and Daylight Plane (i) Except as otherwise provided in this section, accessory dwelling units shall (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 13 comply with the underlying zo setbacks, including daylight plane requirements. (ii) Notwithstanding section (i) 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. (iii) In districts permitting second story accessory dwelling units, a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above a garage. 4. Lot Coverage/FAR (i) An accessory dwelling unit shall be included in the lot coverage and FAR requirements applicable to the parcel. (ii) Exceptions: a. Lot Coverage. When the development of an accessory dwelling unit on a parcel with an existing single family residence would result in the parcel exceeding the lot coverage requirement, the accessory dwelling unit shall not be included in the calculation of lot coverage applicable to the property, so long as the parcel meets requirement or minimum lot size requirement. b. Basement FAR. In the R­1 district and all R­1 subdistricts, basement space used as an accessory dwelling unit, or portion thereof, shall not be included in the calculation of floor area for the entire site, providing the measurement from first finished floor to grade around the perimeter of the building is no more than three (3) feet. c. FAR. When the development of a new one­story accessory dwelling unit on a parcel with an existing single family residence would result in the parcel exceeding the maximum floor area, an additional 175 square feet of floor area above the maximum amount of floor area otherwise permitted by the underlying zoning district shall be allowed. This additional area shall be permitted only to accommodate the development of the accessory dwelling unit. 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 R­1 district and all R­1 subdistricts and RE district only, an Accessory Dwelling Unit shall be permitted if the unit is contained within the existing space of a single­family 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: a. For the purposes of this section, the portion of the single­family residence or accessory structure subject to the conversion shall be legally permitted and existing as of January 1, (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 14 2017. b. Notwithstanding the allowance in this section, only one accessory dwelling unit or junior accessory dwelling unit may be located on any lot subject to this section. c. No new or separate utility connection shall be required between the accessory dwelling unit and utility service, such as water, sewer, and power. d. The accessory dwelling unit shall comply with the provisions of subsections (a)(6), (a)(9), and (a)(10). 6. Privacy Any window, door or deck of a second story accessory dwelling unit shall utilize techniques to lessen views onto adjacent properties to preserve the privacy of residents. These techniques may include placement of doors, windows and decks to minimize overview of neighboring dwelling units, use of obscured glazing, window placement above eye level, and screening between the properties. 7. Additional Development Standards for Attached Accessory Dwelling Units (i) 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. (ii) Attached unit size counts toward the calculation of maximum house size. (iii) 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 existing living area of the primary existing 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. (iv) Maximum height (including property in a special flood hazard zone): One story and 17 feet. However, in the RE District attached Accessory Dwelling Units may be two stories and 30 feet. In the OS zone, attached Accessory Dwelling Units may be two stories and 25 feet. (v) Separate Entry Required for Attached Units: A separate exterior entry shall be provided to serve an accessory dwelling unit. (vi) Except on corner lots, the accessory dwelling unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the second entranceway 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. (vii) If covered parking for an accessory dwelling unit is provided in the RE zone, the maximum size of the covered parking area for the accessory dwelling unit is 200 square feet. (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 15 8. Additional Development Standards for Detached Accessory Dwelling Units (i) Detached accessory dwelling units are those detached from the main dwelling. All detached accessory dwelling units shall be subject to the additional development standards specified below. (ii) The maximum size of the detached accessory dwelling unit living area shall be 900 square feet. a. The accessory dwelling unit and any covered parking shall be included in the total floor area for the site, but the covered parking area is not included within the maximum 900 square feet for detached unit. b. 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. (iii) Maximum height (including property in a special flood hazard zone): one story and 17 feet. (iv) Setbacks: notwithstanding section (a)(3)(i), a detached accessory dwelling unit may be located in a rear yard, but must maintain a minimum s encroach into a daylight plane beginning at a height of eight fee one foot (1 . (v) If covered parking is provided for an accessory dwelling unit in the RE District, the maximum size of covered parking area for the detached accessory dwelling unit is 200 square feet. (vi) There shall be no windows, doors, mechanical equipment, or venting or exhaust systems located within six feet of a property line. 9. Additional Requirements for All Accessory Dwelling Units (i) Sale of Units: The Accessory dwelling unit shall not be sold separately from the primary residence. (ii) Short term rentals. The accessory dwelling unit shall not be rented for periods of less than 30 days. (iii) Number of Units Allowed: Only one accessory dwelling unit or junior accessory dwelling unit may be located on any residentially zoned lot. (iv) Existing Development: A single­family dwelling shall exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. (v) Occupancy: The owner of a parcel proposed for accessory dwelling use shall occupy as a principal residence either the primary dwelling or the accessory dwelling, unless both the primary dwelling and the accessory dwelling are rented to the same tenant and such tenant is prohibited from sub­leasing the primary dwelling or the accessory dwelling. (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 16 (vi) Prior to issuance of a building permit for the 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 accessory dwelling unit separate from the sale of the single­family residence; requires owner­ occupancy consistent with subsection (a)(9)(v) above; does not permit short­term rentals; and restricts the size and attributes of the accessory dwelling unit to those that conform with this section. (vii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (viii) Street Address Required: Street addresses shall be assigned to all accessory dwellings to assist in emergency response. (ix) Street Access: When parking is provided, the accessory dwelling 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 is permitted by the director upon a determination that separate access will result in fewer environmental impacts such as excessive paving, unnecessary grading or unnecessary tree removal, and that such separate access will not create the appearance, from the street, of a lot division or two­family use. (x) 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 Standards for the Treatment of Historic Properties shall be required, as determined by the Planning Director. (xi) 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 it the Tree Technical Manual. (xii) Except as modified by this Section 18.42.040, the accessory dwelling unit shall conform to all requirements of the underlying zoning district, any applicable combining district, and all other applicable provisions of this Title 18. 10. Parking (i) No additional parking shall be required for accessory dwelling units. (ii) If an accessory dwelling unit replaces existing required covered parking, replacement spaces shall be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, within the front setback if on an existing driveway, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. All new parking structures shall comply with development standards of the underlying zoning. (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 17 (b) Junior Accessory Dwelling Units 1. Purposes: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing single family structure and requires owner occupancy in the single family residence where the unit is located. 2. Development Standards. Junior accessory dwelling units shall comply with the following standards: (i) Number of Units Allowed: Either one accessory dwelling unit or one junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single­family dwelling except as otherwise regulated or restricted by an adopted Coordinated Area Plan or Specific Plan. A junior accessory dwelling unit shall only be located on a lot which already contains one legal single­family dwelling. (ii) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size. (iii) Lot Coverage/FAR: a. A junior accessory dwelling unit shall be included in the calculation of lot coverage and FAR applicable to the property. b. A lot with a junior accessory dwelling unit shall be permitted to develop an additional 50 square feet of floor area above the maximum amount of floor area otherwise permitted by the underlying zoning district. This additional area shall be permitted to accommodate the junior accessory dwelling unit. (iv) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling. Owner­occupancy is not required if the owner is a governmental agency, land trust, or housing organization. (v) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. (vi) Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than 30 days. (vii) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling, and shall include conversion of an existing bedroom. (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 18 (viii) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit, with an interior entry to the main living area. A junior accessory dwelling may include a second interior doorway for sound attenuation. (ix) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a. A sink with a maximum waste line diameter of one­and­a­half (1.5) inches, b. A cooking facility or appliance which does not require electrical service greater than one hundred and twenty (120) volts, or natural or propane gas, and c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (x) Parking. No additional parking is required beyond that required at the time the existing primary dwelling was constructed. (xi) Fire Protection; Utility Service. 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. (xii) Deed Restriction. 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 single­family residence, requires owner­occupancy consistent with subsection (b)(2)(iv) above, does not permit short­term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 21. Section 18.52.040 (6)(c) Table 1, is amended as follows: Table 1  Minimum Off­Street Parking Requirements  Use Vehicle Parking Requirement  (# of spaces) Bicycle Parking Requirement Spaces Class1 Long Term (LT)  and Short Term  (ST) RESIDENTIAL USES Single ­Family Residential (Primary Unit) Tandem Parking Allowed (a) In the OS district 4 spaces, of which at least one space must be covered None (b) In all other districts 2 spaces, of which at least one space must be covered (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 19 (c) Underground parking for single family uses is prohibited, except pursuant to a variance granted in accordance with the provisions of Chapter 18.76 (Permits and Approvals) of this title, in which case the area of the underground garage shall be counted toward the gross floor area. Second Accessory DwellingUnit (In addition to main dwelling unit requirements) >450 sf in size <450 sf in size 2spaces, of which at least one must be covered 1 space, covered or uncovered No parking required None Junior Accessory Dwelling Units No parking required None Two­Family Residential (R­2 & RMD Districts) 1.5 spaces per unit, of which at least one space per unit must be covered Tandem Parking Allowed, with one tandem space per unit, associated directly with another parking space for the same unit 1 space per Unit 100% LT Multiple ­Family Residential 1.25 per studio unit 1.5 per 1­bedroom unit 2 per 2­bedroom or larger unit At least one space per unit must be covered Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) 1 per unit 100% LT (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 20 (a) Guest Parking For projects exceeding 3 units; 1 space plus 10% of total number of units, provided that if more than one space per unit is assigned or secured parking, then guest spaces equal to 33% of all units is required. 1 space for each 10 units 100% ST . . .    SECTION 22.  SECTION 23. 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 24. 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. / / / / / / / / / / / / / / / / / / (SGY7MKR)RZIPSTI-()*'(()%%%%( 2017­04­19_Palo Alto ADU FINAL 21 SECTION 25. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Public Resources Code section 21080.17 (Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units) and CEQA Guideline sections 15061(b) and 15301, 15303 and 15305 because it simply provides a comprehensive permitting scheme for accessory dwelling units whose construction is exempt from CEQA. SECTION 26. This ordinance shall be effective on the thirty­first date after the date of its adoption. INTRODUCED: April 17, 2017 PASSED: May 8, 2017 AYES: DUBOIS, FILSETH, FINE, KNISS, SCHARFF, TANAKA, WOLBACH NOES: HOLMAN, KOU ABSENT: NOT PARTICIPATING: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Assistant City Attorney City Manager Director of Planning & Community Environment (SGY7MKR)RZIPSTI-()*'(()%%%%( 'IVXMJMGEXI3J'SQTPIXMSR )RZIPSTI-H)*'(()%%%%( 7XEXYW'SQTPIXIH 7YFNIGX4PIEWI(SGY7MKRXLMWHSGYQIRX36(%(93VHMRERGITHJ 7SYVGI)RZIPSTI (SGYQIRX4EKIW 7MKREXYVIW )RZIPSTI3VMKMREXSV 7YTTPIQIRXEP(SGYQIRX4EKIW -RMXMEPW /MQ0YRX 'IVXMJMGEXI4EKIW %YXS2EZ)REFPIH )RZIPSTI-H7XEQTMRK)REFPIH 8MQI>SRI 98' 4EGMJMG8MQI 97  'EREHE 4E]QIRXW ,EQMPXSR%ZI 4EPS%PXS'% OMQFIVP]PYRX$GMX]SJTEPSEPXSSVK -4%HHVIWW 6IGSVH8VEGOMRK 7XEXYW3VMKMREP %1 ,SPHIV/MQ0YRX OMQFIVP]PYRX$GMX]SJTEPSEPXSSVK 0SGEXMSR(SGY7MKR 7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT 7ERHVE0II 7ERHVE0II$'MX]SJ4EPS%PXSSVK %WWMWXERX'MX]%XXSVRI] 7IGYVMX]0IZIP)QEMP%GGSYRX%YXLIRXMGEXMSR 2SRI 9WMRK-4%HHVIWW 7IRX%1 :MI[IH%1 7MKRIH%1 )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI 2SX3JJIVIHZME(SGY7MKR -( ,MPPEV]+MXIPQER ,MPPEV]+MXIPQER$'MX]SJ4EPS%PXSSVK 7IGYVMX]0IZIP)QEMP%GGSYRX%YXLIRXMGEXMSR 2SRI 9WMRK-4%HHVIWW 7IRX%1 :MI[IH%1 7MKRIH%1 )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI 2SX3JJIVIHZME(SGY7MKR -( .EQIW/IIRI NEQIWOIIRI$GMX]SJTEPSEPXSSVK 'MX]1EREKIV 'MX]SJ4EPS%PXS 7IGYVMX]0IZIP)QEMP%GGSYRX%YXLIRXMGEXMSR 2SRI 9WMRK-4%HHVIWW 7MKRIHYWMRKQSFMPI 7IRX%1 :MI[IH%1 7MKRIH%1 )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI %GGITXIH41 -(JIEEGFFHEGI ,+VIKSV]7GLEVJJ KVIKWGLEVJJ$GMX]SJTEPSEPXSSVK 1E]SV 'MX]SJ4EPS%PXS 7IGYVMX]0IZIP)QEMP%GGSYRX%YXLIRXMGEXMSR 2SRI 9WMRK-4%HHVIWW 7MKRIHYWMRKQSFMPI 7IRX%1 :MI[IH%1 7MKRIH%1 )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI 2SX3JJIVIHZME(SGY7MKR -( 7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT &IXL1MRSV &IXL1MRSV$'MX]SJ4EPS%PXSSVK 'MX]'PIVO 'MX]SJ4EPS%PXS 7IGYVMX]0IZIP)QEMP%GGSYRX%YXLIRXMGEXMSR 2SRI 9WMRK-4%HHVIWW 7IRX%1 :MI[IH%1 7MKRIH%1 )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI 2SX3JJIVIHZME(SGY7MKR -( -R4IVWSR7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT )HMXSV(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT %KIRX(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT -RXIVQIHMEV](IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT 'IVXMJMIH(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT 'EVFSR'ST])ZIRXW 7XEXYW 8MQIWXEQT 2SXEV])ZIRXW 8MQIWXEQT )RZIPSTI7YQQEV])ZIRXW 7XEXYW 8MQIWXEQTW )RZIPSTI7IRX ,EWLIH)RGV]TXIH %1 'IVXMJMIH(IPMZIVIH 7IGYVMX]'LIGOIH %1 7MKRMRK'SQTPIXI 7IGYVMX]'LIGOIH %1 'SQTPIXIH 7IGYVMX]'LIGOIH %1 4E]QIRX)ZIRXW 7XEXYW 8MQIWXEQTW )PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI