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Home My WebLink AboutOrdinance 56131 0160134_20240109_ay16 Ordinance No. 5613 Emergency Ordinance of the Council of the City of Palo Alto Amending Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.3 of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a)On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b)In accordance with AB 1397 (2017), Program 1.3, Sites Used in Previous Housing Cycle, requires rezoning and a “by right” approval process for qualifying projects proposed on certain housing opportunity sites that were included as opportunity sites in prior housing elements. (c)Government Code Sec�on 65583.2, subdivision (c) and the Housing Element require that the City complete its implementa�on of Program 1.3 by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (d) Ordinance No. 5608, adopted on December 11, 2023, accomplished the required rezoning for all sites subject to Program 1.3. (e)This ordinance implements the “by right” development process for sites subject to Program 1.3 and makes conforming changes to exis�ng provisions of Title 18. (f)The City Council ﬁnds and declares that this emergency ordinance is necessary as an emergency measure to preserve the public peace, health or safety by promo�ng the development of much-needed housing in Palo Alto, and by ensuring compliance with the deadlines and requirements of state law set forth above. (g)The City Council further ﬁnds and declares that the need for housing development presents a current and immediate threat to the public health, safety, or welfare and that the provisions of this ordinance will remove barriers that contribute to this threat. SECTION 2. Sec�on 18.14.050 (By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites) of Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.14.050 By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites (a)Mul�-family residen�al projects on housing opportunity sites shall be a “use by right,” subject to all of the following requirements: (1)The site is designated in Appendix D of the Housing Element to accommodate lower income households and it is either: (A)a nonvacant site included in one prior housing element; or (B)a vacant site that has been included in two or more consecu�ve, prior housing elements; DocuSign Envelope ID: A6A32534-D4C0-4941-85AD-AD82B9BE29D8 2 0160134_20240109_ay16 (2)The site was not previously approved to develop a por�on of City’s regional housing need alloca�on; (3)The project restricts at least 20 percent of the units to rents or sales prices aﬀordable to lower income households; and (4)The site has suﬃcient water, sewer, and other dry u�li�es available and accessible. (b)“use by right” shall have the same meaning as provided in Government Code Sec�on 65583.2, subdivision (i). (c) “lower income households” shall have the same meaning as provided in Health and Safety Code Sec�on 50079.5. (d)Qualifying projects shall be reviewed pursuant to Sec�on 18.77.074. SECTION 3. Sec�on 18.77.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.76.020 Architectural Review (a)Purpose [. . .] (b)Applicability No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this sec�on, unless an applica�on for architectural review is reviewed, acted upon, and approved or approved with condi�ons as set forth in Sec�on 18.77.070. (1)Exempt Projects. The following projects do not require architectural review: [. . .] (C)Housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2) (the Housing Accountability Act), but only to the extent if such projects qualify for ministerial review under Government Code sec�ons 65913.4 or 65951, or if they comply with all applicable objec�ve standards, in this code and the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, 65913.4, or 65905.5. Such projects shall be subject to the processes set forth in Sec�ons 18.77.073 or 18.77.074, as applicable. [. . .] SECTION 4. Sec�on 18.76.025 (Mul�-Family Residen�al Projects Exempt Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.76.025 Mul�-Family Residen�al Projects Exempt from Architectural Review No permit required under Title 2, Title 12 or Title 16 shall be issued for a mul�-family residen�al project that is exempt from Architectural Review under Sec�on 18.76.020, subdivision (b)(1)(C), unless it ﬁrst receives a planning approval from the Planning Director under this Sec�on. Projects subject to ministerial review or that are deﬁned as a “use by right” under state law shall be reviewed under Sec�on 18.77.074. DocuSign Envelope ID: A6A32534-D4C0-4941-85AD-AD82B9BE29D8 3 0160134_20240109_ay16 Projects that are not subject to ministerial review, but that comply with all applicable objec�ve standards, shall be reviewed under Sec�on 18.77.073. SECTION 5. Sec�on 18.77.073 (Streamlined Housing Development Project Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.77.073 Streamlined Housing Development Project Review Process (a) Applicability This sec�on shall apply to applica�ons for residen�al mixed-use and mul�family housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2), that comply with all applicable objec�ve standards in this code and for which the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, or 65905.5. [. . .] SECTION 6. Sec�on 18.77.074 (Ministerial and By Right Review Processes) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.77.074 Ministerial and By Right Review Process (a)Purpose and Applicability This sec�on is intended to deﬁne a streamlined, ministerial review process for qualifying Housing Development Projects that are submited pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This sec�on shall apply to mul�-family residen�al projects that are subject to ministerial review or deﬁned as a “use by right” in state law, including, but not limited to, Government Code Sec�ons 65651, 65583, 65583.2, and 65913.4. This sec�on does not apply to the crea�on of an accessory dwelling unit and/or junior accessory dwelling unit. The review required by this sec�on shall not involve the exercise of discre�on in a manner that would cons�tute a “project” for purposes of the California Environmental Quality Act (CEQA). This sec�on does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project” for purposes of CEQA. (b)Staﬀ level review. Applica�ons under this sec�on shall be reviewed by City staﬀ for compliance with applicable objec�ve standards in the City’s Comprehensive Plan, Speciﬁc Plans, Area Plans, Municipal Code, and other rules and regula�ons. A decision on the applica�on shall be made by the Planning Director within any �meframes dictated by applicable state law. (c)Public study session. Prior to preparing a writen decision, the Director may, in his or her sole discre�on, refer the applica�on to the Architectural Review Board or to other advisory boards or commissions for informal review. The recommenda�ons of such boards and commissions shall not be binding. (d)Public no�ces. DocuSign Envelope ID: A6A32534-D4C0-4941-85AD-AD82B9BE29D8 4 0160134_20240109_ay16 No�ce of a public mee�ng to consider the applica�on shall be given at least seven days prior to the mee�ng by mailing to the applicant and all residents and owners of property within 600 feet of the project. No�ce shall include the address of the property, a brief descrip�on of the proposed project, and the date and �me of the hearing. SECTION 7. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not aﬀect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. SECTION 8. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, ﬁnding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.3 of the Housing Element, which this ordinance implements. SECTION 9. This ordinance shall be eﬀec�ve immediately upon adop�on by a four -ﬁ�hs vote of the City Council, unless extended or repealed by the City Council, shall remain in eﬀect for 45 days, or un�l a replacement ordinance becomes eﬀec�ve, whichever occurs ﬁrst. INTRODUCED: January 22, 2024 PASSED: AYES: NOES: January 22, 2024 BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER KOU ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services DocuSign Envelope ID: A6A32534-D4C0-4941-85AD-AD82B9BE29D8 Certificate Of Completion Envelope Id: A6A32534D4C0494185ADAD82B9BE29D8 Status: Completed Subject: DocuSign: Ordinance 5613 - Emergency Ordinance Amending Title 18.pdf Source Envelope: Document Pages: 4 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 1/24/2024 3:13:44 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.113.236.151 Sent: 1/24/2024 3:19:18 PM Viewed: 1/24/2024 3:50:30 PM Signed: 1/24/2024 3:51:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 1/24/2024 3:51:05 PM Viewed: 1/29/2024 3:58:27 PM Signed: 1/29/2024 3:58:36 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 1/29/2024 3:58:38 PM Viewed: 1/29/2024 9:20:05 PM Signed: 1/29/2024 9:20:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greer Stone greer.stone@cityofpaloalto.org Vice Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 1/29/2024 9:20:13 PM Viewed: 1/29/2024 9:54:20 PM Signed: 1/29/2024 9:55:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 1/29/2024 9:55:11 PM Viewed: 1/29/2024 10:13:22 PM Signed: 1/30/2024 6:17:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/24/2024 3:19:18 PM Certified Delivered Security Checked 1/29/2024 10:13:22 PM Signing Complete Security Checked 1/30/2024 6:17:33 PM Completed Security Checked 1/30/2024 6:17:33 PM Payment Events Status Timestamps