HomeMy WebLinkAboutOrdinance 56561
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Ordinance No. 5656
Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building
Regulations) and Title 18 (Zoning) of the Palo Alto Municipal Code to Amend
Requirements Relating to Accessory Dwelling Units and Junior Accessory
Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
A. In 2023, the City of Palo Alto adopted Ordinance 5585, amending the City’s requirements
for ADUs and JADUs to reflect changes in State law and guidance from the California
Department of Housing and Community Development (HCD).
B. On October 29, 2024, the City received a letter from HCD commenting on aspects of the
City’s J/ADU ordinance that HCD found inconsistent with State law.
C. California Government Code section 66326(b)(2) requires that the City either amend its
ordinance as indicated in the letter or adopt the ordinance without the changes and include
findings that explain the reasons the City believes the ordinance complies with State J/ADU
law.
D. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto now intends to amend its J/ADU ordinance in response to
each of HCD’s comments.
E. Additionally, the City now adopts explanatory findings to accompany the amendments in
response to several of HCD’s comments.
F.HCD Comment 9 states, “The Ordinance makes several references to Chapter 8.10, the
City’s Tree and Landscape Preservation and Management regulations, and requires that
elements of ADU development conform to Chapter 8.10…The City should amend the
Ordinance to ensure that compliance with this ordinance section will not delay or cause the
denial of an ADU or JADU building permit or use permit.” The City now intends to amend its
ADU ordinance to eliminate references to Chapter 8.10. Additionally, the City now amends
its Chapter 18.09.040 to include objective landscape requirements for those ADUs that are
subject to local standards, pursuant to Government Code section 66314(b). These landscape
requirements include adherence to applicable objective landscape standards in the Tree
and Landscape Technical Manual for the protection of trees during construction. The City
Council finds that the standards in the Tree and Landscape Technical Manual for the
protection of trees during construction are industry standard best practices for construction
and are typically imposed as conditions of approval. Consistent with HCD’s comment, the
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ordinance will clarify that the Tree and Landscape Technical Manual’s standards for tree
protection during construction are not a cause of delay or denial of an ADU or JADU permit.
G. HCD Comment 10 states, “The Ordinance describes JADUs in the section ‘Units Subject to
Local Standards’ and creates governance of JADUs that ‘do not qualify for approval under
section 18.090.030.’ However, all JADUs are created pursuant to Government Code section
66323, subdivision (a)(1), and would therefore be approved under section 18.090.030. The
City must remove references to JADUs in this section.” The City Council finds that this
comment is incorrect; although some JADUs are created pursuant to Government Code
section 66323, JADUs may also be created pursuant to Government Code sections 66333-
66339 (also known as “Article 3”), which begins with the statement “Notwithstanding
Article 2 (commencing with Section 66314 [and including section 66323]), a local agency
may, by ordinance, provide for the creation of junior accessory dwelling units in single-
family residential zones” (emphasis added). Nonetheless, through this Ordinance, the City
intends to remove all references to JADUs in Section 18.09.040, “Units Subject to Local
Standards.” All JADUs that meet the requirements of Government Code section 66323(a)
will be subject to the ministerial approval provisions in Chapter 18.09.030. Additionally, in
order to further incentivize the construction of JADUs, the Ordinance allows a 500 square
foot bonus for the primary dwelling unit where a JADU that meets the conditions in
18.09.050(f) is constructed on site. The City Council finds that this additional incentive
provided in 18.09.050 does not conflict with Government Code sections 66310-66342
because it liberalizes the City’s regulations for primary residences and does not regulate the
construction of JADUs.
H. HCD Comment 14 states, “Section 18.09.040 (l) – Parking Exceptions – The Ordinance does
not provide for exemptions to parking requirements pursuant to Government Code section
66322, subdivisions (a)(1) through (a)(6)…Therefore, the City must amend the Ordinance to
add the required exemptions.” Table 1 and 2 of PAMC 18.09.030 and 18.09.040, as well as
Table 1 of PAMC 18.52.040, indicate that parking is not required for newly constructed
ADUs or JADUs. Additionally, this Ordinance amends PAMC 18.09.040(l) so that the City no
longer requires replacement parking for ADUs or JADUs under any circumstance. Because
the Ordinance as amended imposes no parking requirements for J/ADUs, it does not
enumerate the exemptions to parking requirements described in Government Code section
66322(a)(1)-(6).
I. On September 19, 2024, the Governor signed Senate Bill (SB) 1211, effective January 1,
2025. SB 1211 allows up to 8 detached accessory dwelling units (ADUs) on parcels with
existing multifamily development and provides that cities can no longer require
replacement parking for uncovered parking spaces that are removed for an ADU.
J. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to amend its J/ADU ordinance to implementing SB
1211 and to make additional clerical amendments and minor amendments to conform with
State law.
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K. Section 9 of this Ordinance amends Chapter 16.04 (California Building Code, California Code
of Regulations, Title 24, Part 2, Volumes 1 &2) of Title 16 (Building Regulations) of the Palo
Alto Municipal Code. This is an administrative amendment to clarify and establish civil and
administrative procedures, regulations, or rules to administer the enforcement of Title 16.
In particular, it clarifies that while the California Building Code definitions of “gross floor
area” and “net floor area” apply for the purposes of enforcing Title 16, for the purposes of
enforcing the zoning code (Title 18 of the Palo Alto Municipal Code), the definitions in Title
18 apply. This amendment is not a building standard as defined in Health and Safety Code
section 18909.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of
Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and
junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's
housing stock and additional affordable housing opportunities. These 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 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(s) on the site and with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home, ADU, and/or a JADU on a lot that allows for single-family
development shall not be considered a multifamily development pursuant to PAMC
Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code sections 6632365852.2, subdivision (e) provides that certain units
shall be approved notwithstanding State or local regulations that may otherwise
apply. The following types of units shall be governed by the standards in this section.
In the event of a conflict between this section and Government Code section
6632365852.2, subdivision (e), the Government Code shall prevail.
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i. An ADU and JADU within the existing space of a single-family dwelling or an
ADU within the existing space of an accessory structure (i.e. conversion
without substantial addition).
ii. An ADU and JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing
single-family dwelling, provided the ADU does not exceed 800 square feet,
sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks, or the
maximum height described in subparagraph (A), (B), or (C) of paragraph (4)
of subdivision (b) of Government Code Section 66321, as applicable.
iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to two eight detached ADUs on a lot with an existing multi-family
dwelling, provided that the number of ADUs does not exceed the number of
existing units on the lot.
vi. Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached
ADU/JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number
of Units
Allowed
1 ADU and 1 JADU 1 Attached ADU, 1 Detached
ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum 150 sf
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size(1)
Maximum
size(1)N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3)N/A 16(5)N/A 16(5)(6)
Parking None
State Law
Reference
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(1)
(B)
66323(a)(2)
65852.2(e)(1)(C) 66323(a)(3) 65852.2(e)(1)(D)
66323(a)(4)
(1)Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(2)New construction must be consistent with allowable space (e.g. FAR, Lot Coverage) of a single
family residence, except that up to 150 sf may be added for the purpose of ingress and egress
only, without regard to underlying zone standards The maximum size of a JADU is 500 square
feet. See PAMC 18.09.030(h) for additional information.
(3)Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4)Units must be detached from existing primary dwellings but may be attached to each other.
(5)A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6)A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section. When there is an ADU or JADU
attached to an existing or proposed primary dwelling, the shared wall between
these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and
Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to
the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B)
and (C).
(d) The establishment of accessory dwelling units and junior accessory dwelling units
pursuant to this section shall not be conditioned on the correction of non-
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conforming zoning conditions; provided, however, that nothing in this section shall
limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety. Upon request of the owner for a delay in
enforcement, the Chief Building Official shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety
Code.
(e)The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling. Nothing in this section shall preclude
the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(g) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance). If a permitted JADU does not include a separate bathroom,
the permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
(h)Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation orf reconstruction does not increase
the degree of non-compliance, such as increased height, envelope, or further
intrusion into required setbacks. An expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure may be
provided to accommodate ingress and egress. Any portion of an ADU addition to the
existing accessory structure that is not limited to providing for ingress and egress to
the unit, and that exceeds the envelope of the existing accessory structure shall be
subject to Section 18.09.040.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(j) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(k) Replacement parking is not required when a garage, carport, or covered parking
structure an off-street parking space is converted to, or demolished in conjunction
with the construction of, an ADU.
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(l) JADUs shall comply with the requirements of Section 18.09.050.
(m) Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s
application checklist requires a tree disclosure statement, it may be completed by the
property owner.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for
approval under section 18.09.030 and for which the City may impose local standards
pursuant to Government Code section 65852.2, subdivisions (a) through (d)66314.
Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square
feet, at the heights stated in Table 2, with a four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU/JADUs unless the envelope of the building is proposed to be modified beyond
any existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached JADU
Number of Units Allowed1 1 1
Minimum size 150 sf
Maximum size 900 sf (1,000 sf
for two or more
bedrooms);
no more than
50% of the size
of the single-
family home
900 sf (1,000 sf
for two or
more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines; Underlying
zone standard
for front
setback
Daylight Plane Underlying
zone standard
per footnote (7)
N/A Underlying
zone standard
Maximum Height3 Underlying
zone standard Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
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Square Footage Exemption when in
conjunction with a single family
home(4)
Up to 800 sf Up to 500 sf
(1) An attached orand detached ADU may be built in conjunction with a JADU on a lot with an
existing or proposed single family home. One attached or detached ADU may be built in
conjunction with an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4) Lots with both an attached and detached ADU and a JADU may exempt a maximum combined
total of 800 square feet of boththe ADUs and JADU from FAR, Lot Coverage, and Maximum
House Size calculations. Any square footage that exceeds this exemption shall contribute to the
FAR, Lot Coverage, and (if attached) Maximum House Size calculations for the subject property.
This exemption is not afforded to lots with existing or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These
ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed
on the lot in conjunction with the construction of an ADU/JADU.
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and
Maximum House Size calculations for a lot with an existing or proposed single family
home, up to the amounts stated in Table 2. ADU and/or JADU square footage in
excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage,
and Maximum House Size calculations for the lot.
(e) When there is an ADU or JADU attached to an existing or proposed primary dwelling,
the shared wall between these units shall contribute to the maximum allowable
Floor Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-
family home, this measurement shall be taken to the outside stud wall in accordance
with Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement
shall be taken to the outside surface of exterior walls in accordance with Section
18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, Aattached units shall not have an interior
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access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance).
(g) Reserved No protected tree shall be removed for the purpose of establishing an
accessory dwelling unit except in accordance with Chapter 8.10. Notwithstanding
any contrary provision of Chapter 8.10, to the extent the City’s application checklist
requires a tree disclosure statement, it may be completed by the property owner.
(h) 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 completion of a historic resource evaluation, compliance with the
appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment that exclusively serves an ADU/JADU may be located anywhere
on the site, provided they maintain the underlying front yard setback requirements
of the property and, if the property is a corner lot, a 10-foot street-side setback. All
such equipment shall be insulated and housed, except that the Director may permit
installation without housing and insulation, provided that a combination of technical
noise specifications, location of equipment, and/or other screening or buffering will
assure compliance with the city’s Noise Ordinance at the nearest property line. All
service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the
Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU/JADU may
encroach into a setback required for the primary dwelling provided the
following conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an
adjacent interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed
closer than four feet to an adjacent interior property line. When
visible from the right of way, these facilities shall be screened from
view with vegetation.
(C) The new basement shall not negatively impact tree roots on the
subject property or on adjacent lots such that it would require to be
removed or cause the protected tree to die.
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(D) (C) Habitable ADU/JADU basements shall contribute toward the
unit’s total allowable floor area. Any floor area in excess of the
exemptions provided in this Section shall contribute to the total
allowable limits for the site.
(3) Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home only, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously
with the construction of a new ADU/JADU, the homeowner may elect to
build all structures may be built to a 10-foot street-side setback and a 16-foot
front yard setback, regardless of the presence of a more restrictive special
setback, unless a fire or life-safety regulation requires a greater setback.
Pursuant Government Code section 66321(b)(3), a street-side setback may
not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or
reconstructed to create an ADU/JADU, any portion of the ADU/JADU that is
in the same location and falls within the building envelope of the original
structure shall not be subject to the development standards stated in this
Section. Any portion of the ADU/JADU that is in a different location or
exceeds the envelope of the original structure shall comply with the
development standards stated in this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph
(5) above, when an existing, legal, non-conforming structure is converted in-
place to an ADU/JADU, the envelope of the structure may be modified to
encroach further into a setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more
than one linear foot in height commensurate to the existing roofline
of the structure provided the height of the addition does not exceed
12 feet from grade. The roofline shall not be changed to a style other
than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six
inches in thickness based on its existing location and configuration, as
measured to exterior surface of the material, to provide for greater
insulation and energy requirements provided that a minimum of one
foot is maintained between the addition and an adjacent interior
property line. An existing wall of a structure that does not currently
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have a separation of one foot from a parallel property line shall not
be expanded outward.
(C) All other additions not specified here shall follow the standard
setbacks for the ADU/JADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, the unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit unless the entranceway to the accessory unit 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.
(2) Privacy
(A) Second story doors and decks shall not face a neighboring property
line. Second story decks and balconies shall utilize screening barriers
to prevent views towards an adjacent interior property line. These
barriers shall be a minimum five-foot, six-inch height from the floor
level of the deck or balcony and shall not include perforations of any
kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space,
excluding those required for egress, shall have a five-foot sill height as
measured from the second-finished floor level, or utilize opaque
glazing on the entirety any window that faces an adjacent interior
property line.
(C) Windows on a second finished floor, loft, or equivalent elevated
space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor
of an ADU or JADU shall not face towards an adjacent interior
property line. If this is not feasible, then these windows shall utilize
opaque glazing on the whole window.
(E) If the first finished floor of an ADU or JADU is two feet or more above
grade, then first floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior
property line shall have a windowsill(s) that start five feet
above the first finished floor for the unit;
ii. Non-egress, non-operable windows facing an adjacent interior
property line shall have the lower half of window(s) (minimum
of five feet above the first finished floor) utilize opaque
glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall
be used in lieu of operable windows that face adjacent interior
properties.
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(G) No exterior lighting shall be mounted above seven feet. All lighting
mounted on walls shall be directed downwards and shall not direct
light towards adjacent interior property lines. Any ground lighting
shall not direct light upwards to the building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, or covered
parking structure, or uncovered parking space is converted to, or demolished
in conjunction with the construction of, an ADU.
(2) Replacement parking is required when an existing attached garage, carport,
or covered parking structure is converted to a JADU or when a required,
existing, uncovered parking space is expanded into an ADU/JADU. These
replacement spaces may be provided as uncovered spaces in any
configuration on the lot including within the front or street side yard setback
for the property.
(A) The Director shall have the authority to modify required replacement
parking spaces by up to one foot in width and length upon finding
that the reduction is necessary to accommodate parking in a location
otherwise allowed under this code and is not detrimental to public
health, safety or the general welfare.
(B) Existing front and street side yard driveways may be enlarged to the
minimum extent necessary to comply with the replacement parking
requirement above. Existing curb cuts shall not be altered except
when necessary to promote public health, safety or the general
welfare.
(2) (3) When parking is provided, the 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 will result in fewer environmental impacts such as paving, grading or tree
removal.
(3) (4) When a single-family dwelling unit is permitted simultaneously with the
construction of new ADU/JADUs, the primary unit’s covered parking
requirements identified in Chapter 18.10 and 18.12 do not need to be
provided. Two uncovered parking spaces shall be provided in any
configuration on the lot including within the front or street-side setback for
the property.
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(4) (5) If covered parking for a unit is provided in any district, the maximum size of
the covered parking area for the accessory dwelling unit is 220 square feet.
This space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit. Any attached garage shall not
have an interior access point to the ADU/JADU (e.g. hotel door or other similar
feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf
Maple), Calocedrus decurrens (California Incense Cedar), Quercus
agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus
kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in
circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is
eighteen inches in diameter (fifty-seven inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen
inches in diameter (forty-seven inches in circumference) or more
when measured four and one-half feet (fifty-four inches) above
natural grade. A “protected tree” does not include a tree of any
species on the Exempt Species List put forth by the Department of
Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of
a current or previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement
between the property owner and a responsible government agency
or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
(2) Except as provided in subsection (3) below, the construction of an ADU shall
not impact any protected tree, on the subject property or any adjacent lot by
requiring:
(A) Removal of more than twenty-five percent of the functioning leaf,
stem, or root area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of
any Quercus (oak) species in any thirty-six-month period; or
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(C) Trenching, excavating, altering the grade, or paving within the tree
protection zone of a tree in a way that foreseeably leads to the death
of the tree. For the purposes of this subsection (m), "tree protection
zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-
four inches) above natural grade.
(3)If an action prohibited by section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state
law, the tree shall be replaced according to the objective requirements
identified in the Tree Canopy Replacement Table of the Palo Alto Tree and
Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards
and specifications in the Tree and Landscape Technical Manual for the
protection of trees during construction. Compliance with this subsection (4)
shall not delay or cause the denial of an ADU or JADU building permit or use
permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
(2) The unit shall not be sold separately from the primary residence except as
allowed under Government Code Section 66341.
(3) Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
(4) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
as an alternative means of compliance with generally applicable fire
protection requirements.
18.09.050 Additional Requirements for JADUs
(a) A JADUjunior accessory dwelling unit may only be created on a lot in a single-family
residential zone with an existing or proposed single family residence. A JADUjunior
accessory dwelling unit shall be attached to or created within the walls of an existing
or proposed primary dwelling, including enclosed uses within the residence, such as
an attached garage.
(b) The JADUjunior accessory dwelling unit shall include an efficiency kitchen, requiring
the following components: A cooking facility with appliances, and; food preparation
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counter and storage cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner
installed range, an oven or convection microwave, a 10 cubic foot refrigerator
and freezer combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in
relation to a JADU if they provide counter space equal to a minimum 24-inch
depth and 36-inch length.
iii.i. JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with
the primary unit. If a permitted JADU does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main
living area. In this instance, the floor area and lot coverage associated with
shared space shall count towards the primary unit’s maximum allowances
only. The combined sanitation facilities between the units shall include
shower, toilet, and sink fixtures at a minimum and shall conform to the
minimum requirements specified in the Building Code.
(c) 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 JADUjunior accessory
dwelling unit shall not be considered a separate or new unit.
(d) The owner of a parcel proposed for a JADUjunior accessory dwelling unit shall occupy
as a primary residence either the primary dwelling or the JADUjunior accessory
dwelling. Owner-occupancy is not required if the owner is a governmental agency,
land trust, or housing organization.
(e) Prior to the issuance of a building permit for a JADUjunior 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 single-family residence, requires owner-occupancy consistent with subsection (d)
above, does not permit short-term rentals, and restricts the size and attributes of the
JADUjunior dwelling unit to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded bonus
square footage equal to the square footage of a proposed JADU when a JADU is
constructed on site, provided the JADU meets the following requirements:
1) The JADU must conform to the underlying zoning district’s development
standards for single family homes.
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2) The maximum number of units on site shall not exceed four (two ADUs, one
JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under
Section 18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the
entrance to the primary home.
6) All egress windows which face an adjacent residential property must utilize
opaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have
a windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the
noise regulations in PAMC 9.10.
SECTION 3. Subsection (a)(75)(A) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined and deletions struck-through):
(A) For ADUs, a kitchen must have permanent provisions for eating, cooking, and sanitation
as required by Government Code Section 66313 and Section 17958.1 of the Health and
Safety Code. major appliances shall mean a minimum two burner installed range, and an
oven or convection microwave, as well as a minimum 11 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
SECTION 4. Subsection (a) of Section 16.49.050 (Exterior Alteration of Historic Structures) of
Title 16 (Building Regulations) of the Palo Alto Municipal Code (“PAMC”) is amended to read as
follows (additions underlined and deletions struck-through):
(a) Review Process. Except for Accessory Dwelling Units and Junior Accessory Dwelling Units
proposed on properties listed in the Palo Alto local historic inventory, aAll applications
for a building permit for exterior alteration to any historic structure/site in the
downtown area or a significant building elsewhere in the city, new construction on a
parcel where there is currently a historic structure in the downtown area or a significant
building elsewhere in the city, or such application for construction within a historic
district shall be reviewed as follows:
SECTION 5. Footnote (5) of Table 2 in Section 18.10.040 (Development Standards) of Chapter
18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) is amended to read as follows
(deletions struck-through):
(5)Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of
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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 single-family residences, not to duplexes allowed in the R-2 and
RMD districts.
SECTION 6. Section 18.10.150 (Grandfathered Uses) of Chapter 18.10 (Low-Density
Residential) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined, deletions struck-through, unchanged text omitted by bracketed
ellipses):
18.10.150 Grandfathered Uses
[…]
(d)(Reserved) Existing Accessory Dwellings and Guest Cottages
In the RE district, accessory dwellings and guest cottages existing on April 28, 1986, and
which prior to that date were lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permitted to remodel, improve or replace site
improvements on the same site, without necessity to comply with site development
regulations for continual use and occupancy by the same use; provided that any such
remodeling, improvement or replacement shall not add a kitchen nor result in increased
floor area, number of dwelling units, height, length or any other increase in the size of the
improvement without complying with the standards set forth in this subsection and
applying for and receiving a conditional use permit pursuant to Chapter 18.76.
[…]
SECTION 7. Footnote (8) of Table 2 in Section 18.12.040 (Development Standards) of Chapter
18.12 (R-1 Single Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code
is amended to read as follows (deletions struck-through):
(8)Maximum House Size: The gross floor area of attached garages and attached 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.
SECTION 8. Chapter 18.28 (Special Purpose (PF, OS, and AC) Districts) of Title 18 (Zoning) of
the Palo Alto Municipal Code is amended to read as follows (additions underlined, deletions
struck-through, unchanged text omitted by bracketed ellipses):
[. . .]
18.28.040 Land Uses
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Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
[…] […] […] […] […]
Accessory Dwelling Units,
subject to regulations in
Section 18.42.040
P(2) P(2) P(2) 18.0942.040
Junior Accessory Dwelling
Units
P(2) P(2) P(2) 18.0942.040
[…] […] […] […] […]
[. . .]
(2) An Aaccessory dDwelling uUnit or a Junior Accessory Dwelling Unit associated with a
single-family or multi-family residence on a lot in the OS District is permitted, subject to
the provisions of Section Chapter 18.0942.040, and such that no more than two total
units result on the lot.
[…]
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a) Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the
regulations set forth in SectionChapter 18.0942.040.
[. . .]
18.28.100 Grandfathered Uses
In the OS district, accessory dwellings and guest cottages existing on April 28, 1986, and which
prior to that date were lawful, conforming permitted uses may remain as legal nonconforming
uses. Such uses shall be permitted to remodel, improve or replace site improvements on the
same site, without necessity to comply with site development regulations for continual use and
occupancy by the same use; provided that any such remodeling, improvement or replacement
shall not add a kitchen nor result in increased floor area, number of dwelling units, height,
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length or any other increase in the size of the improvement without complying with the
standards set forth in Section 18.28.070(a) and without applying for and receiving a conditional
use permit.
SECTION 9. Section 16.04.235 (Section 202 Definitions) is added to Chapter 16.04 (California
Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 &2 ) of Title 16
(Building Regulations) of the Palo Alto Municipal Code to read as follows (additions underlined,
bracketed ellipses indicate text of the California Building Code, 2022 Edition, that has been
adopted without amendment but is omitted for brevity):
Section 202 Definitions
[...]
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the
building under consideration, exclusive of vent shafts and courts, without deduction for
corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features.
The floor area of a building, or portion thereof, not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or floor above. The gross
floor area shall not include shafts with no openings or interior courts. For the purposes of Title
18 (Zoning), the definition of “gross floor area” in Section 18.04.030 shall apply.
FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as
corridors, stairways, ramps, toilet rooms, mechanical rooms and closets. For the purposes of
Title 18 (Zoning), the definition of “net floor area” in Section 18.04.030 shall apply.
[...]
SECTION 10. 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 affect the provisions of this Ordinance.
SECTION 11. 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 12. 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)(3), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
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Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. 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 13. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
MAY 12, 2025
JUNE 16, 2025
BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, VEENKER
STONE
Docusign Envelope ID: A2927191-7392-47A9-957A-42EEC074DD03
Certificate Of Completion
Envelope Id: A2927191-7392-47A9-957A-42EEC074DD03 Status: Completed
Subject: ORD 5656 ADUs and JADUs
Source Envelope:
Document Pages: 20 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 165.225.242.87
Record Tracking
Status: Original
6/25/2025 11:31:12 AM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
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Signer Events Signature Timestamp
Albert Yang
Albert.Yang@paloalto.gov
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Signed: 6/25/2025 2:22:43 PM
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Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
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Using IP Address: 199.33.32.254
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Signed: 6/25/2025 4:27:52 PM
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Ed Shikada
Ed.Shikada@paloalto.gov
Ed Shikada
City of Palo Alto
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Ed Lauing
Ed.Lauing@paloalto.gov
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Signed: 6/25/2025 9:50:48 PM
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Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
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Signature Adoption: Pre-selected Style
Using IP Address: 165.225.242.120
Sent: 6/25/2025 9:50:50 PM
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Signed: 7/3/2025 9:20:20 AM
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Envelope Summary Events Status Timestamps
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