HomeMy WebLinkAboutOrdinance 56591
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Ordinance No. 5659
Temporary Emergency Ordinance of the Council of the City of Palo Alto
Amending Title 18 (Zoning) of the Palo Alto Municipal Code and Title 21
(Subdivisions and Other Divisions of Land) to Implement SB 684 and SB 1123
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On October 11, 2023, the Governor of the State of California signed Senate Bill (SB) 684,
effective July 1, 2024. SB 684 requires a local agency to ministerially consider a parcel map
or a tentative and final map, as well as a housing development project proposing a
subdivision resulting in 10 or fewer residential units on lots meet certain minimum parcel
size and density requirement, where the lot to be subdivided is zoned for multifamily
residential development, as described in the bill.
B. On September 19, 2024, the Governor signed SB 1123, effective July 1, 2025. SB 1123
expands SB 684 to allow the same provisions to apply to sites zoned single family and
meeting other specific criteria.
C. SB 684 and SB 1123 create a 60-day timeframe approval or denial of a subdivision
application and housing development application under these regulations.
D. SB 684 and SB 1123 authorize cities to adopt an ordinance to implement their provisions.
E. There is insufficient time for consideration of and recommendation on the necessary
amendments to Title 18 by the Planning and Transportation Commission (PTC) prior to
action by the City Council. The Council therefore declares that a temporary ordinance,
pursuant to Palo Alto Municipal Code (PAMC) Section 18.80.090 is an appropriate measure,
pending consideration of a permanent ordinance by the PTC.
F. The City Council declares that this emergency ordinance is necessary as an emergency
measure to preserve the public, peace, health, or safety to provide guidance and clarity to
applicants, staff, and the public regarding the process and standards that will apply for
projects seeking to utilize SB 684 and SB 1123 and to ensure orderly and harmonious
development thereunder.
SECTION 2. Section 18.42.220 (Standards for Up to Ten Units Pursuant to Senate Bills
684 and 1123) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby added as follows:
18.42.220 Standards for Up to Ten Units Pursuant to Senate Bills 684 and 1123
(a) Purpose.
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This section sets forth regulations for housing development projects of up to ten units on a lot
that is subdivided pursuant to Government Code Section 66499.41 and Palo Alto Municipal Code
Chapter 21.11. This section implements Senate Bills 684 (2023) and 1123 (2024), as codified in
Government Code Section 65852.28, 65913.4.5, and 66499.41. In the event of a conflict between
the provisions of this section and the generally applicable regulations of the sites’ respective zone
district, or the regulations contained in Chapters 18.52-18.80, inclusive, the more permissive
provision shall prevail.
(b) Applicability.
This Section shall apply to parcels zoned for multi-family use and to vacant parcels zoned for
single-family use that meet the criteria set forth in Government Code Section 65852.28.
(c) Application Process.
(1)The Director is authorized to promulgate regulations, forms, and/or checklists setting forth
application requirements for the development of dwelling units under this section.
(2)The City shall ministerially approve or disapprove an application pursuant to this section.
(3)The Director of Planning shall consider and approve or deny an application for a proposed
housing development pursuant to this section within 60 days from the date the city receives
a completed application. If the director has not approved or denied the completed
application within 60 days, the application shall be deemed approved.
(4)If the director denies an application for a proposed housing development pursuant to this
section, the director shall, within 60 days of receipt of the completed application, return in
writing a full set of comments to the applicant with a list of items that are defective or
deficient and a description of how the applicant can remedy the application.
(d) Development Standards.
(1)A project proposing a small lot subdivision of up to 10 dwelling units on a parcel in any zone
district pursuant to California Government Code Section 65852.28 shall be subject to the
development standards set forth in the respective zone district, except as otherwise
provided herein.
(2)An applicant may request waiver of a development or design standard to the extent it
physically precludes development at a density of 30 dwelling units per acre, except that
maximum height may not be waived for a project proposed on a lot zoned single-family use.
(3)The average total area for the proposed housing units shall not exceed 1,750 net habitable
square feet, as defined in Government Code section 66499.41.
(4)The height of the proposed structure shall not exceed the height of the underlying zone
district.
(5)Setbacks from side and rear property lines, including street-side property lines, shall be no
less than four feet, except in the case of existing non-complying structures or structures
reconstructed in the same location and to the same dimensions as an existing structure, in
which case existing setbacks less than four feet may be maintained. No setback is required
from an internal lot line newly created pursuant to Chapter 21.11, for adjacent or connected
structures separated by the new lot line, provided that the structures meet building code
safety standards.
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(6) At least one parking space shall be required per unit except that no parking shall be required
when the parcel is located within: one-half mile walking distance of a high-quality transit
corridor or a major transit stop; or one block of a fixed location car share vehicle. Provided
parking shall meet the requirements set forth in 18.54 for parking design except that parking
may be covered or uncovered. Parking for accessory or junior accessory dwelling units shall
be provided in accordance with Chapter 18.09.
(7) Development under this code shall comply with the objective design standards set forth in
PAMC Chapter 18.24 or, for development not exceeding two stories, the applicant may elect
to comply with the objective design standards adopted by the City Council for two-story
development.
(8) For a housing development project consistency of three to seven units, inclusive, the floor
area ratio shall be no more than 1.0
(9) For a housing development project consisting of 8 to ten units, inclusive, the floor area ratio
shall be no more than 1.25.
(10) Up to one ADU or one JADU may be constructed on any resulting lot greater than or equal
to 2,400 square feet in size.
(11) The Director of Public Works may promulgate standards for adjacent public improvements,
such as curb cuts and sidewalks, in relation to development pursuant to this section.
(e) General Requirements.
(1) A maximum of 10 units, excluding accessory and junior accessory dwelling units, may be
constructed on no more than 10 parcels created by a small lot subdivision under 21.11.
(2) Projects developing more than two units shall comply with the citywide affordable housing
requirements as set forth in PAMC Section 16.65
(3) Each unit shall have a permanent street address.
SECTION 3. Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels)
of Title 21 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions
underlined and deletions struck-through):
21.11.010 Purpose.
This chapter implements California Government Code Section 66499.41 by establishing
regulations for the ministerial subdivision of a lot resulting in ten or fewer parcelsup to ten lots.
21.11.020 Applicability.
This chapter applies only to proposed subdivisions that meet all of the requirements of California
Government Code Section 66499.41. Depending on the number of parcels to be created, aA
tentative map and final map or preliminary parcel map and parcel map shall be required for all
subdivisions under this chapter., regardless of the number of parcels created.
21.11.030 Review.
Qualifying tentative map applications shall be reviewed and processed ministerially in accordance
with California Government Code Section 66499.41. Final maps and parcel maps shall be
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reviewed and processed in accordance with Chapter 21.16, except that a final map under this
section may be approved by the City Engineer and Director of Planning and Development
Services.
21.11.040 Objective Subdivision Standards.
The Director of Planning and Development Services may adopt administrative regulations to
create objective subdivision standards or clarify existing standards that apply to subdivisions
under this section.
21.11.040 General Requirements.
(a) The minimum size for a parcel created on a lot zoned for multi- family use is 600 square feet.
(b) The minimum size for a parcel created on a vacant lot zoned for single-family use is 1,200
square feet.
(c) Where existing dwelling units on the property are to remain, no lot line may be created
under this Chapter in a manner that would bisect any structure or that would result in any
existing dwelling unit being alienable separate from the title to any other existing dwelling
unit on the lot.
(e) Utility easements shall be shown on the parcel map, and recorded prior to, or concurrent
with map recordation.
(f) A covenant necessary for maintenance of stormwater treatment facilities shall be recorded
prior to, or concurrent with map recordation.
(g) Existing driveways to be demolished shall follow the procedure(s) in Section 12.08.090.
(e) A maintenance agreement shall be recorded to ensure shared maintenance of any shared
access easements, private streets, stormwater treatment, landscaping and private utilities,
prior to map recordation.
(f) Where Title 21 requires a private street as indicated in 21.20.240 based on the number of
lots to be created, the private street shall meet the requirements set forth for private
streets in this title. The area of the proposed private street easement shall be deducted
from the lot area, as detailed in 18.04.030(85).
21.11.050 Accessory Dwelling Units Prohibited.
Accessory dwelling units and junior accessory dwelling units shall not be permitted on lots
created pursuant to this section.
21.11.050 Application and Review of Streamlined Subdivisions Resulting in Ten or Fewer
Parcels.
(a) The director of planning is authorized to promulgate regulations, forms, and/or checklists
setting forth application requirements for a streamlined subdivision under this Chapter.
(b) All maps must be prepared by a registered civil engineer or licensed land surveyor in
accordance with Government Code sections 66444 – 66450 and this Chapter. Unless more
specific regulations are adopted by the director of planning, maps shall be in the form and
include all of the information required of a Preliminary Parcel Map or Tenative Map
by Chapter 21.12, as well as any additional information required of a Parcel or Final Map
by Chapter 21.16. In addition, the face of the Parcel Map or Final Map shall contain a
declaration that:
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(1) Each lot created by the map shall be used solely for residential dwellings.
(2) One Accessory or Junior Accessory Dwelling Unit may be permitted only on lots
greater than or equal to 2,400 square feet in size.
(3) A lot created under this Chapter shall not be further subdivided.
(c) Upon receipt of a application for a streamlined subdivision, the director of planning shall
transmit copies to the city engineer, chief building official, director of utilities, chief of police,
fire chief, director of transportation, and such other departments of the city, and any other
agencies, as may be required by law or deemed appropriate.
(d) The director of planning shall cause a notice of the pending application to be posted at the
site of the proposed streamlined subdivision and for notice to be mailed to owners and
residents of property within 600 feet of the property.
(e) The director of planning shall ministerially review and approve a preliminary parcel map or
tentative map application that meets all requirements of this Chapter. The director of
planning shall deny an application that does not meet any requirement of this Chapter.
(f) The director of planning shall consider and approve or deny an application for a streamlined
subdivision within 60 days from the date the City receives a completed application. If the
director has not approved or denied the completed application within 60 days, the application
shall be deemed approved.
(g) If the director denies an application for a streamlined subdivision, the director shall, within 60
days of receipt of the completed application, return in writing a full set of comments to the
applicant with a list of items that are defective or deficient and a description of how the
applicant can remedy the application.
(h) The Director of Planning shall determine the appropriate fee required for an application for
streamlined subdivision, which may be the fee currently established for a Preliminary Parcel
Map or Parcel Map.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that the Ordinance is statutorily exempt from the
California Environmental Quality Act (CEQA) pursuant California Government Code Sections
65852.28 and 66499.41.
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SECTION 6. This ordinance shall be effective immediately upon adoption by a four-
fifths vote of the City Council and shall expire on June 9, 2026, unless extended by the City
Council or superseded by replacement legislation.
INTRODUCED AND PASSED: JUNE 9, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney or Designee City Manager
Director of Planning and
Development Services
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Certificate Of Completion
Envelope Id: 74C03BE5-5B21-4303-8DAC-B59FC174D09A Status: Completed
Subject: ORD 5659 - Implement SB 684 and SB 1123
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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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
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7/1/2025 2:53:52 PM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
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Albert Yang
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Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Ed Lauing
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Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
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