HomeMy WebLinkAbout2020-05-27 Planning & transportation commission Agenda Packet_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the
time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided
that the non-speaking members agree not to speak individually.
2. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
3. The Chair may reduce the allowed time to speak to three minutes or less to accommodate a larger number of speakers.
Planning & Transportation Commission
Regular Meeting Agenda: May 27, 2020
Virtual Meeting
6:00 PM
https://zoom.us/join Meeting ID: 937 5511 7621 Phone number: 1 669 900 6833
****BY VIRTUAL TELECONFERENCE ONLY***
Pursuant to the provisions of California Governor’s Executive Order N-29-20,
issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be
held by virtual teleconference only, with no physical location. The meeting will be
broadcast live on Cable TV Channel 26 and Midpen Media Center at
https://midpenmedia.org/local-tv/watch-now/.
Members of the public may comment by sending an email to
planning.commission@cityofpaloalto.org or by attending the Zoom virtual
meeting to give live comments. Instructions for the Zoom meeting can be found
on the last page of this agenda.
Call to Order / Roll Call
Oral Communications
The public may speak on items not on the agenda. Each member of the public may address the Commission for up
to three (3) minutes per speaker.1,2,3
Agenda Changes, Additions, and Deletions
The Chair or Commission majority may modify the agenda order to improve meeting management.
City Official Reports
1. Directors Report, Meeting Schedule and Assignments.
Study Session
Public Comment is permitted. Each member of the public may address the Commission for up to five (5) minutes
per speaker.1,3
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the
time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided
that the non-speaking members agree not to speak individually.
2. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
3. The Chair may reduce the allowed time to speak to three minutes or less to accommodate a larger number of speakers.
2. Study Session to Review and Discuss the FY 20-21 Parking Work Plan Including Policy
Options for the Residential Preferential Parking Program.
Action Items
Public Comment is permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal.
All others: Up to five (5) minutes per speaker.1,3
3. PUBLIC HEARING/LEGISLATIVE: Recommendation on an Updated Ordinance
Regarding Accessory Dwelling Units: Amending Palo Alto Municipal Code Sections
16.58.030 (Development Impact Fees), and 18.04.030 (Definitions), and Deleting
Section 18.42.040 and Adding a New Chapter 18.09 (Accessory Dwelling Units and
Junior Accessory Dwelling Units). Environmental Assessment: Exempt From Review
Under the California Environmental Quality Act (CEQA) Pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Sections 15061(b)(3), 15282(h), 15301,
15302 and 15305. Note: Adoption of This Ordinance Would Repeal the Interim
Urgency Ordinance Council Adopted January 13, 2020 Which is Otherwise in Effect
Until January 31, 2021.
4. PUBLIC HEARING. Recommendation on an Ordinance Amending Palo Alto Municipal
Code Chapters 18.52 and 18.54 Adjusting Parking Stall Requirements to Facilitate
EVSE Installation, Parking Substitutions, Parking Lot Re-striping and Maintenance,
Compliance with Accessibility Requirements, State Law AB 1100, and Associated
Code Clean Up for Consistency with the Above Changes. Environmental Assessment:
Exempt pursuant to California Environmental Quality Act Guidelines Sections 15301,
15302, 15303, and 15061(b)(3). Zone District: Citywide. For More Information
Contact the Project Planner Samuel Gutierrez at samuel.gutierrez@cityofpaloalto.org
Approval of Minutes
Public Comment is Permitted. Three (3) minutes per speaker.1,3
5. April 29, 2020 Draft PTC Meeting Minutes
Committee Items
Commissioner Questions, Comments, Announcements or Future Agenda Items
Adjournment
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the
time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided
that the non-speaking members agree not to speak individually.
2. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
3. The Chair may reduce the allowed time to speak to three minutes or less to accommodate a larger number of speakers.
Palo Alto Planning & Transportation Commission
Commissioner Biographies, Present and Archived Agendas and Reports are available online:
http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are:
Chair Carolyn Templeton
Vice Chair Giselle Roohparvar
Commissioner Michael Alcheck
Commissioner Bart Hechtman
Commissioner Ed Lauing
Commissioner William Riggs
Commissioner Doria Summa
Get Informed and Be Engaged!
View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel
26.
Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org.
Material related to an item on this agenda submitted to the PTC after distribution of the
agenda packet is available for public inspection at the address above.
Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a
manner that is readily accessible to all. Persons with disabilities who require materials in an
appropriate alternative format or who require auxiliary aids to access City meetings, programs,
or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing
ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least
24 hours in advance of the meeting, program, or service.
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the
time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided
that the non-speaking members agree not to speak individually.
2. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
3. The Chair may reduce the allowed time to speak to three minutes or less to accommodate a larger number of speakers.
Public Comment Instructions
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to
planning.commission@CityofPaloAlto.org
2. Spoken public comments using a computer will be accepted through the
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appropriate meeting to access a Zoom-based meeting. Please read the following
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C. When you wish to speak on an agenda item, click on “raise hand”. The
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Meeting ID: 937 5511 7621 Phone number: 1 669 900 6833 (you may need to exclude the
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Planning & Transportation Commission
Staff Report (ID # 11365)
Report Type: City Official Reports Meeting Date: 5/27/2020
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: City Official Report
Title: Directors Report, Meeting Schedule and Assignments
From: Jonathan Lait
Recommendation
Staff recommends that the Planning and Transportation Commission (PTC) review and
comment as appropriate.
Background
This document includes the following items:
• PTC Meeting Schedule
• PTC Representative to City Council (Rotational Assignments)
• Tentative Future Agenda
Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org)
of any planned absences one month in advance, if possible, to ensure availability of a PTC
quorum.
PTC Representative to City Council is a rotational assignment where the designated
commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi-
judicial and legislative matters. Representatives are encouraged to review the City Council
agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their
respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are
available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards-
and-commissions/planning-and-transportation-commission.
The Tentative Future Agenda provides a summary of upcoming projects or discussion items.
Attachments:
• Attachment A: May 27, 2020 PTC Meeting Schedule and Assignments (DOCX)
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Planning & Transportation Commission
2020 Meeting Schedule & Assignments
2020 Schedule
Meeting Dates Time Location Status Planned Absences
1/08/2020 6:00 PM Council Chambers Cancelled
1/29/2020 6:00 PM Council Chambers Regular
2/12/2020 6:00 PM Council Chambers Regular Riggs
2/26/2020 6:00 PM Council Chambers Regular
3/11/2020 6:00 PM Council Chambers Cancelled
3/25/2020 6:00 PM Council Chambers Cancelled
4/8/2020 6:00 PM Council Chambers Cancelled
4/15/2020 6:00 PM Council Chambers Cancelled
4/29/2020 6:00 PM Virtual Meeting Regular Riggs
5/13/2020 6:00 PM Virtual Meeting Regular
5/27/2020 6:00 PM Virtual Meeting Regular
6/10/2020 6:00 PM Virtual Meeting Regular
6/24/2020 6:00 PM Virtual Meeting Regular
7/08/2020 6:00 PM Council Chambers Regular
7/29/2020 6:00 PM Council Chambers Regular Hechtman
8/12/2020 6:00 PM Council Chambers Regular
8/26/2020 6:00 PM Council Chambers Regular
9/9/2020 6:00 PM Council Chambers Regular
9/30/2020 6:00 PM Council Chambers Regular
10/14/2020 6:00 PM Council Chambers Regular
10/28/2020 6:00 PM Council Chambers Regular
11/11/2020 6:00 PM Council Chambers Cancelled Veteran’s Day
11/25/2020 6:00 PM Council Chambers Cancelled Day Before Thanksgiving
12/09/2020 6:00 PM Council Chambers Regular
12/30/2020 6:00 PM Council Chambers Cancelled Day Before New Year’s Eve
2020 Assignments - Council Representation (primary/backup)
January February March April May June
Doria Summa Billy Riggs Michael Alcheck Billy Riggs Ed Lauing Cari Templeton
Michael Alcheck Cari Templeton Ed Lauing Bart Hechtman Giselle Roohparvar Doria Summa
July August September October November December
Giselle Roohparvar Doria Summa Bart Hechtman Michael Alcheck Billy Riggs Ed Lauing
Bart Hechtman Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Giselle Roohparvar
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Planning & Transportation Commission
2020 Tentative Future Agenda
The Following Items are Tentative and Subject to Change:
Meeting Dates Topics
June 10, 2020 • Review of 2021-2025 Capital Improvement Plan and Comprehensive
Plan Compliance
• Inclusionary Below Market Rate (BMR) Policy Economic Feasibility
Analysis
To Be Scheduled:
Topics
Co-Working Office Model
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Planning & Transportation Commission
Staff Report (ID # 10873)
Report Type: Study Session Meeting Date: 5/27/2020
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: Parking Study Session
Title: Study Session to Review and Discuss the FY 20-21 Parking
Work Plan Including Policy Options for the Residential
Preferential Parking Program
From: Philip Kamhi
Recommendation:
Staff recommends that the Planning and Transportation Commission:
1. Review strategies for Parking Program financial viability in FY 21;
2. Discuss parking policy options related to Parking Work Plan items designated by City
Council for PTC feedback.
Background:
In line with City Council’s directive to budget for an estimated $39 million decrease in revenue
in FY 21, staff have prepared a fiscally constrained approach to parking management efforts.
This memo presents strategies considered by City Council for improving program cost recovery
relative to expected revenue declines in FY 21 (Attachment A) and reviews parking policy
options to be discussed by PTC as staff implement the Parking Work Plan.
Options for improving cost recovery in FY 21 include a suite of proposed and ongoing efforts to
improve the Residential Preferential Parking (RPP) program financial viability, reduce
administrative inefficiencies, and improve customer service systems. Key among these efforts
include adopting License Plate Recognition (LPR) enforcement tools and virtual permit
processes to automate data collection and administrative actions necessary to balance Parking
Program costs and revenues.
Assuming LPR and virtual permit processes adoption, staff anticipate continuing to make
progress on Parking Work Plan Items in FY 21, despite decreased funding. This assumes,
however, a minimum deployment of resources to keep existing programs running. Note that
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City of Palo Alto
Planning & Development Services Department Page 2
policies regarding parking availability and pricing also need to be established to move these
efforts forward.
Summary of Key Issues:
Taking steps to publicly establish and monitor parking occupancy and utilization data is key to
continuing to make progress on the City’s parking improvement goals. Public engagement with
parking utilization rates and community understanding of its impacts at different levels are
needed in order to fairly and equitably manage the availability of public parking.
Past studies of parking occupancy in Palo Alto RPP districts have demonstrated a wide range of
average daily parking occupancy rates, from 19% to more than 70%. Staff recommends
adopting a target range below which the RPP program focuses more on infrastructure tools,
such as signage, traffic calming treatments, to reduce administration. This could occur below a
minimum occupancy (65%, for example) or within a range (such as 50% to 70%). Staff
recommends only minimum efforts where occupancy is consistently below 50%.
Once parking availability standards are adopted, Parking Work Plan items related to employee
permit parking in RPP districts need to be considered. These include removing inconsistencies
between districts to simplify program requirements and administration, and adjusting pricing
levels to incentivize off-street garage and surface lot use for employees (long-term parking)
over RPP permit parking.
Discussion:
In May 2019, Council directed staff to move forward with the development of a Parking Work
Plan based on recommendations across three main categories: Parking Management, Parking
Supply, and Transportation Demand Management (Staff Report # 10247). Over time, these
efforts will increase the utility of parking resources for local stakeholders, residents, and
businesses, while reducing negative parking impacts related to increased congestion, traffic,
and/or inconvenience. These actions help residents, visitors, and employees move through Palo
Alto freely.
While the current Shelter in Place orders by the County are in effect, enforcement has been
paused, but will likely be reinstated as parking becomes impacted again. All nine Parking Work
Plan items designated by Council for follow-up by City staff and PTC require additional
community engagement before returning to City Council for final adoption.
See tables below for Work Plan item priorities for FY 21.
Staff and PTC Work Plan Items - Priority 1
Item Description Status / Update
27. Establish “Parking Availability
Standards”
Parking availability standards
should be established for the
Downtown, Evergreen Park-
LPR investment is needed to move
forward most quickly and cost
effectively with this effort.
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City of Palo Alto
Planning & Development Services Department Page 3
Mayfield, and Southgate
Residential Permit Parking
Districts considering the residents’
perceptions of the impact of
parking availability on their
quality of life. Changes in the
number of employee permits and
boundaries of existing RPP
districts should be deferred until
parking availability standards are
approved by the City Council.
Scheduled for January 2020.
Staff and PTC Work Plan Items - Priority 2
Item Description Status / Update
28. Establish Approach to Reduce
Employee Parking Permits
Develop an equivalent reduction
approach to reduce RPP employee
permits where the addition of
“employee spaces” in garages and
lots triggers the reduction of RPP
employee parking permits.
Complete schedule TBD.
31. Increase Cost of Employee
Parking Permits
Consider increasing the cost of an
RPP employee parking permit so
that it is greater than the cost of a
reserved space in a garage or lot,
in order to incentivize parkers to
choose off-street parking over on-
street parking.
Complete schedule TBD.
Staff and PTC Work Plan Items - Priority 3
Item Description Status / Update
29. Provide Automatic Renewal
for Employee Parking Permits
To avoid the mad dash to obtain a
permit at the twice-a-year sale
event, the City should consider
providing for the automatic
renewal of employee parking
permits and the ability of
applicants to be on a wait list.
In progress.
Complete schedule TBD.
30. Change Payment Schedule for
Employee Parking Permits
The six-month pay in advance
permit system should be replaced
with a monthly payment system
that would be more amendable
to the parker and provide greater
equity for employees whose
duration of employment is less
than six months.
In progress.
Complete schedule TBD.
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City of Palo Alto
Planning & Development Services Department Page 4
32. Standardize Cost of Employee
Parking Permits
The cost of employee parking
permits between the RPP districts
should be the same, unless there
are extenuating circumstances.
As of May 13, 2020, Council has
tentatively approved employee
parking permits in the RPP
districts for FY2021. The cost of a
six month employee parking
permit will be $415 and $310 in
both the Evergreen Park-Mayfield
and Southgate districts. These
fees will be adopted along with
the budget in June.
33. Change Payment Schedule
and Increase Cost of Reduced-
Price Parking Permits
The reduced-price parking permit
is designed to support low-
income employees (e.g. $50,000
or less annual income). When a
monthly payment system is
available, the cost of the permit
should be at least $15.00 per
month, which is less than $1 per
day for a full-time employee. This
amount is less than an outlay of
$50 for the current six-month
permit, and for some employees
may be preferable.
To be reviewed.
Complete schedule TBD.
34. Remove Inconsistences
Between Districts
Inconsistencies between
Residential Preferential Permit
Parking districts should be
eliminated, unless there are
extenuating circumstances. The
inconsistences include, but are
not necessarily limited to, the
number of resident permits, the
cost of resident permits, and the
number of single-day permits.
To be reviewed.
Complete schedule TBD.
35. Review Renewal Dates The renewal dates for residential
and employee permits should be
reviewed to determine the most
efficient schedule for the City to
administer that is still convenient
for users.
In progress.
Complete schedule TBD.
Resource Impact:
During the FY 21 budget process, staff has presented options to Council for balancing estimated
costs with estimated revenues. Further budget adjustments will be brought forward for Council
approval as necessary to address economic circumstances and programmatic changes.
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City of Palo Alto
Planning & Development Services Department Page 5
Timeline:
Staff is working to coordinate the implementation of parking management systems and efforts.
While many of the programs are currently in progress, policy modifications and resources will
impact the timeline and effectiveness of major program changes.
Stakeholder Engagement:
Staff currently plan to begin recommended and endorsed stakeholder engagement efforts with
a kickoff event in June 2020 unless other priorities prevail.
Environmental Review:
This item is not a project under the California Environmental Quality Act (CEQA).
Attachments:
• Attachment A - At Place Memo (PDF)
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ITEM 3
City of Palo Alto
MEMORANDUM
To: City Council
Date: May 13, 2020
SUBJECT: AGENDA ITEM #3: FY21 PROPOSED OPERATING BUDGET – OFFICE OF
TRANSPORTATION, RESIDENTIAL PREFERENTIAL PARKING PROGRAM (RPP) REVISIONS
Staff recommends that Council review and provide direction on the following changes to the Residential
Preferential Parking (RPP) program to improve program cost recovery and other programmatic
improvements.
The program modifications recommended in this report will support the RPP’s financial viability, resolve
administrative inefficiencies, and improve customer service. The estimated FY21 General Fund subsidy of
$185,000 that had been anticipated would not be needed and has already been returned to the General
Fund in staff report 11322, Attachment A. Many of the recommendations in this report have been planned
as long-term items to be addressed, but the economic impacts of the COVID-19 pandemic have pushed
staff to accelerate these improvements in order to achieve the financial and administrative efficiencies
more rapidly. Due to the condensed timeline of bringing forward these adjustments, the budgetary
impacts provided in this memo are preliminary; refined figures will be brought back to Council at the May
26, 2020 wrap-up and identified at budget adoption as appropriate. In addition to seeking Council
direction for the changes that improve program cost recovery, staff intends to bring detailed policy
modifications to the Planning and Transportation Commission (PTC) on May 27, 2020 and will bring further
policy and budgetary modifications to the City Council as appropriate to address PTC input.
To improve cost recovery staff will phase changes in enforcement and administration to allow for a switch
to License Plate Recognition (LPR), virtual permits, and administrative modifications to allow for cost
control without diminished service levels to the community. The first phase of adjustments (July-
December 2020) will be continued permit sales with minor adjustments (such as extended permit
expiration dates to allow all RPPs to move to the same renewal period) and scaled back enforcement, until
LPR and virtual permits are available, and other program adjustments are made. The scaled-back
enforcement will coincide with a period that is expected to have lower parking impacts due to continuing
social distancing, other responses to COVID-19, and economic impacts. This will allow for enforcement
contract savings during this time and provides staff the time and resources to take the steps necessary to
make other recommended adjustments noted in this memo. There are three different categories of
improvements that would lead to improved cost recovery:
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LPR Enforcement
Following the first phase, the RPPs would transition to LPR enforcement. LPR enforcement provides
greater enforcement coverage, lower costs, and increased citation revenues due to increased speed and
accuracy. There is a very high amount of possible cost-containment in transitioning to LPR enforcement,
as staff can scale it as necessary. Staff will coordinate maintenance of a reasonable level of on-ground
LPR enforcement, but this could be adjusted to be reactive enforcement (which in-turn reduces citation
revenue). When this returns to City Council for final contract approval it will also require consideration
of the City’s surveillance policy. LPR does require an initial, one-time purchase of approximately $100,000
in enforcement devices, which can be offset in the RPP Fund by the $555,000 in estimated contract cost
savings in FY 2021.
Citation Revenue
As described above, LPR enforcement is anticipated to increase citation due to the capacity for increased
coverage, speed, and precision of enforcement. Further, staff intends to modify the RPP signage (with an
overlay sticker) to include the muni-code, which allows for the enforcement of "No Re-Parking" will
significantly increase citation revenue. The estimated increase in citation/violation revenue due to
enforcing "No Re-Parking" regulation and LPR enforcement efficiencies in FY21 is $110,000.
Virtual Permits
Virtual permits are digital permits assigned by license plate rather than the physical printed stickers or
hangtags that currently are printed and then mailed or picked-up. Switching to virtual permits allows the
City to save money on printing and shipping and would allow the cancellation of the existing SP+
contract. The estimated contract savings through reduction in permit provider contract is $54,000 in
FY21.
Virtual permitting is not only a significant customer experience improvement, but it also allows for socially
distant transactions. It eliminates many of the difficulties that residents and businesses have had with the
permit purchasing process and allows for residents to easily switch vehicles/license plates from home.
This can also allow for permits to transfer vehicles or to purchase monthly, daily, annual permits quite
easily. An example where this could be helpful is if a resident has a child that is coming home for summer
from college or someone that is having someone come to do construction in their house. With this, it is
also recommended that there are no more free annual permits. Staff recommends that the Council
approve a set fee for every permit in the RPP program and would bring forward additional Municipal Fees
as appropriate. This policy would serve as a disincentive to parking on the street when off-street capacity
exists. Though the purpose of this recommendation is to maximize street parking capacity, even a nominal
fee would also generate significant additional revenue, supporting the RPP Fund’s solvency. As an
example, a $4-6 per month permit fee would equate to approximately $147,000 - 221,000 in new revenue
(based on FY 2019 counts of free annual permits provided to residents). Staff recommend that this policy
include an exception for residents that demonstrate that they have no off-street parking so they may still
receive a free annual permit.
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Other Recommended Program Modifications
At a policy level, RPP districts will be evaluated for continuation based on permit sales and occupancy
levels. As needed, programmatic or infrastructure tools (such as educational efforts and/or signage
changes) may be utilized in lieu of RPP measures to address parking related residential impacts. Releasing
or holding of employee permits sales, and pausing expansion into any new RPP districts, based on
demonstrated parking occupancy levels and need, will provide further avenues for cost savings. On the
administrative side, RPP program adjustments to control costs will include ongoing efforts to automate
renewal processes, remove inconsistencies across districts to streamline administrative efforts, and
review of other administrative protocols, such as renewal dates, for potential cost savings. These
modifications will be refined and discussed with PTC before being brought back to Council.
Philip Kamhi
Chief Transportation Official
Ed Shikada
City Manager
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Planning & Transportation Commission
Staff Report (ID # 11072)
Report Type: Action Items Meeting Date: 5/27/2020
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: ADU Ordinance PTC
Title: PUBLIC HEARING/LEGISLATIVE: Recommendation on an
Updated Ordinance Regarding Accessory Dwelling Units:
Amending Palo Alto Municipal Code Sections 16.58.030
(Development Impact Fees), and 18.04.030 (Definitions), and
Deleting Section 18.42.040 and Adding a New Chapter 18.09
(Accessory Dwelling Units and Junior Accessory Dwelling
Units). Environmental Assessment: Exempt From Review
Under the California Environmental Quality Act (CEQA)
Pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines Sections 15061(b)(3), 15282(h), 15301, 15302 and
15305. Note: Adoption of This Ordinance Would Repeal the
Interim Urgency Ordinance Council Adopted January 13, 2020
Which is Otherwise in Effect Until January 31, 2021.
From: Jonathan Lait
Recommendation
Staff recommends the Planning and Transportation Commission (PTC) take the following action:
1. Recommend the City Council adopt the attached Ordinance (Attachment A) amending
Palo Alto Municipal Code Titles 16 (Building) and 18 (Zoning) to amend regulations for
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
Report Summary
On January 1, 2020, California’s new ADU and JADU laws went into effect. The Palo Alto City
Council adopted the Interim Urgency Ordinance (Attachment B) on January 13, 2020 to ensure
compliance with the new laws. The Interim Ordinance, in effect through January 2021, was
intended to make minimal changes to the City’s existing ordinance pending development of a
more comprehensive update. The updated ordinance, which is the subject of this staff report,
simplifies and streamlines local ADU/JADU regulations, while also complying with state laws.
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The updated ordinance creates PAMC Chapter 18.09, providing development standards for all
types of ADUs and JADUs. The chapter replaces the ADU and JADU sections from Chapter 18.42.
The ordinance also includes amendments to PAMC Chapters 16.58 and 18.04, addressing
development impact fees and definitions, respectively. Updates to the definitions include
clarifications, such as what constitutes an ADU kitchen, and that a “complete independent
living unit” cannot have an interior passageway (e.g. hotel door) to another living unit.
Staff seeks the PTC’s input on areas where the ordinance could go further than strictly required
by state legislation to promote development of housing units. For example, the proposed
ordinance includes more permissive parking requirements in some cases. It also allows
construction of both a JADU and an ADU in more situations than provided for under state law.
In addition, the City could offer a flat square footage exemption for ADUs and JADUs, rather
than the context-dependent exemption currently proposed in the ordinance. The pros and
cons of this approach are presented in the discussion section of this report.
Background
The Planning and Development Services Department seeks to simplify and streamline the City’s
ADU regulations to increase the development of ADUs. The ordinance under the PTC’s
consideration constitutes one part of a multi-prong approach to streamlining. Additional
efforts include (1) creation of an ADU checklist for applicants, (2) developing a user-friendly
submittal guide for building professionals and homeowners, (3) consolidating ADU information
on the city’s webpage, and (4) developing an express review process for ADUs.
Additionally, City Council supported receipt of SB 2 grant funds to develop ADU prototypes and
application packages to facilitate expedited approvals. By developing packages that include pre-
approved drawings, applicants can show the design on their site plan and have the drawings as
attachments. This could help applicants to save on the costs for architect/designer services. The
options would need to be adaptable to the site constraints of each site, limit impacts to
adjacent properties, and be reviewed by the Historic Resources Board and Architectural Review
Board. This project will begin in earnest later this year.
ADUs provide much needed housing for Palo Altans and play a significant role in the City’s
efforts to meet its Regional Housing Needs Allocation targets. Over the last several years, the
number of ADUs permitted and constructed in Palo Alto has steadily increased. The upward
trend is documented in the most recent ADU quarterly report.1 For the past three years, the
data shows that detached ADUs are the most prevalent application type (108 filed in total),
followed by attached ADUs (48 filed in total). JADUs are a very distant third (2 filed).
The proposed ordinance may increase ADU development because the ordinance prioritizes
production, proposes additional incentives, and streamlines regulations. With the updated
1 https://bit.ly/3cHvwNr; additional reports for 2019 available: The 2019 2nd and 3rd quarter ADU informational
report is viewable at this link: https://bit.ly/2XWgjTZ.
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ordinance, staff anticipates interest in building attached units and JADUs may increase. Staff
will continue tracking production and include the data in the quarterly reports to Council.
Staff expect ADU development will be advanced further in the upcoming Housing Element
update. AB 671 requires that Housing Elements incentivize and promote the creation of ADUs
at all income levels. As the City prepares to develop and adopt an updated Housing Element
(must be adopted by January 2023), ADUs will play a large role.
Likewise, the State of California continues to propose legislation to promote ADU production. In
October 2019, Governor Newsom signed several bills related to ADUs and JADUs (AB 68, AB
881, SB 13). These new laws became effective on January 1, 2020, and invalidated local
ordinances that did not comply with the new standards. For expediency, on January 13, 2020,
the Council adopted an Interim Urgency Ordinance2, incorporating state laws to the minimum
extent necessary. The Interim Urgency ordinance is effective until January 31, 2021 or until an
updated, ‘permanent’ ordinance is prepared, reviewed and adopted.
The new state laws, found in Government Code section 65852.2 (Attachment F), require:
o One detached ADU and one JADU are permitted by right on a single-family lot, subject to
certain constraints.
o ADUs are allowed by right in multi-family and mixed-use zones. Up to two detached ADUs,
plus conversion of uninhabited spaces for multiple ADUs (up to 25% of units in multifamily
buildings).
o There is no minimum lot size for ADUs.
o A zero setback is allowed if converting an existing structure at property line.
o Maximum four-foot interior side and rear setbacks for newly constructed ADUs.
o Lot coverage, floor area ratios (FARs) or open space requirements must allow at least an
800 sf ADU.
o Minimum 16 ft. height allowed.
o Cannot set maximum square footage less than 850 for one-bedroom ADU, or 1,000 sf for
two+ bedrooms.
o JADUs are no longer limited to smaller kitchen appliances and sewer connections.
o 60-day permit processing timeline.
o No replacement parking is required for garage conversions to ADU.
o No impact fees on ADUs less than 750 sf; if larger, impact fees to be proportional to main
house.
o 5-year moratorium on local owner-occupancy restrictions until 1/1/25.
2 The Interim Ordinance https://www.cityofpaloalto.org/civicax/filebank/documents/75357. The original staff
report citing ADU/JADU-related bills, is here: https://www.cityofpaloalto.org/civicax/filebank/documents/74731.
The at-places memo and the urgency ordinance Council unanimously adopted is viewable here:
https://www.cityofpaloalto.org/civicax/filebank/documents/74864. Council action minutes are viewable here:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=58940.61&BlobID=74845
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o Owners may request a 5-year stay of building code enforcement available on unpermitted
ADUs if they meet health and safety standards.
o ADUs count towards achieving a jurisdiction’s Regional Housing Needs Allocation (RHNA).
o No short-term rentals of ADUs or JADUs.
Discussion
The proposed ordinance simplifies the code and encourages ADU/JADU development. The
proposed ordinance also addresses concerns expressed by applicants and members of the
public stating that the new laws are very difficult to comprehend.
Ordinance Structure
The ordinance is divided into two primary sections. The first, proposed section 18.09.030,
provides regulations governing ADUs and JADUs that must be approved under state law and to
which the City cannot apply additional standards. The second, proposed section 18.09.040,
applies to all ADUs that do not fit into the categories set forth in section 18.09.030. For these
ADUs, the City can apply local regulations like daylight plane, tree preservation, and privacy.
While many property owners may choose the path prescribed by state law, some may want to
deviate from those choices to add additional space or achieve some other flexibility.
Topic Areas
The following section describes the changes in more detail, breaking down the ordinance by
five topic areas. These are areas where the proposed ordinance goes beyond the state law in
order to promote ADUs/JADUs.
1. Allowing Attached or Detached ADUs to be Combined with a JADU
Currently, Government Code section 65852.2(e)(1)(B) states that cities must allow a single-
family lot to develop one detached ADU up to 800 square feet, as well as one JADU of up to 500
feet. The City’s proposed ordinance allows the development of JADUs that coincide with the
development of attached ADUs as well as detached ADUs, regardless of the size of the ADU.
Whether the unit is detached from the primary house or not, the same amount of floor area
could be present on the property. Establishing a barrier based on whether or not the unit is
detached in order to qualify to also build a JADU seems unnecessarily restrictive and prohibitive
of unit development. While there is an argument to be made about separating the structures to
limit the collected building’s footprint, the proposed ordinance maintains that each unit have
separate entrances. Additionally, only JADUs can have an interior entrance to a primary unit;
therefore, concerns about allowing a house to grow without providing additional housing units
are mitigated.
One downside of allowing an attached ADU to be combined with a JADU is that the size of
homes could become larger, with greater massing and without a clear delineation of primary
unit and secondary units. Yet, staff supports allowing homeowners the option to build either an
attached or detached unit and a JADU, and not be limited to only detached ADUs.
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2. Privacy and Two-Story ADUs
The City has historically permitted two story ADUs in only the RE and OS zones. Now that state
law requires approval of certain ADUs, without the application of local regulations, there are
additional avenues to create a two-story ADU. Previously, existing two-story structures could be
converted into an ADU, even if they resulted in an ADU taller than 16 feet. Now, if a new
attached ADU that’s less than 800 sq. ft. is constructed as part of a newly built home, it must be
approved if it follows the zoning development standards of that home, including additional
height that would be able to support a two-story unit. Finally, if an ADU were created in an
existing portion of a two-story home, it could be located on the second floor or span from the
ground floor to the upper floor, provided it maintained exterior access and had no internal
connection between the units.
It is important to note new construction of full two-story, detached units is not likely feasible
within a 16-foot height limit. The Chief Building Official has indicated that new residential
structures are typically built about six inches off the ground, and that all habitable rooms shall
have a minimum seven-foot floor-to-ceiling clearance. A floor/ceiling and ceiling/roof assembly,
separately, can range from between 10 to 16 inches, possibly creating a total height between
16 feet-2 inches and 17 feet-2 inches. This estimated height would be above the 16-foot height
the City is required to approve under state law. Nevertheless, constructing such units is
certainly of interest.
While the privacy impacts of these units may be cause for concern for neighbors of such units,
the City of Palo Alto is unable to impose privacy requirements for units that must be approved
under state law. In addition, the City would not be able to prevent ADUs that follow the state
requirements from having a loft space, which was previously not allowed. Instead, the
proposed ordinance clarifies that such loft space counts as floor area for an ADU.
The proposed ordinance would also allow loft space in units for which approval is not mandated
under state law. To minimize potential privacy concerns, the draft ordinance includes
regulations (see section 18.09.040) to limit privacy impacts from units that do not fall into the
categories of ADUs “required to be approved” under state law. The proposed restrictions are as
follows:
1) units must offset windows to be out of line with an adjacent property’s windows,
2) all windows facing an adjoining property must utilize obscured glazing, and
3) any non-egress window facing an adjoining property must have a minimum five-foot
sill height.
These policies are proven techniques for privacy protection drawn from the Individual Review
Guidelines. These would also be easy to implement and support the state requirement that all
ADUs be reviewed ministerially.
3. Parking and JADUs
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A major reason ADU applications increased following the Council adoption of ADU regulations
in 2017 was the relaxation of parking space requirements. State law enabled ADUs and JADUs
to be developed without additional parking space requirements beyond the primary units’
requirements. The law stipulated these units were to be located within proximity to well served
transit. As an enhancement, City Council adopted a rule that any garage that was converted to
an ADU did not require replacement of the displaced garage spaces with covered parking
spaces. Instead, the adopted code allowed these spaces to be provided as uncovered spaces
and to be located within the front yard setback (which is not currently allowed for new homes).
This change greatly expanded what homeowners could do and removed major barriers to ADU
construction. This change resulted in garage conversions as the most common ADU application
proposed.
Parking requirements for JADUs however, were not changed nor was a parking replacement
opportunity allowed. Previously, JADUs were only allowed to be conversions of an existing
bedroom. Now, State law enables homeowners to build a JADU and an ADU within a brand-new
home. Therefore, the interpretation that a JADU is only a converted bedroom is inconsistent. As
such, the draft ordinance allows for a JADU conversion of a portion or all, of an existing garage
that is attached to an existing home. The covered parking spaces displaced by the JADU would
be required to be replaced on site as uncovered parking spaces. The replacement parking
spaces could be placed within the required front or street side yards of a property. In the end,
residents can choose whether they want to convert the garage to an ADU or JADU. Allowing
garages to convert into JADUs creates an incentive and is of great interest to residents. By
removing this barrier to housing unit production, staff believes there will be additional interest
and investment in the creation of JADUs.
It is important to recognize the negative impacts this approach to increasing dwelling units
could have on the community. Staff has heard concerns from residents that the new local and
State regulations may increase vehicle traffic and the presence of vehicles parked on public
streets in residential neighborhoods. With the opportunity for three separate housing units on
a single-family zoned property, more individuals will be living on a site and each may own a car.
While this is also a concern to staff, individually, these units do not have parking requirements
as dictated by the State. By allowing JADUs to benefit from the conversion allowances
previously afforded to ADUs, the ordinance may increase the likelihood of additional vehicles
present in a neighborhood. However, maintaining uncovered, on-site parking would help
alleviate this issue, as staff frequently hears from homeowners that they do not use their
garage to house vehicles. ADUs no longer have a replacement parking requirement per the
recent State laws, so if a homeowner chose to proceed with an ADU instead, the City would be
losing additional opportunities to require parking be maintained on the site.
4. Noise Producing Equipment
Currently, the Palo Alto Municipal Code prohibits noise producing equipment within the
standard property setbacks. The draft ordinance proposes allowing noise producing equipment
for all units to follow their respective setback requirements. This would remove one of the
barriers homeowners face when designing an ADU. This change will reduce some of the site
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planning challenges homeowners face. The City will still have mechanisms in place to protect
neighbors from excessive noise.
Under current regulations, noise producing equipment would need to be placed outside of the
minimum setbacks for the property. Minimum R-1 setbacks range from six feet to eight feet for
interior side setbacks, 16 feet for a street side setback, and 20 feet or more (notwithstanding
special setbacks) for front and rear setbacks. This contrasts with the minimum setback of four
feet allowed by State law for ADUs. The public has criticized the restrictiveness of this noise-
producing equipment location regulation, because it can lead to sub-optimal locations that
result in more ducting and, thus, more cost.
Updating the location requirements for noise-producing equipment will not diminish the
protection neighbors have from excessive noise as other means can mitigate noise levels. First,
newer technology has resulted in quieter equipment. For example, commonly proposed mini-
split AC systems used on detached structures have a decibel range between 45 and 60 decibels
(dBs). Second, for louder equipment, many manufacturers can provide sound blankets, which
typically reduce the decibel rating five or more decibels. Finally, regardless of these changes,
the noise ordinance still requires that ambient noise in residential neighborhoods not exceed
66 dBs at the property line, so it is in the interest of an ADU owner to use quiet, well-placed
equipment. Furthermore, the City can require homeowners to utilize a sound blanket or use
quieter, new equipment where feasible.
5. Removing the Deed Restriction Process for ADUs
The proposed ordinance eliminates the requirement of recording deed restrictions for ADUs.
Previously, these included: (1) the owner may not rent the property for less than 30 days, (2)
the owner may not sell the properties separately, and (3) the owner had to occupy the
property. The proposed ordinance instead relies simply on codified requirements for the rental
and sale of an ADU; state law no longer allows an owner occupancy requirement. The
elimination of the deed restriction removes a lengthy recordation process and streamlines the
ADU approval process. Note that deed restrictions are still required for JADUs, in compliance
with the State laws.
Code Enforcement staff can, using the code, address any issue related to a homeowner not
following these rental or sale requirements. Deed restrictions do offer more clarity to future
property owners regarding the restrictions placed on ADUs. Staff believe, however, that both
disclosure during the property acquisition process and due diligence on a homeowner’s part
will keep all parties informed.
Potential Additional Regulations
The following potential additional regulations are not included in the draft ordinance. Staff
discussed these but were interested in the PTC’s thoughts as to whether or not they should be
added.
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1. Providing a Uniform Exemption of ADU Square Footage from FAR, Lot Coverage, and
Maximum House Size
Under State rules, the City must allow floor area over a property’s maximum allowable floor
area (calculated with respect to site area as a Floor Area Ratio (FAR) maximum) to the extent
necessary to construct an 800 sq. ft. ADU. This requirement was incorporated into both the
Interim Ordinance and the proposed ordinance without modification. Thus, properties would
be entitled to different amounts of exempt ADU square footage depending on the amount of
FAR available for the property after accounting for the primary residence.
This can be illustrated by imagining a 6,000 square foot R-1 lot, which would allow up to 2,550
sq. ft. of floor area. A homeowner with a 2,000 square foot primary residence on this property
would be entitled to exempt up to 250 square feet of an 800 square foot ADU. If the primary
residence were 2,550 square feet, the property owner would be entitled exempt all 800 square
feet of the ADU. Finally, if the primary residence were less than 1,750 square feet, ADU floor
area exemption would not be required or provided.
This creates an incentive for a property owner to build to the maximum FAR for the primary
residence before applying for an ADU. This could have the effect of encouraging tear-down
remodels. Ultimately, a determined property owner could maximize the square footage on a
property by simply splitting the construction of a primary residence and an ADU into two
separate projects. This approach to ADU square footage also makes it more difficult to
construct an ADU over 800 sq. ft, as the entire square footage of the ADU would need to be
accommodated within allowable FAR without any exemption.
To avoid these effects and to encourage ADU production, the City could provide a uniform
“bonus” for ADUs: only square footage above 800 sq. ft. would count towards the floor area
maximum (FAR, lot coverage, or maximum house size). This approach could make it easier for
the public to understand how these limits can impact what is allowed and make it easier for
staff to implement. It also would remove a potential incentive to demolish an existing residence
to max out FAR before building an ADU. Finally, this approach would allow a property owner
seeking to build a larger ADU to do so if there is additional FAR available for the site.
A uniform approach to exempting ADU square footage would make it marginally easier to
maximize the size of both a primary residence and an ADU by eliminating the two-step process.
It is unclear to what extent this would impact the ultimate development of properties,
however.
2. Providing a 500 Square Foot Floor Area Exemption for JADUs
State law does not create any specific floor area allowances for JADUs. In 2017/2018, the City
updated its regulations to allow for bonus floor area for ADUs and JADUs (220 sq. ft. and 50 sq.
ft. bonus floor area for ADUs and JADUs, respectively). While these changes greatly helped to
spur the development of ADUs, JADU development is slow to start. As noted, the City has only
received two applications to create JADUs.
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The updated ordinance could include an allowance for JADUs to exempt up to 500 sq. ft. of
floor area similar to the exemption for ADU floor area. For homeowners seeking to create both
an ADU and JADU, staff would propose limiting the total exemption by requiring the 800 sq. ft
provided by the state to be shared between the ADU and JADU. In this manner, a combination
of square footage could be attributed to both units, but it would not limit someone from
utilizing all of it to be build an 800 sq. ft. ADU. Conversely, if there were not enough square
footage left over to build a JADU, then the applicant would resort to doing a garage conversion
or “cannibalize” parts of their primary residence. Overall, staff believes that this would provide
residents the opportunity to build both an ADU and JADU without having to “cannibalize” the
primary home’s allowable floor area.
3. Treatment of Secondary Street Frontages
Several provisions of the new state ADU laws provide that cities cannot impose “side and rear”
setbacks of more than four feet for ADUs. To date, the City has interpreted this requirement to
refer to interior side and rear lot lines only. In other words, secondary street frontages or
“street-side” lot lines are still subject to the setbacks provided in the underlying zoning
(generally 16 feet).
Staff has learned, informally, that the State Department of Housing and Community
Development (HCD) interprets the four-foot setback rule to apply to secondary street frontages
as well as interior side and rear lot lines. Staff believe this is not the best reading of the statute.
The terms “side setback” and “rear setback” are not defined in state law; these are primarily
creatures of local zoning ordinances. While many jurisdictions refer to a secondary street
frontage as a “street-side” yard, others call this a secondary front yard and consider corner lots
to have two front yards. Given this variation at the local level, the ADU statute’s reference to
side and rear setbacks is best applied only to interior setbacks. In addition, there are important
policy reasons for increased setbacks on street frontages, including maintaining visibility for
safety.
HCD’s position on this issue is significant because the department is charged with reviewing all
local ADU regulations for compliance with the state law. If HCD finds that a local ordinance is
out of compliance, a local agency has 30 days to respond by either amending its ordinance or
adopting findings to explain why it believes the ordinance does in fact comply with state law,
despite HCD’s contrary opinion. If an agency chooses to adopt such findings, the ultimate
question of compliance with state law would likely be resolved by a court.
If the City wished to defer to HCD’s interpretation of the setback issue, there are still some
policy options to encourage increased setbacks for secondary street frontages.
Regulations Not Proposed
The three topics below represent items staff considered but rejected for inclusion in the
updated ordinance, for reasons as described:
1. Doorways Between an ADU and the Primary Unit
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The Purpose section of the 2017 and 2018 ADU ordinances cited ADUs as designed to be
separate, self-sustaining units able to function independently from the primary unit. One of the
meanings staff intended was that ADUs and primary units would not have a passageway
between them, since this would defeat the purpose of units being independent. Some
members of the public and survey respondents have expressed interest in having a relative live
in the units and have asked to provide a doorway between attached ADUs. While it is easy to
understand the practical, emotional, or otherwise normal reasoning for wanting a passageway
between the units for a relative, staff has reservations about allowing this to occur.
First, the State explicitly allows JADUs to have shared openings. Likewise, the existing and
proposed ordinance establish this opportunity. The JADU provides property owners the option
of creating a true independent unit in which a relative might live. The JADU can accommodate
the growing trend of intergenerational households. As noted, there were no incentives to
trigger enough interest in JADU development previously. With the increase in incentives for
JADUs, staff believes that this will help to address the concerns of residents seeking to house
family. If the City allows doorways, the City would be going beyond what the State allowed for
JADUs and seemingly left unchanged for attached ADUs. At that point, there would be minimal
differences between an ADU or a JADU.
Second, staff has concerns that allowing a passageway or opening would diminish the
underlying policy goal of ADUs: to create more housing units. By allowing a connection between
dwelling units, homeowners could more easily use the ADU as additional square footage for the
primary home. Clearly, lack of a door will not force a homeowner to rent an ADU, but it does
discourage such actions. Without a tracking program in place to after a unit has received a final
occupancy permit the City cannot verify if attached ADUs are operating as intended.
Lastly, staff is concerned the passageway could diminish quality of life for tenants who are not
relatives of the homeowners. Living in a unit with a passageway to the primary unit can create
an uncomfortable atmosphere. Tenants may feel as though their place of residence can be
accessed by others at any point without their consent. Without a door, there is a more
permanent sense of separation from the primary unit. A greater sense of place, security, and
comfort are important for tenants.
2. Increasing the Exemption for Development Impact Fees
The cost to build an ADU in Palo Alto increases each year. Whether its building permit fees,
architect fees, or contractor fees, property owners consistently decry the cost to build anything
in Palo Alto. Previously, Development Impact (DI) fees were charged for ADUs; roughly $7,000
and $12,000 for a new ADU, depending on the whether the property was within any traffic
impact districts. In 2018, Palo Alto updated its ADU ordinance to enable JADUs and garage
conversions that did not expand the square footage of the unit to be exempt from DI fees. This
captured a fair amount of application types.
The State’s 2020 laws exempt ADUs having less than 750 sq. ft. of floor area from having to pay
DI fees. For units greater than 750 sq. ft., the DI fees charged must be proportional in size to the
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main house. The survey group indicated interest in increasing exemptions beyond 750 sq. ft.
Overall, from the City’s Quarterly reports, the average unit size tends to be 446 square feet so
increasing the exemption will not affect a substantial amount of applications that the City
receives. While increasing the exemption for ADUs to include units of any size is an option, it is
worth recognizing DI fees pay for the increased use of Parks, Community Centers, Libraries,
Public Safety, and General Government services that would come with an increase in
population caused by the construction of additional units. By eliminating DI fees for units over
750 sq. ft. as well, the City would be losing revenue.
3. The Flood Zone, Screening, and Grading and Drainage
Several of the survey respondents requested to remove flood zone screening and grading and
drainage requirements. Public Works staff have oversight projects located within the flood zone
and are otherwise involved in reviews related to grading and drainage. Flood zone screening is
a requirement of the Federal Emergency Management Agency (FEMA) and cannot be
eliminated or waived for properties located within a flood zone. Public Works maintains its
grading and drainage program so that buildings, especially detached ADUs located closer to a
property line, will not send stormwater drainage onto and adversely impact a neighbor’s
property. The updated ordinance does not include changes to any of these requirements.
Currently, single family residences located in a flood zone can benefit from added height.
Sections 18.10 and 18.12 both allow for the maximum heights of the primary residence to be
increased by one half the amount required to meet a property’s base flood elevation (BFE). This
allowance, however, is not afforded to accessory buildings which are limited to a maximum
height of 12 feet when located within a setback. Given that the state allows detached ADUs to
be 16 feet tall, four feet away from the property line, staff is concerned that providing the same
opportunity for increased height for units in the flood zone will result in structures that have a
greater massing impact on adjacent neighbors. The building code allows for units to have a
minimum head height clearance of seven feet, so staff feels confident that this will not prohibit
properties in a flood zone from building an ADU.
Regulations Not Fully Analyzed
It is worth noting that there are three additional issues staff did not take up for consideration to
include in the draft updated ordinance. The PTC may wish to provide input if the
Commissioners believe there are benefits to adding these three topics to the discussion: for
inclusion in the updated ordinance or a future ordinance:
i. Allow two-story ADUs,
ii. Enable basements at a four-foot setback for accessory/junior dwelling units,
iii. Change the City’s Green Building program for second units.
i. Two-Story ADUs
Staff suspects the community would be unsupportive if the City were to propose new two-
story, detached accessory dwelling units in the backyards of single-family homes. Similarly, the
community may express concerns if the City were to propose allowing second floor dwelling
units to be constructed above detached garages. While it may provide some flexibility for unit
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placement on a site plan, a two-story detached ADU has greater potential to impact privacy
than a one-story detached ADU. The PTC may wish to consider allowing two-story, detached
ADUs, by modifying the ordinance to enable greater height above 16 feet for units under 800
sq. ft. or remove the distinctions for units above and below the 800 sq. ft. floor area threshold.
ii. Basements
Another alternative not considered for inclusion in the updated ordinance was allowing
basements under detached second units located within the rear and side setbacks. Currently,
accessory buildings are only allowed to have a basement when they are located outside of the
minimum side and rear property setbacks. By allowing basements under detached units near
property lines, subterranean structures could adversely impact neighbor’s trees near the
property line. From a process standpoint, there would be little change required from Building,
Planning, or Public Works to enable such basements. Light wells for basements are not allowed
to be closer than the four-foot setback of a detached ADU. However, Public Works explains that
it is very time-consuming and expensive to review and build a home basement; adding an ADU
basement into the mix would raise the price for the homeowner. However, outside of the
Planning department’s regulations, other regulations would not prohibit this option.
Yet, residents are generally concerned about the impact to the ground water level due to
basement construction under homes. Adding the option for ADUs to create basements near
property lines would exacerbate these concerns. Public Works’ dewatering regulations strive to
address those concerns; limitations are in place to dictate when that work can occur and how it
can be mitigated. Staff believes that these regulations appropriately address the impacts of
dewatering on a property and its surrounding neighbors. In response to the issues highlighted
for two-story ADUs, this could additionally support those residents who are looking to add
more space to their units while limiting the above-ground impacts to neighbors. If PTC wishes
to consider adding this option, clarification would be needed. Clarification such as basements
could be only be allowed under a detached ADU under the following conditions:
• the basement does not encroach into the four-foot detached ADU setback, and
• lightwells for the basement are not located closer than four-feet to a side or rear
property line.
iii. Green Building Requirements
Several of the survey respondents indicated their concerns with the Green Building (GB)
requirements for new ADUs. The respondents’ concerns were that requiring a new ADU to
comply with Tier 2 GB requirements is very costly, complex, and time consuming, and that this
requirement has led to many challenges on their projects. Their suggestion was to reduce the
GB requirement to mandatory only (State Minimum). Staff is considering this proposal.
Currently, ADUs are not subject to the 2019 Energy Reach Code requirements. During the
adoption of the 2019 Energy Reach Code council directed staff to consider developing an All
Electric provision for Detached ADU’s and bring forth a proposal by the end of 2020. This work
will occur later this year and include a consideration of ADUs.
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Environmental Review
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), 15301, 15302 and 15305 because it
constitutes minor adjustments to the City’s zoning ordinance to implement State law
requirements related to accessory dwelling units as established in Government Code Section
65852.2, and these changes are also likely to result in few additional dwelling units dispersed
throughout the City. 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.
Public Notification, Outreach & Comments
In February 2020, staff reached out to a list of 15 individuals, including local architects and
other frequent Development Center applicants, with a 10-question survey. The ten questions
related to ADUs, development constraints, and suggestions for changes to the City’s
requirements/review process. The list of survey questions and responses is Attachment C to
this report. Additionally, other City staff members who commonly review ADU applications
reviewed the draft attached ordinance, prior to staff’s finalization of this staff report. The
survey and staff responses are discussed in the Discussion section of this report. A summary of
the issues and staff responses to them is in Attachment D.
Staff attended a community meeting on ADUs May 19, 2020, presented slides regarding how
Palo Alto had implemented the new State laws, and answered questions. The meeting was held
via Zoom sponsored by Palo Alto Forward with multiple panelists. Staff’s presentation during
the community meeting is attached to this report (Attachment E). During the PTC meeting, staff
will provide a summary of the community meeting and the questions raised by meeting
attendees.
Next Steps
Council will receive the proposed ordinance for consideration. The Council will consider the
PTC’s comments on the ordinance and any recommendations the PTC may provide to enhance
the City’s streamlining goals or recommendations of additional incentives to increase ADU
production.
Alternative Actions
In addition to the recommended action, the Planning and Transportation Commission may:
1. Provide direction to make further modifications to the ordinance prior to Council
consideration, or
2. Continue the hearing to a date certain to enable staff to perform additional study, prior
to returning to the PTC in the fall.
Report Author & Contact Information PTC3 Liaison & Contact Information
3 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org
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City of Palo Alto
Planning & Development Services Department Page 14
Garrett Sauls, Associate Planner Rachael Tanner, Assistant Director
(650) 329-2471 (650) 329-2167
Garrett.Sauls@CityofPaloAlto.org Rachael.Tanner@cityofpaloalto.org
Attachments:
• Attachment A: Proposed ADU Ordinance (DOCX)
• Attachment B: Interim Urgency Ordinance January 2020 (Ordinance #5489) (PDF)
• Attachment C: Ten Survey Questions and Responses (February, 2020) (DOCX)
• Attachment D: More Outreach Information (DOCX)
• Attachment E: Community Meeting May 19 2020 (PDF)
• Attachment F: Government Code Section 65852.2. Accessory Dwelling Units (PDF)
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending 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. The City Council finds and declares as follows:
A. Housing in California is increasingly unaffordable. In 2017, the average California home
cost about 2.5 times the national average home price and the monthly rent was 50%
higher than the rest of the nation. Rents in San Francisco, San Jose, Oakland, and Los
Angeles are among the top 10 most unaffordable in the nation.
B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home currently costs
about 8 times the national average home price and the monthly rent is about 2.5 times the
national average.
C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City must
not only provide housing but also ensure affordability.
D. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 (“State ADU Law”)
pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”)
and were approved by the California Legislature on September 13, 2019 and signed by the
Governor on October 9, 2019. These bills, codified primarily in California Government Code
sections 65952.2 and 65952.22, are intended to spur the creation of lower cost housing by
easing regulatory barriers to the creation of ADUs and JADUs.
E. This ordinance is adopted to comply with the mandates of the State ADU Law.
SECTION 2. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is deleted in
its entirety.
SECTION 3. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18
(Zoning) of the Palo Alto Municipal Code (“PAMC”) is added to read:
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
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The establishment of an accessory dwelling unit is permitted in zoning districts when single-
family or multi-family residential is a permitted land use.
18.09.030 Units Approved Notwithstanding Other Local Regulations
(a) Government Code section 65852.2, subdivision (e) provides that certain units shall be
approved notwithstanding other 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 65852.2, subdivision (e), the
Government Code shall prevail.
i. An ADU or JADU within the existing space of a single-family dwelling or an ADU
within the existing space of an accessory structure (i.e. conversion).
ii. An ADU or 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.
iv. ADUs created by conversion of portions of existing multi-family dwellings not used
as livable space.
v. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units required to be approved pursuant to Government
Code Section 65852.2, subdivision (e) are summarized in Table 1.
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Table 1: Units Required to Be Approved Under State Law
Single-Family Multi-Family
Conversion of
Space Within
an Existing
Single-Family
Home or
Accessory
Structure
Construction
of Attached
ADU Within
the Space of a
Proposed
Single-Family
Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family
Dwelling
Structure
Conversion or
Construction
of Detached
ADU
Number of
Units Allowed1 1 (ADU or JADU) 1
25% of the
existing units
(at least one)
2
Minimum size2 150 sf
Maximum size2 N/A3 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 space
of Single-
Family Home)
4 feet from
interior lot
lines; meet
underlying
zone standard
for street
setbacks
N/A
4 feet from
interior yard
lot lines; meet
underlying
zone standard
for street
setbacks
Daylight Plane N/A N/A
Maximum
Height N/A 164 N/A 164
Parking None
State Law
Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D)
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or
proposed single family home.
(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) Up to 150 sf may be added for ingress and egress.
(4) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards
related to FAR, lot coverage, and privacy, shall not be considered in approval of ADUs or
JADUs that qualify for approval under this section.
(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-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.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence.
(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).
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long
as the renovation of reconstruction does not increase the degree of non-compliance, such
as increased height, envelope, or further intrusion into required setbacks.
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(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.
(k) JADUs shall comply with the requirements of Section 18.09.050.
18.09.040 All Other Units
(a) This section shall govern applications for ADUs and JADUs that do not qualify for approval
under section 18.09.030.
(b) The Development Standards for units governed by this section are provided in Table 2.
Table 2: All other Units
Attached Detached JADU
Number of Units
Allowed1 1 1
Minimum size 150 sf
Maximum size
900 sf or 1,000 sf for two
or more bedrooms;
no more than 50% of the
size of the single-family
home
900 sf or 1,000 sf for
two or more
bedrooms
500 sf
Setbacks 4 feet from interior yard lot lines; meet underlying zone standard for street
setbacks
Daylight Plane
Initial Height 8 feet at lot line
Angle 45 degrees
Maximum Height3
Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet
Parking None
Square Footage
Exemption Up to 800 sf N/A
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or
proposed single family home
(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.
(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction
with the construction of an ADU/JADU.
(d) ADU square footage shall be exempt from FAR, Lot Coverage, and Maximum House Size to
the minimum extent necessary to permit the establishment of an 800 square foot ADU that
does not exceed 16 feet in height and provides at least four foot setbacks from interior rear
and side lot lines.
(e) 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).
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(f) 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 in the Tree Technical Manual.
(g) 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.
(h) Noise-producing equipment such as air conditioners, water heaters, and similar service
equipment, shall be located outside of the setbacks for the ADU/JADU. All such equipment
shall be insulated and housed, except that the planning 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.
(i) Setbacks
i. Detached units shall maintain a minimum three-foot distance from the primary unit,
measured from the exterior walls of structures.
ii. No basement or other subterranean portion of an ADU/JADU shall encroach into a
setback required for the primary dwelling.
iii. 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.
(j) Design
i. Except on corner lots, 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.
ii. Privacy
A. Second story doors and decks shall not face a neighboring dwelling unit.
Decks and balconies shall utilize screening barriers to prevent views into
adjacent properties. These barriers shall provide a minimum five-foot, six-
inch, screen wall from the floor level of the deck or balcony and shall not
include perforations that would allow visibility between properties.
B. Second story windows, excluding those required for egress, shall have a
five-foot sill height as measured from the second-floor level, or utilize
obscured glazing on the entirety of the window when facing adjacent
properties.
C. Second story windows shall be offset from neighbor’s windows to maximize
privacy.
(k) Parking
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i. Replacement parking is not required when a garage, carport, or covered parking
structure is converted to, or demolished in conjunction with the construction of, an
ADU.
ii. Replacement parking is required when an existing attached garage is converted to a
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.
iii. 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.
iv. 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 unless attached to the unit.
(l) Miscellaneous requirements
i. Street addresses shall be assigned to all units prior to building permit final to assist
in emergency response.
ii. The unit shall not be sold separately from the primary residence.
iii. Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
iv. The installation of fire sprinklers shall not be required in an accessory dwelling unit
if sprinklers are not required for the primary residence.
18.09.050 Additional Requirements for JADUs
(a) A junior accessory dwelling unit shall be created within the walls of an existing or proposed
primary dwelling.
(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following
components: A cooking facility with appliances, and; food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
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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.
(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 junior accessory dwelling unit shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary
residence either the primary dwelling or the junior 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 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 single-family residence,
requires owner-occupancy consistent with subsection (m)(iv) above, does not permit short-
term rentals, and restricts the size and attributes of the junior dwelling unit to those that
conform with this section.
SECTION 4. Subsection (g) of Section 16.58.030 of Chapter 16.58 (Development Impact Fees) of Title 16
(Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
(g) Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be
charged for an accessory dwelling unit of 750 square feet or more shall be proportional to the
square footage of the primary dwelling unit established by the conversion of an existing garage
or carport, provided that the existing garage or carport was legally constructed, or received
building permits, as of January 1, 2017, and is converted to an ADU with no expansion of the
existing building envelope;
SECTION 5. Subsections (a)(4) and (a)(75) 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:
[. . .]
(4) “Accessory dwelling unit” 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 single-
family 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.
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In some instances this Code uses the term second dwelling unit interchangeably with accessory
dwelling unit. For the purposes of this definition, in order to provide “complete independent living
facilities,” a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel
door or other similar feature/appurtenance).
[. . .]
(75) “Kitchen” means a room designed, intended or used for cooking and the preparation of food
and dishwashing. Kitchen facilities include the presence of major appliances, utility connections,
sink, counter, for storing, preparing, cooking, and cleaning.
(A) For ADUs, major appliances shall mean a minimum two burner installed range, and
an oven or convection microwave, as well as a minimum 16 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 6. 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 7. 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 8. 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), 15301, 15302 and 15305 because it constitutes minor
adjustments to the City’s zoning ordinance to implement State law requirements related to accessory
dwelling units as established in Government Code Section 65852.2, and these changes are also likely to
result in few additional dwelling units dispersed throughout the City. 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 9. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
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NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Development
Services
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Ordinance No. 5489
Ordinance of the Council of the City of Palo Alto Amending 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. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 pertain to accessory dwelling
units (“ADUs”) and junior accessory dwelling units (“JADUs”) and were approved by the California
Legislature on September 13, 2019 and signed by the Governor on October 9, 2019;
B. These bills, codified primarily in California Government Code sections 65952.2 and 65952.22 will
become effective January 1, 2020, and provide that local ordinances that do not comply with state
law are null and void;
C. The City Council, pursuant to its police powers, has broad authority to maintain public peace,
health, and safety of its community and preserving the quality of life for its residents;
D. Palo Alto Municipal Code Section 2.04.270 authorizes the adoption of an urgency ordinance to
protect the public peace, health or safety, where there is a declaration of the facts constituting
the urgency and the ordinance is adopted by four-fifths of Council Members present;
E. This urgency ordinance would update the City’s ADU regulations to unambiguously comply with
new state requirements contained in ABs 68, 587, 671, and 881 and SB 13;
F. An urgency ordinance that is effective immediately is necessary to avoid the immediate threat to
public peace, health, and safety as failure to adopt this urgency ordinance could result in
development inconsistent with local values expressed in the City’s ADU regulations.
SECTION 2. Section 18.04.030 of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto
Municipal Code (“PAMC”) is amended to add the following definition:
(94.7) “Maximum house size” means, for the primary residential unit within a single-family
residential zone, the maximum allowable amount of total gross floor area, regardless of lot size.
SECTION 3. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended
to read as follows:
18.42.040 Accessory and Junior Accessory Dwelling Units
The following regulations apply to the establishment of accessory dwelling units and junior
accessory dwelling units.
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(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, 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
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 or
proposed residence on the site and with other structures in the area.
(2) Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when
single-family or multifamily residential is a permitted land use.
(3) Setbacks and Daylight Plane
A. Except as otherwise provided in this section, accessory dwelling units shall
comply with the underlying zoning district’s setbacks, including daylight
plane requirements, except to the extent daylight plane requirements
would preclude an accessory dwelling unit from reaching a height of 16
feet.
B. Notwithstanding subsection (a)(3)(A), no setback shall be required for an
existing structure that is converted to or reconstructed in-place as an
accessory dwelling unit, except as provided in subsection (a)(5) below.
C. In districts permitting second story accessory dwelling units, a setback of at
least four feet from the side and rear lot lines shall be required for an
accessory dwelling unit constructed above a garage.
(4) Lot Coverage/Floor Area Ratio/Maximum House Size
A. An accessory dwelling unit shall be included in the lot coverage and floor area
ratio requirements applicable to the parcel. In the R-E, R-1, R-2 and RMD
districts, and in the OS and PC districts when single-family residential is a
permitted land use: (i) any covered parking provided for the accessory dwelling
unit shall be included in the total floor area for the site, but shall not be
included when determining maximum size of the accessory dwelling unit; and
(ii) an attached accessory dwelling unit shall count towards the maximum
house size for the primary residence on the parcel.
B. Exceptions:
i. Lot Coverage. When the establishment of an accessory dwelling unit on a
parcel with a proposed or existing single family residence would result in the
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parcel exceeding the lot coverage requirement, up to 800 square feet of the
accessory dwelling unit shall not be included in the calculation of lot
coverage applicable to the property.
ii. Basements. In the R-1 district and all R-1 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.
iii. Additional Floor Area. When the development of an accessory dwelling unit
on a parcel with a proposed or existing single family residence would result in
the parcel exceeding the maximum floor area ratio, additional floor area
above the maximum amount otherwise permitted by the underlying zoning
district shall be allowed. The additional floor area allowed shall be the
minimum amount required for establishment of an 800 square foot
accessory dwelling unit, or 220 square feet, whichever is greater. This
additional floor area shall be permitted only to accommodate the
development of the accessory dwelling unit and shall not be applied to the
primary residence.
iv. Maximum House Size. When the establishment of an attached accessory
dwelling unit on a parcel with a proposed or existing single family residence
would result in the parcel exceeding the maximum house size, up to 800
square feet of the accessory dwelling unit shall not be included in the
calculation of maximum house size applicable to the property.
(5) Ministerial Approval of Certain Accessory Dwelling Units
Notwithstanding the provisions of subsections (a)(3), (a)(4), (a)(7), and (a)(8), the
following applications for an accessory dwelling unit or junior accessory dwelling unit
within a residential or mixed-use zone shall be ministerially approved:
A. ADU within Single-Family Residence or Accessory Structure. For a lot with a
proposed or existing single-family dwelling, one accessory dwelling unit or junior
accessory dwelling unit that is contained within the space of a single-family
residence or an accessory structure, has independent exterior access from the
residence, and provides side and rear setbacks sufficient for fire safety shall be
permitted, subject to the following:
i. A unit proposed in an existing accessory structure under this subsection
(a)(5)(A) may include an expansion of not more than 150 square feet beyond
the physical dimensions of the existing accessory structure solely for the
purposes of accommodating ingress and egress.
ii. Conversion of an existing accessory structure to an accessory dwelling unit
may require rebuilding or substantial renovation to comply with the
California Code of Regulations Title 24, as adopted by the City of Palo Alto. In
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such instances, and where the existing accessory structure does not comply
with applicable accessory dwelling unit development standards in the zoning
district, the structure may be renovated or rebuilt, provided that:
(I) If the existing structure does not comply with the applicable
development standards for accessory dwelling units in the zoning
district, the renovated or rebuilt structure shall not increase the
degree of non-compliance, such as increased height or size, or
further intrusion into required setbacks;
(II) The renovated or rebuilt structure shall comply with subsection
(a)(6), below, pertaining to privacy requirements.
(III) Nothing in this subsection (a)(5)(A)(ii) shall restrict or prevent a
renovated or rebuilt structure from being designed to achieve or
improve compliance with the development standards applicable
to an accessory dwelling unit in the zoning district.
iii. No new or separate utility connection shall be required between the
accessory dwelling unit and utility service, such as water, sewer, and power.
iv. The accessory dwelling unit shall comply with the provisions of subsections
(a)(6), (a)(9), and (a)(10).
v. New floor area may be added to a space converted in accordance with this
subsection (a)(5)(A) and, other than the 150 square feet authorized by
subsection (a)(5)(A)(i), shall comply with the all regulations set forth in
subsection (a), including but not limited to setbacks, maximum accessory
dwelling unit size, and height.
B. Single-Family Detached ADU. For a lot with a proposed or existing single-family
dwelling, one detached, new construction, accessory dwelling unit that does not
exceed 800 square feet, nor 16 feet in height, and that provides at least four-
foot side and rear yard setbacks shall be permitted. This detached accessory
dwelling unit may be established in addition to a junior accessory dwelling unit
established pursuant to subsection (a)(5)(A).
C. Multi-Family Attached ADU. For a lot with an existing multifamily dwelling
structure, an accessory dwelling unit shall be permitted within the portions of
the existing multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, if each unit complies with state building standards for
dwellings. The number of dwelling units permitted shall be at least one and up
to 25 percent of the existing multifamily dwelling units on the lot.
D. Multi-Family Detached ADU. For a lot that has an existing multifamily dwelling,
not more than two detached accessory dwelling units that do not exceed 16
feet in height and that provide at least four-foot side and rear yard setbacks
shall be permitted.
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E. The establishment of accessory dwelling units and junior accessory dwelling
units pursuant to this subsection (a)(5) shall not be conditioned on the
correction of non-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.
(6) Privacy
Second story doors and decks shall not face a neighboring dwelling unit and second
story windows shall be placed above eye-level or utilize obscured glazing. Where
feasible, screening features, including landscaping, shall be installed between an
two-story ADU and a neighboring dwelling.
(7) Additional Development Standards for Attached Accessory Dwelling Units
A. Attached accessory dwelling units are those attached to the primary dwelling.
All attached accessory dwelling units, other than those units established
pursuant to subsection (a)(5), shall be subject to the additional development
requirements specified below.
B. Unit Size: The maximum size of an attached accessory dwelling unit living area,
inclusive of a habitable basement, shall not exceed 850 square feet, or 1,000
square feet for a unit with more than one bedroom, and shall not exceed 50%
of the proposed or existing living area of the primary dwelling unit. The
minimum unit size shall be 150 square feet.
C. Maximum height (including property in a special flood hazard zone): One story
and 17 feet, or 16 feet if located in an Eichler Tract identified in the adopted
Palo Alto Eichler Neighborhood Design Guidelines. However, in the RE District
attached accessory dwelling units may be two stories and 30 feet. In the OS
District, attached accessory dwelling units may be two stories and 25 feet.
D. Separate Entry Required for Attached Units: A separate exterior entry shall be
provided to serve an accessory dwelling unit.
E. 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.
F. 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.
(8) Additional Development Standards for Detached Accessory Dwelling Units
A. Detached accessory dwelling units are those detached from the primary
dwelling. All detached accessory dwelling units, other than those units
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established pursuant to subsection (a)(5), shall be subject to the additional
development standards specified below.
B. The maximum size of the detached accessory dwelling unit living area,
inclusive of a habitable basement, shall be 900 square feet, or 1,000 square
feet for a unit with more than one bedroom and the minimum unit size shall
be 150 square feet.
C. Maximum height (including property in a special flood hazard zone): one story
and 17 feet, or one story and 16 feet, if located in an Eichler Tract identified in
the adopted Palo Alto Eichler Neighborhood Design Guidelines.
D. Setbacks and Daylight Plane: Notwithstanding subsection (a)(3)(A), a
detached accessory dwelling unit may be located in a rear yard, but must
maintain a minimum setback of four feet (4’) from the side and rear property
lines. No basement shall encroach into a required rear yard setback. No
portion of a building may encroach into a daylight plane beginning at a height
of eight feet (8’) at the property line and increasing at a slope of one foot (1’)
for every one foot (1’) of distance from the property line, except that the
beginning height shall be increased to the extent necessary to allow an
accessory dwelling unit to reach a height of sixteen feet (16’).
i. No projections, such as but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, shall be permitted to encroach
into the required setbacks and daylight plane, with the exception of a roof
eave up to two feet.
E. 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.
(9) Additional Requirements for All Accessory Dwelling Units
A. Sale of Units: The accessory dwelling unit shall not be sold separately from the
primary residence.
B. Short term rentals. The accessory dwelling unit shall not be rented for periods
of less than 30 consecutive days.
C. Number of Units Allowed: Except as provided in subsection (a)(5), only one
accessory dwelling unit or junior accessory dwelling unit may be located on
any lot where an accessory dwelling unit is permitted.
D. Existing Development: A single-family dwelling shall exist on the lot or shall be
constructed on the lot in conjunction with the construction of the accessory
dwelling unit.
E. 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 single-family residence; does not permit short-term rentals;
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ORD 2020-01-13 ADU Amendment Jan 2020
and restricts the size and attributes of the accessory dwelling unit to those
that conform with this Section 18.42.040.
F. Accessory dwelling units shall not be required to provide fire sprinklers if they
are not required for the primary residence.
G. Street Address Required: Street addresses shall be assigned to all accessory
dwellings to assist in emergency response.
H. 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 will result in fewer environmental
impacts such as paving, grading or tree removal.
I. 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.
J. 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 in the Tree
Technical Manual.
K. 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
A. No additional parking shall be required for accessory dwelling units.
B. Replacement parking is not required when a garage, carport, or covered
parking structure is demolished in conjunction with the construction of an
accessory dwelling unit.
C. Optional parking for accessory dwelling units may be provided by means of
uncovered or tandem spaces on existing driveways within the required front
and street side yards; covered parking and mechanical automobile parking lifts
may be located in required side and rear yard setbacks in compliance with
Section 18.40.050. All new parking spaces and structures shall comply with
development standards of the underlying zoning and the applicable parking
design standards in Chapter 18.54, except as provided below:
i. 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
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parking in a location otherwise allowed under this code and is not
detrimental to public health, safety or the general welfare.
ii 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.
(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 or proposed 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:
A. Number of Units Allowed: Except as provided in subsection (a)(5), either one
accessory dwelling unit or one junior accessory dwelling unit, may be located
on any lot that permits a single-family dwelling. A junior accessory dwelling
unit shall only be located on a lot which already contains one legal single-
family dwelling or where a new single-family dwelling is proposed.
B. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
C. Lot Coverage/Floor Area Ratio:
i. A junior accessory dwelling unit shall be included in the calculation of lot
coverage and floor area ratio applicable to the property.
ii. A primary residence 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.
D. Owner Occupancy: The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a primary residence either the primary dwelling or
the junior accessory dwelling. Owner-occupancy is not required if the owner is
a governmental agency, land trust, or housing organization.
E. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently
of the primary dwelling on the parcel.
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F. Short term rentals: The junior accessory dwelling unit shall not be rented for
periods of less than 30 consecutive days.
G. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit
shall be created within the existing walls of an existing or proposed primary
dwelling.
H. Separate Entry Required: A separate exterior entry shall be provided to serve a
junior accessory dwelling unit. A junior accessory dwelling may include an
interior entry to the main living area and a second interior doorway for sound
attenuation.
I. Kitchen Requirements: The junior accessory dwelling unit shall include an
efficiency kitchen, requiring the following components:
i. A cooking facility with appliances, and
ii. A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
J. Parking. No additional parking is required.
K. 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.
L. 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 single-family residence,
requires owner-occupancy consistent with subsection (b)(2)(D) above, does
not permit short-term rentals, and restricts the size and attributes of the
junior dwelling unit to those that conform with this section.
SECTION 4. 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 5. 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.
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ORD 2020-01-13 ADU Amendment Jan 2020
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is deemed
not to conform with the a mandatory provision of Government Code Section 65852.2 or
65852.22, such section, subsection ,sentence, clause, or phrase shall be deemed stricken from
the Ordinance and the corresponding provision of Government Code Section 65852.2 or
65852.22, if any, shall apply.
SECTION 7. 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), 15301, 15302 and 15305 because it
constitutes minor adjustments to the City’s zoning ordinance to implement State law
requirements related to accessory dwelling units as established in Government Code Sections
65852.2 and 65852.22, and these changes are also likely to result in few additional dwelling units
dispersed throughout the City. 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 8. This ordinance shall be effective upon its adoption by four-fifths of the City Council.
INTRODUCED: January 13, 2020
PASSED: January 13, 2020
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Community
Environment
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Certificate Of Completion
Envelope Id: CB1ACF5A15BF4EBA9E4558E8E2FA0696 Status: Completed
Subject: Please DocuSign: ORD 5489 ADU Ordinance Amendment Revisions to Apply State Law.docx
Source Envelope:
Document Pages: 10 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Kim Lunt
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
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1/23/2020 7:57:38 AM
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kimberly.lunt@cityofpaloalto.org
Location: DocuSign
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Albert Yang
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Senior Deputy City Attorney
City of Palo Alto
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Jonathan Lait
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Interim Director Planning and Community
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City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Signer Events Signature Timestamp
Beth Minor
Beth.Minor@CityofPaloAlto.org
City Clerk
City of Palo Alto
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Ten Survey Questions Regarding ADUs and Responses (February 2020)
1. What are common challenges that you have experienced when submitting for, or getting
approval of, an ADU application?
• Lack of City preparedness or understanding of State Bills regarding ADUs. Challenges as
to which departments need to review plans when a property is in the flood zone.
• Conflicting interpretations of State law (i.e. Fire Marshal re: sprinklers)
• Getting other city agencies (PW and Utilities) to respond quickly and proactively
• Cumbersome process to record deed restrictions
• Requirements that show up during plan check that were not previously stated
• There are too many (about 8) forms required at submittal and it changes every time. We
need a standard application checklist.
2. How does the current City review process for ADUs impact the cost of the project for the home
owner? What changes would you suggest, to reduce those costs?
• Keeping documentation costs as low as possible by requiring the minimal drawings
would help lower costs
• Consider not requiring a survey in situations where proposal clearly would not have any
chance of violating zoning (such as height lower than allowed by one or two feet and
setbacks one or two feet more than minimum required)
• Time! This should be an expedited approval. The longer it takes, the more the cost rises.
• Reconsider Green Building review-cumbersome process that is too adversarial. Rather,
just let a trusted and licensed design professional sign off on code compliance
• Increase exemption for fees to 800sf instead of current 750sf. Do not require Tier 2 GB.
• A ‘hidden’ cost may be the amount of time it takes to get some clarity on how best to
move forward and exactly what to expect.
• Full sets of plans are submitted for each department reviewing a project (20 sheets).
After they review, these plans go into the recycle. Multiply this by all the projects, this is
a ton of waste. Most projects could be reviewed electronically. Require 2 full sets and
have others review those
3. What are the information sources that you and your clients rely on to understand the
regulations that guide the development of ADUs? Is there information, especially from the City,
that is currently outlined in handouts, checklists, or readily available?
• the Palo Alto Zoning Ordinance Tech Manual for Single Family Residential Zones needs to
be updated, and should also include ADUs
• Online PA website is unhelpful; the information needs to be collected from all
departments and assembled in one place with online fillable forms
• Could use graphics to make it easier to understand, like the Tech Manual.
• State Bill Language is a main source
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• HCD memos
4. When considering the total amount of time spent on an ADU project, how much time do you spend
on design and communicating with your client when compared to the time that you spend working
with City staff once the application is submitted? (e.g. 50/50%, 40/60%, etc.)?
60/40
• 60/40
• Permitting takes about 10% of our total time
• 80/20%
• 75/25
5. What are the common questions you receive from your clients related to ADUs?
• Where can an ADU go on a lot/building; how does it impact the floor area allowed; what
are the setbacks, height; permitting and development fees and/or taxes; rental and
reporting requirements
• What else will the City make me do - that I had no intention of doing - that will cost me
time and money?
• Utilities and Public Works tend to have expensive requirements – sewer connections,
backflow preventers, undergrounding electrical power, etc
6. What changes to current ADU regulations would you like to see implemented in the next ADU
code update?
• Allowing two story ADU designs
• Increase exemption for fees to 800sf instead of at current 750sf
• Do not require Tier 2 GB
• Simplified Energy analysis/prescriptive standards or reduced review
• Eliminate Flood Zone restrictions
• Simplified green building review-current process is very time intensive
• I’d like to see the setbacks for HVAC and similar equipment be dependent on decibel
readings and/or ADU setbacks and not zoning setbacks
• ADU to match the architecture of the primary house
• Clarify that a detached accessory unit requires 3 feet separation
• No replacement covered parking for JADU
• No separate sewer line - connect to closest even if through main house
• Remove the requirements of 18.70.100 to allow roof framing replacement
7. Have any of your clients expressed interest in the concept of deed restricting their properties as
affordable ADUs?
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• Not one! Everyone either has a personal (usually family) use in mind, or sees it as a gold
mine
8. What are some ways you think the ADU review process could be streamlined in order to
facilitate an over the counter approval?
• Have a set of pre-approved plans that can be easily implemented on most lots with
minor tweaks
• Although over the counter is a goal, realistically there are enough unique design
situations that would prevent it. But the first pass review could be sequential at the
counter, with Urban Forestry, Fire, and Planning giving comments or approval. Then
Building could take it in for structural review (if not conventionally framed) with those
other departments, approved and done with
• Get Utilities to cooperate-standardized connections by private contractors
• Get PW to cooperate-no grading and drainage review
• Keep the rules clear and brief; if the proposal meets the rules, it gets approved. An ADU
approval should be no more complicated than a kitchen + bath remodel
• Clarify how ADU review process works if permitted at the same time or within an open
development application for a new primary house or house addition project.
• Create a 20-minute preliminary process to provide feedback based on limited review
9. What are the barriers that you anticipate may prevent ADU applications from being approved
over the counter?
• ADU proposed concurrent with a new house application
• Lack of flexible thinking on the part of the plan checker. Lack of clarity on the rules from
one department to the next.
• Utility connections
• Energy efficiency analysis
• Flood zone properties
10. What are your thoughts on establishing an appointment-based time slot system for having staff
review and potentially approve ADU applications over the counter (e.g. Every Monday from
9:00am to 12:00pm, appointments occurring once every hour)?
• It may work… or it could create a bottleneck. I would rather see formal intake and quick
plan check review rather than limited over-the-counter reviews.
• I like it! Would require careful advance exposition of potential pitfalls in required
application materials uniquely in Palo Alto, ie requirements for new utility connections
(the joys of sewage ejectors), Urban forestry/canopy replacement, hardship imposition
of Tier 2 GB requirements
• One of my clients suggested a designated ADU kiosk that has all the info needed to
understand the rules, and that would be staffed at regular times – e.g. Tuesdays and
Thursdays from 10am – 2pm – and have handouts available when the staff was not. OTC
applications could be folded into the kiosk times or be in addition.
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• only when ADU project is the only active permit (i.e. not where a remodel or new house
application would trigger Individual Review or some other review process such as an
HIE). Allow for option for low cost pre-application meeting.
• It would be best to offer this 2x per week as some people may not be able to come in
Monday from 9:00am to 12:00pm
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Attachment D: More Information Regarding Outreach
Architects/Contractors Input
Staff reached out to a group of 15 architects/contractors that commonly perform work in the
City of Palo Alto and received feedback. These community stakeholders provided insightful
comments, relaying issues and concerns, enumerated below:
1. Lack of clear understanding by city staff of new state code regulations
2. Different checklists that do not capture all the requirements needed to get approved
3. Cumbersome process to get deed restriction recorded
4. Look at establishing an Over the Counter process for ADUS
5. Increase exemption for Development Impact Fees on ADUs
6. Reconsider Green Building Requirements for ADUs – Currently requires Tier 2 GB
7. Update City website to include current regulations
8. Update Technical Manual to include ADU regulations
9. Consider allowing two story ADUs
10. Update HVAC requirements for ADUs
11. Do not require replacement parking for garages converted to a JADU
12. Remove grading and drainage requirements
13. Remove flood zone requirements
The draft ordinance addresses Items 3, 9, 10, and 11. The ordinance: (a) Removes the deed
restriction requirement for ADUs (item 3); (b) Clarifies that lofts can be allowed for ADUs,
whether attached or detached (item 9) where an upper floor area with over five feet in head
height is counted towards the gross floor area for the site/unit; (c) Includes language allowing
HVAC and other noise producing equipment to follow the setbacks of the accessory dwelling
units rather than setbacks of the primary house (item 10); and (d) Enables the conversion of
garages into JADUs and provides that replacement spaces can be located within the front yard
setback (item 11).
Staff is considering implementing other suggestions to address items 1, 2, 4, 7, and 8. These
include updating the website and checklist information, creating handouts, and express
permitting following adoption of the updated ordinance. The proposed ordinance should
clarify the City’s regulations for all parties. The ordinance does not address Items 5, 6, 12, and
13 as discussed in the Regulations Not Proposed section of the staff report.
Staff ADU Strike Team
PDS staff formed an ‘ADU strike team’ to discuss streamlining the code and processes to help to
encourage ADU/JADU development. The strike team provided input into earlier versions of the
draft ordinance, which was then circulated to planners for further input. Overall, PDS staff
supported the changes. A remaining concern relates to the interplay of ADU construction and
preservation of existing Historic Inventory houses or homes deemed eligible for the State’s
historic register.
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5/19/2020
1
1
Accessory Dwelling Units
Community Meeting May 19, 2020
2
ADU/JADU Statistics
4th Quarter 2019 ADU Report: https://bit.ly/3cHvwNr
62 ADU/JADU permits issued in 2019
122 ADU/JADU permits issued since 2015
Most units are one-bedroom in R-1, avg size 466 sf,
garage conversions is the trend
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5/19/2020
2
3
ADU/JADU Laws
Fall 2019: State laws became effective January 1, 2020
Palo Alto modified its ADU regulations in January 2020
https://bit.ly/2Xg262B, valid until January 31, 2021
Updated ordinance and staff report for May 27, 2020
Planning and Transportation Commission to be published
Friday May 22; access meeting via Zoom – instructions at
https://bit.ly/36eusOx (or watch Channel 26/MidPenMedia)
Send comments to planning.commission@cityofpaloalto.org
4
–Lot Size: Cannot adopt a minimum lot size
–Parking: Cannot require replacement of off‐street parking lost as a result of
garage conversion to ADU
–Unit Size: Cannot adopt maximum unit sizes below 850sf for one bedroom
and 1,000sf for two+ bedroom detached ADUs
–ADU must‐allow:a detached ADU of 800sf, 16 feet in height, with 4‐foot
setbacks; setbacks follow normal rules for attached units under this provision
(City can’t apply zoning regulations (e.g. lot coverage, FAR) to prohibit)
–Zero setback for conversions/reconstruction of an existing structure in place
–Ministerial process, no owner‐occupancy required for ADUs (JADUs yes)
–Required action on permit within 60 days, unless ADU is proposed with
a new single‐family residence or applicant agrees to extension
–Expanded the unit types via “ministerial” approval
•Up to one JADU + one new detached ADU
•Non‐livable space in multifamily residential buildings conversions
•Detached ADUs on multifamily residential lots
State Laws January 2020
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5/19/2020
3
5
4’
4’
Example: Detached ADU Setbacks
6
Updated January 13, 2020 to minimum extent
necessary to comply with State’s new laws
Adds new categories of ADUs ministerially approved
Removes owner‐occupancy requirements for ADU;
still required for JADU by state
Removes discretionary standards and processes from
privacy regulations
Removes the requirement to replace parking for
garage conversions
Allows reconstructed structures to maintain existing
setbacks/non‐conforming conditions
Interim Urgency Ordinance
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5/19/2020
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7
Community Input Thus Far
Staff reached out to a
group of 15 applicants and
asked 10 questions about
the ordinance/process for
ADUs
A few questions were:
1) “what are challenges
applicants typically face?”,
2) “what suggested
changes would you like to
see in the updated
ordinance?”, and
3) “are residents interested
in deed‐restricting their
units to be affordable?”
8
Updated Ordinance 2020
Staff prepared an
ordinance to further refine
the City’s ADU regulations
in the context of these new
state mandates and other
recommended changes
The updated ordinance
seeks guidance from PTC
and Council in the
following topic areas:
parking, floor area,
setbacks, kitchen
requirements, and height
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5/19/2020
5
9
Updated Ordinance 2020
This community meeting is
the second public outreach
effort to collect feedback
from residents about the
City’s submittal
process/ordinance
The feedback received in
this meeting will be
summarized to PTC on 5/27
and incorporated into the
ordinance for subsequent
PTC/Council meetings
10
Overall project cost ‐the most significant roadblock to homeowners
Meeting building codes ‐as they become more rigid (energy efficiency,
all electric) codes may be difficult
Addressing utilities requirements may be hard in certain instances
(utility upgrades).
Question 1: Biggest Roadblock?
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5/19/2020
6
11
Misinterpretation of the code and submittal requirements.
Assumption ADUs don’t have to provide the same/similar materials for review
and approval
–Mandatory codes include energy efficiency, structural integrity, zoning
compliance.
–From a permitting standpoint, ADUs are a smaller version of the main home
Question 2: Common permitting mistake?
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5/19/2020
7
13
For survey responses, please email
to Garrett Sauls at
Garrett.Sauls@CityofPaloAlto.org
Please try to provide them by no later than Friday 5/22 so that I can compile the information into my PTC presentation
Send comments on ordinance to planning.commission@cityofpaloalto.org
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State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in areas zoned to allow single-family or multifamily dwelling
residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on the
adequacy of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety. A local agency that does not provide water or sewer
services shall consult with the local water or sewer service provider regarding the
adequacy of water and sewer services before designating an area where accessory
dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, landscape, architectural review, maximum size
of a unit, and standards that prevent adverse impacts on any real property that is listed
in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking
requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory dwelling
units are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence,
but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use
and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed
or existing primary dwelling, including attached garages, storage areas or similar
uses, or an accessory structure or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached
accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed
1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
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(vii) No setback shall be required for an existing living area or accessory structure
or a structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion of an
accessory dwelling unit, and a setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is not converted
from an existing structure or a new structure constructed in the same location and to
the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as
appropriate.
(ix) Approval by the local health officer where a private sewage disposal system
is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one
parking space per accessory dwelling unit or per bedroom, whichever is less. These
spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined
by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in
subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted to an
accessory dwelling unit, the local agency shall not require that those offstreet parking
spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if
they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory
dwelling unit shall be considered and approved ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits. The permitting agency
shall act on the application to create an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If
the permit application to create an accessory dwelling unit or a junior accessory
dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application
for the accessory dwelling unit or the junior accessory dwelling unit until the permitting
agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit
shall be considered without discretionary review or hearing. If the applicant requests
a delay, the 60-day time period shall be tolled for the period of the delay. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph,
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including the costs of adopting or amending any ordinance that provides for the
creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency shall
provide an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this
subdivision. If a local agency has an existing accessory dwelling unit ordinance that
fails to meet the requirements of this subdivision, that ordinance shall be null and
void and that agency shall thereafter apply the standards established in this subdivision
for the approval of accessory dwelling units, unless and until the agency adopts an
ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay
or denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed
or existing single-family dwelling. No additional standards, other than those provided
in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for
rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives an application for a permit
to create an accessory dwelling unit pursuant to this subdivision, the local agency
shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to
create an accessory dwelling unit or a junior accessory dwelling unit within 60 days
from the date the local agency receives a completed application if there is an existing
single-family or multifamily dwelling on the lot. If the permit application to create
an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting
agency may delay acting on the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall still be considered
ministerially without discretionary review or a hearing. If the applicant requests a
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delay, the 60-day time period shall be tolled for the period of the delay. If the local
agency has not acted upon the completed application within 60 days, the application
shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and
maximum unit size requirements for both attached and detached accessory dwelling
units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance
any of the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one
bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on
lot coverage, floor area ratio, open space, and minimum lot size, for either attached
or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks
to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a),
shall not impose parking standards for an accessory dwelling unit in any of the
following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance
of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence
or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-family
dwelling or accessory structure and may include an expansion of not more than 150
square feet beyond the same physical dimensions as the existing accessory structure.
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An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section
65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-family
dwelling. The accessory dwelling unit may be combined with a junior accessory
dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily
dwelling structures that are not used as livable space, including, but not limited to,
storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit
complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and shall allow up to 25 percent of the existing
multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has
an existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a
permit application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling
unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created
pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite water treatment system, a percolation
test completed within the last five years, or, if the percolation test has been recertified,
within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has
adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling
units in multifamily dwelling structures shall ministerially consider a permit application
to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic
standards on said accessory dwelling units. These standards shall not include
requirements on minimum lot size.
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(f) (1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special
district, or water corporation to be a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service,
unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any
impact fee upon the development of an accessory dwelling unit less than 750 square
feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or
more shall be charged proportionately in relation to the square footage of the primary
dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term
“fee” is defined in subdivision (b) of Section 66000, except that it also includes fees
specified in Section 66477. “Impact fee” does not include any connection fee or
capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1)
of subdivision (e), a local agency, special district, or water corporation shall not require
the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity
charge, unless the accessory dwelling unit was constructed with a new single-family
home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of
paragraph (1) of subdivision (e), a local agency, special district, or water corporation
may require a new or separate utility connection directly between the accessory
dwelling unit and the utility. Consistent with Section 66013, the connection may be
subject to a connection fee or capacity charge that shall be proportionate to the burden
of the proposed accessory dwelling unit, based upon either its square feet or the
number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing
Code adopted and published by the International Association of Plumbing and
Mechanical Officials, upon the water or sewer system. This fee or charge shall not
exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within
60 days after adoption. After adoption of an ordinance, the department may submit
written findings to the local agency as to whether the ordinance complies with this
section.
(2) (A) If the department finds that the local agency’s ordinance does not comply
with this section, the department shall notify the local agency and shall provide the
local agency with a reasonable time, no longer than 30 days, to respond to the findings
before taking any other action authorized by this section.
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(B) The local agency shall consider the findings made by the department pursuant
to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings
in its resolution adopting the ordinance that explain the reasons the local agency
believes that the ordinance complies with this section despite the findings of the
department.
(3) (A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings explaining the
reason the ordinance complies with this section and addressing the department’s
findings, the department shall notify the local agency and may notify the Attorney
General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of
state law, the department may consider whether a local agency adopted an ordinance
in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement
uniform standards or criteria that supplement or clarify the terms, references, and
standards set forth in this section. The guidelines adopted pursuant to this subdivision
are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and
is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the
Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law
or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(7) “Nonconforming zoning condition” means a physical improvement on a property
that does not conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
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(9) “Proposed dwelling” means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory
dwelling unit before the local agency issues a certificate of occupancy for the primary
dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000) of the Public Resources Code), except that the
local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying
adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject
to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12
of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the
request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that
date is repealed.
(Amended by Stats. 2019, Ch. 659, Sec. 1.5. (AB 881) Effective January 1, 2020. Repealed as of
January 1, 2025, by its own provisions. See later operative version added by Sec. 2.5 of Stats. 2019, Ch.
659.)
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Planning & Transportation Commission
Staff Report (ID # 11042)
Report Type: Meeting Date: 5/27/2020
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: Parking Adjustments to Facilitate EVSE Installation, ADA
Compliance, and Restriping
Title: PUBLIC HEARING. Recommendation on an Ordinance
Amending Palo Alto Municipal Code Chapters 18.52 and 18.54
Adjusting Parking Stall Requirements to Facilitate EVSE
Installation, Parking Substitutions, Parking Lot Re-striping and
Maintenance, Compliance with Accessibility Requirements,
State Law AB 1100, and Associated Code Clean Up for
Consistency with the Above Changes. Environmental
Assessment: Exempt pursuant to California Environmental
Quality Act Guidelines Sections 15301, 15302, 15303, and
15061(b)(3). Zone District: Citywide. For More Information
Contact the Project Planner Samuel Gutierrez at
samuel.gutierrez@cityofpaloalto.org
From: Jonathan Lait
Recommendation
Staff recommends the Planning and Transportation Commission (PTC) recommend that the City
Council adopt the proposed ordinance (Attachment B) amending Title 18 (Zoning Code)
Chapters 18.52 (Parking and Loading Requirements) and 18.54 (Parking Facility Design
Standards) of the Palo Alto Municipal Code (PAMC).
Report Summary
The proposed amendments are intended to facilitate Electric Vehicle Supply Equipment (EVSE)
installation throughout Palo Alto, promote the use of alternate modes of transportation,
achieve compliance and alignment with Americans with Disability Act (ADA) and California
Building Code Accessibility Chapters 11A and 11B, and allow for re-striping and maintenance of
existing parking lots.
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City of Palo Alto
Planning & Development Services Department Page 2
In part, the proposed amendments support environmentally sustainable development and
sustainable transportation modes that reduce greenhouse gas (GHG) emissions. Reductions in
GHG emissions help fight climate change and help the City reach its sustainability targets. As
reported by the Sustainability and Climate Action Plan Priorities, “Road transportation
represents the largest percentage of Palo Alto’s existing carbon footprint.”1
The proposed code changes include:
1. Allowing minimal reduction in the width of vehicle parking stalls to accommodate the
installation of EVSE.
2. Allowing minimal reduction in the overall number of vehicle parking stalls to accommodate
EVSE associated electrical utility equipment.
3. Establishing allowances for additional bicycle parking spaces to replace up to two required
vehicle parking spaces.
4. Establishing language governing motorcycle parking.
5. Providing local standards for existing parking lot re-striping and maintenance.
6. Bringing local code language in compliance with state-mandated parking requirements
related to the California Building Code Accessibility requirements and the Americans with
Disability Act (ADA).
7. Code clean-up associated with the proposed changes above and for internal consistency
and clarity.
Background
The PTC has conducted two study sessions (on March 13, 2019,2 and January 29, 20203)
regarding electric vehicle charging stations. Staff summarized the 2019 session discussion in the
January 2020 staff report.4
At the PTC’s January 29, 2020 Study Session, the Commissioners provided recommendations on
draft revisions to several Zoning Code sections. Staff are returning to the PTC with
amendments to PAMC Title 18, Chapters 18.52, and 18.54.
Discussion
1. Zoning Compliance Challenges for EVSE Retrofitting5
The proposed code changes seek to minimize points of conflict between code requirements and
EVSE installations within existing parking facilities. The PTC discussed EVSE retrofitting of
1 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59291.03&BlobID=75163
2 Link to March 3, 2019 PTC staff report (ID #10174): https://www.cityofpaloalto.org/civicax/filebank/documents/69684 and
Link to March 3, 2019 PTC meeting minutes: https://www.cityofpaloalto.org/civicax/filebank/documents/70120
3Link to January 29, 2020 PTC meeting minutes: https://www.cityofpaloalto.org/civicax/filebank/documents/75701
4 Link to January 29, 2020 PTC staff report (ID #10911): https://www.cityofpaloalto.org/civicax/filebank/documents/74958
5 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca
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City of Palo Alto
Planning & Development Services Department Page 3
existing parking facilities during the January 2020 study session. The PTC supported modifying
the Municipal Code to facilitate the installation of EVSE spaces.
To address the dimensional conflicts installing EVSE can create, staff recommend allowing
minimal reductions of parking stall size so that the space can accommodate EVSE and vehicles.
These stall size reductions still allow ample room for parking vehicles, in particular when
applied to a limited number of parking spaces. Staff proposes new language that allows a
reduction in parking stall width up to a maximum of 18 inches to create space for EVSE
installation. The Office of Transportation concurs with this approach.
Staff recommends adopting a new code section in 18.52 that allows for minor adjusts to
existing parking facilities that provides a more streamlined process for some EVSE installs.
During the building permit application review process, staff would need to determine that the
proposed stall reductions would not negatively impact circulation. EVSE level of service varies
on the electrical output of the EVSE starting from a standard electrical outlet on to a high
output rapid charging system. Each of the levels comes with more equipment varied EVSE
design as the rate of charging increases. Examples are indicated in Attachment D along with
images of the variation in EVSE charger design.
Staff is proposing the following EVSE Code Amendments to PAMC Section 18.54.020 (Vehicle
Parking Facilities) of Title 18 (Zoning) is hereby amended as follows:
(4) For property owners or tenants seeking to install EVSE, the required stall widths
shown in Table 3 of Section 18.54.070 may be reduced by no more than 18 inches below
the code required minimum dimensions in order to accommodate EVSE or associated
Electrical Utility equipment. This reduction may be applied to 10% of the total required
parking stalls, or two stalls, whichever is greater. The Director may approve a reduction
in width for a greater number of stalls through a Director’s Adjustment pursuant to
Section 18.52.050.
Staff has researched the practices of six other cities and counties, including Mountain View, San
Jose, Los Angeles, Santa Monica, Denver, and the County of Santa Clara. While other
jurisdictions purport to promote EVSE installations, their efforts focus on permit processing and
financial incentives. Staff found no evidence of accommodations resulting in decreased parking
spaces or adjusting parking lot design standards to allow for the installation of EVSE on sites
with existing development.
Table 1 summarizes Comprehensive Plan6 programs and policies that directly support
expanding EVSE installation.
Table 1: Comprehensive Plans, Programs, & Policies Supporting EVSE Installation
6 The Palo Alto Comprehensive Plan is available
online:http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp
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Electric Vehicle Policies/Programs
Program T-1.3.1: Develop an electric vehicle promotion program that identifies policy and technical
issues, barriers, and opportunities to the expansion of electric vehicles
Policy T-1.4: Ensure that electric vehicle charging infrastructure, including infrastructure for charging
e-bikes, is available citywide.
Program T-1.4.1: Update the Zoning Code to ensure compatibility with the electric vehicle
infrastructure requirements.
Utilities and Infrastructure
Policy L-9.10 Design public infrastructure, including paving, signs, utility structures, parking garages
and parking lots to meet high-quality urban design standards and embrace technological advances.
Look for opportunities to use art and artists in the design of public infrastructure. Remove or mitigate
elements of existing infrastructure that are unsightly or visually disruptive.
Program L9.10.2 Encourage the use of compact and well-designed utility elements, such as
transformers, switching devices, backflow preventers, and telecommunications infrastructure. Place
these elements in locations that will minimize their visual intrusion.
2. Substitution of Bicycle Parking for Automobile Parking Space
Staff proposes to permit the substitution of bicycle parking spaces for one automobile parking
space. This substitution would be allowed when eight short-term or four long-term bicycle
parking spaces are proposed to replace one automobile parking space when the bicycle parking
spaces are located in the same physical location as the automobile space. Additionally,
replacement space location must be near primary entries of the building on-site or meet best
practices for bicycle parking facilities. The substitute bicycle parking spaces would be in addition
to the required bike parking spaces as detailed in Tables 1 & 2 in PAMC 18.52.040 Off-Street
Parking, Loading, and Bicycle Facility Requirements.
The proposed code language simplifies the approval process for applicants. Staff recommends
introducing the following code language within the new PAMC Section 18.52.045 (Minor
Adjustments to Existing Parking Facilities):
(b) Substitution of bicycle parking. For sites with existing development, at least two
existing automobile parking spaces, up to a maximum of 10% of the existing automobile
parking stalls, may be replaced by long- or short-term bicycle parking facilities. A
minimum of four long-term or eight short-term bicycle parking spaces per automobile
parking space will be required. The bicycle parking spaces are to be located in the same
physical location as the automobile spaces they are replacing, which shall be near
primary entries of the building on-site or in locations that meet best practices for bicycle
parking facilities.
Several Comprehensive Plan Goals and Policies support increasing personal transportation
alternatives to cars and reducing single-occupant vehicle trips. The proposed change does so by
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making bicycling more convenient by providing a tool to increase on-site bicycle parking
capacity. Table 2 summarizes the Comprehensive Plan support for the proposed change.
Table 2: Comprehensive Plans, Programs, & Policies Supporting Changes to PAMC 18.52.050
Bicycle Policies/Programs
GOAL T-1: Create a sustainable transportation system, complemented by a mix of land uses, that
emphasizes walking, bicycling, use of public transportation and other methods to reduce GHG
emissions and the use of single-occupancy motor vehicles.
Policy T-1.1: Take a comprehensive approach to reducing single-occupant vehicle trips by involving
those who live, work and shop in Palo Alto in developing strategies that make it easier and more
convenient not to drive.
Policy T-1.16 Promote personal transportation vehicles an alternative to cars (e.g. bicycles,
skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops
Policy T-1.3: Reduce GHG and pollutant emissions associated with transportation by reducing VMT
and per-mile emissions through increasing transit options, supporting biking and walking, and the use
of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030.
Policy T-5.12 To promote bicycle use, increase the number of safe, attractive and well-designed
bicycle parking spaces available in the city, including spots for diverse types of bicycle and associated
equipment, including bicycle trailers, prioritizing heavily travelled areas such as commercial and retail
centers, employment districts, recreational/cultural facilities, multi-modal transit facilities and ride
share stops for bicycle parking infrastructure.
Program T-5.12.1 Work with employers, merchants, schools and community service providers, to
identify ways to provide more bicycle parking, including e-bike parking with charging stations, near
existing shops, services and places of employment.
Policy T-5.7 Require new or redesigned parking lots to optimize pedestrian and bicycle safety.
Program T-5.8.2 Identify incentives to encourage the retrofit of privately owned surface parking areas
to incorporate best management practices for stormwater management and urban heat island
mitigation as well as incentives for the provision of publicly accessible bicycle parking in
privately owned lots.
3. Establishing Language Regarding Motorcycle Parking7
Staff proposes a new parking standard to define and allow for motorcycle parking spaces. When
a site has met its code required bicycle and vehicle parking requirements, motorcycle parking
spaces may be added. Motorcycle parking spaces may be added in areas of the parking facility
that safely accommodate motorcycles, even though such space may not be appropriately
dimensioned for a car.
Staff recommends the following code section revisions introducing language allowing
motorcycle parking within PAMC Section 18.52.020 (Definitions) subsection (e) and subsection
7 “Motorcycle Parking” means a parking space designed for any motor vehicle designed to travel on not more than
three wheels in contact with the ground. This includes mopeds and motor scooters.
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(b) of Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements) of Title
18 (Zoning) is proposed to be amended as follows:
18.52.020
(e) “Motorcycle Parking” means a parking space designed for any motor vehicle
designed to travel on not more than three wheels in contact with the ground. This
includes mopeds and motor scooters.
18.52.040
(b)(9) Motorcycle parking shall not count towards the vehicle parking requirements
outlined in Tables 1 and 2.
These code sections can allow for changes to existing parking facilities while maximizing total
parking capacity though, as noted above, motorcycle parking would not count towards a site’s
total required parking. When applied to new development, this could provide more parking
capacity than required by the code. Motorcycles can currently park within a standard parking
space; though parking a motorcycle within a standard parking stall is not the best use of the
parking space. This provides an alternative location for motorcycles that is appropriate to their
size. The images below provide examples that features motorcycle stalls where standard
vehicle could not be accommodated.
This is a new policy that was not presented during January 29, 2020, PTC hearing. Research into
additional parking practices uncovered this practice in other cities.
As motorcycle parking facilities are not found in the City Municipal Code, the following code
language and design standard would need to be added to PAMC 18.54.020 Vehicle Parking
Facilities and 18.54.070 “Parking Design Figures and Tables” respectively:
PAMC 18.54.020(b):
(5) Each off-street motorcycle parking stall shall consist of a rectangular area not less
than five (5) feet wide by ten (10) feet long, as illustrated in Figure 7 of Section
18.54.070.
PAMC 18.54.070 (f):
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Figure 7 Motorcycle Parking Dimension
There are also minor changes to existing language within PAMC 18.54 to include the suggested
language above that can be found within the attached draft ordinance.
4. Maintenance of Existing Parking Facilities
Restriping existing parking facilities can improve vehicle circulation and meet current parking
facility design standards, City waste management objectives, and stormwater policies.8 Such
upgrades, however, can conflict with the dimension of the parking facility. The parking area
may not be large enough to accommodate a trash enclosure, required tree canopy, and parking
stalls that meet modern dimensions. Staff proposes a new section of PAMC Section 18.52.050
(Adjustments by the Director) of Title 18 (Zoning). The code is proposed to be amended as
follows:
“Existing parking facilities may be restriped in accordance with applicable provisions of
the municipal code. The Director may approve a reduction in the number of required on-
site parking spaces to achieve the City’s waste management objectives, make
improvements to on-site circulation, or bring substandard parking stalls into compliance
with current design requirements. This provision applies only to sites with existing
structures and existing parking facilities that are intended to remain in substantially the
same form after re-striping of the facility.”
8 City Municipal Code 16.09.165 prohibits discharge of any domestic or industrial waste or other polluted waters
into City storm drains. To comply with this code section “trash enclosures” are required. Enclosure areas should be
covered and enclosed to prevent rain from falling on containers, compactors, or the enclosure floor and carrying
contaminants to the stormwater system or wind from distributing any items that may be on the floor of the
enclosure.
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The proposed code allows for adjustments to parking lot retrofitting and restriping. For
example, a new restaurant in an existing tenant space could add a necessary trash enclosure
and restripe the parking lot. The proposed code language would only apply to sites with existing
development and parking facilities when the existing development is intended to remain in
substantially the same form after resurfacing and re-striping.
5. Code Amendments for Compliance with State Mandated Parking Requirements for
Accessible Parking and Related EVSE Regulations
State law AB 1100 (Attachment E) requires local jurisdictions to count an accessible parking
space with an access aisle served by EVSE or accessible parking space with an aisle designated
as “EV Ready” to be counted as at least two standard automobile parking spaces. Associated
with this policy, staff suggested code changes to codify current practice related to
accommodating accessible stations, and to count standard non-electric van accessible parking
spaces as two spaces towards the code required parking.
AB 1100 also requires local jurisdictions to count standard parking spaces that are served by
EVSE or designated as “EV Ready” must be counted as one standard automobile parking space.
Though already standard local practice, staff recommend formalizing this practice in the code.
The PTC provided no comments regarding the draft language presented during the January 29,
2020, PTC hearing. As the City must comply with State law in the matter and the PTC had no
objections to counting standard accessible parking spaces twice. As such, the edits to existing
code language to address the issues are as follows:
PAMC Section 18.52.040 “Off-Street Parking, Loading and Bicycle Facility Requirements, item
(b) (7 and (b)(8) as follows:
(b)(7) “A parking space served by EVSE or a parking space designated for future
installation of EVSE (EV Ready) shall count as one standard automobile parking space for
purposes of the parking requirements outlined in Tables 1 and 2”
(b)(8) “A van-accessible parking space or accessible parking space with an adjacent
accessible path of travel shall count as at least two standard automobile parking spaces
for purposes of the parking requirements outlined in Tables 1 and 2, inclusive of van-
accessible parking spaces served by EVSE or designated as EV Ready.”
Additionally, there are situations where sites with existing developments are required to be
upgraded if they are out of compliance with current State accessibility requirements. These
situations often do not require EVSE to be installed. The source of the required upgrades come
from changes in use and tenant improvements to an existing building where construction
evaluations trigger new accessibility requirements to be met. Concerning parking facilities,
these upgrades include requirements for accessible parking spaces and an accessible path of
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travel, which is often associated with a minimal loss of physical parking stalls to accommodate
the required improvement.
As discussed during the January 29, 2020, PTC meeting these accommodations are required by
State law, and the loss of parking in practice has been allowed by staff for years. The
requirement for accessible parking spaces overlaps in some situations with the EVSE accessible
parking spaces. As the City must comply with State law in the matter and the PTC had no
objections to the minor parking stall losses associated in this situation, staff developed new
code language to address the situation where accessibility upgrades are required for existing
sites’ parking facilities with minimal process as possible to allow for these upgrades to be
permitted.
6. Parking Lot Retrofitting and Restriping
Similarly, to streamline processes, staff sought to address the situation where the EVSE
associated electrical utility equipment (transformers and switch gears) are required but have no
physical place to be installed due to site constraints. Through this code section, staff proposes
that EVSE related utility equipment, such as transformers and switchgear, would be allowed to
occupy existing parking spaces if there is no other suitable location for this equipment on site.
Due to the varying sizes of the utility equipment, along with clearance and collision protection
requirements, the minor encroachments allowed for EVSE (suggested earlier in this report)
would not be sufficient in this case.
In these situations, similar to the minor parking stall losses for required accessible spaces, staff
propose minor stall losses to allow for EVSE associated electrical utility equipment to be
installed. However, since this would be applied only to sites involving EVSE installations with no
alternative options for placement. Such sites would be subject to a cap of 10% or one stall
(whichever is greater) to be lost in this situation to limit parking the total stall losses.
Additionally, the proposed code language has a provision that requires electrical utility
equipment to be placed in less visible areas such as the rear of a parking lot to the extent
feasible. This direction was supported by some of the PTC members and is also supported in the
Comprehensive Plan Policy L9.10 and Program L9.10.2. The strategic placement could minimize
the visual impacts of equipment on a streetscape. The following code language is suggested to
be introduced in the new PAMC Section 18.52.045 “Minor Adjustments to Existing Parking
Facilities” that addresses both the accessibility requirements (retro-fitting & upgrading) and the
EVSE associated utility equipment:
(a) Accessibility and EVSE-related equipment. For sites with existing development, the
number on-site parking spaces may be reduced to the minimum extent necessary
to: (1) achieve state or federally mandated accessibility requirements or (2) permit
installation of electrical utility equipment required for EVSE. A maximum of 10% of
the existing automobile parking stalls, or one stall, whichever is greater, may be
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removed pursuant to this section. The loss of a parking space is not permitted to
accommodate EVSE itself. To the greatest extent feasible, electrical equipment
required for EVSE shall be placed in a location that minimizes visibility from the
public right of way.
For clarity, the stall loss for utility equipment is only for EVSE associate utility equipment that is
required to be upgraded or newly installed due to the increasing electrical demands for
proposed EVSE on existing developed sites. This is not to be mistaken for new construction or
electrical upgrades not associated with EVSE installation.
7. Code Clean-Up Associated the Proposed Changes Above
The proposed changes to the Municipal Code discussed in this report also require additional
minor changes to the Municipal Code that provide clarifications, define additional terms
introduced by the provide code language above, and for internal consistency.
The proposed changes to Section 18.52 would also require clarification regarding parking within
Parking Assessment Districts. Staff suggests the following code section be added to the PAMC
18.52.080 “Adjustments to Parking Assessment Area Requirements by the Director” subsection
(g) “Adjustments to Existing Parking Facilities:”
The Director may approve a reduction in existing on-site parking spaces to achieve the
City’s waste management objectives, make improvements to on-site circulation, or bring
substandard parking stalls into compliance with current design requirements. This
provision applies only to sites with existing structures and existing parking facilities that
are intended to remain in substantially the same form after re-striping of the facility.
Currently, PAMC 18.18 & PAMC 18.52 both have code sections that speak to the Downtown
parking and loading requirement. Both these sections have nearly identical language except for
a few minor differences. Having both sections remain can lead to confusion in terms what
section apply in a given situation. To address this, staff suggest deleting Section 18.52.070
“Parking Regulations for CD Assessment District”, retaining the language that exists within
18.18 and 18.52 as they pertain to the CD district. Similarly, staff suggests that Section
18.18.090 “Parking and Loading” be deleted in its entirety and restated to reference Chapter
18.52 and 18.54, applying those governing code sections to the CD district. These proposed
code changes are indicated within Attachment B of this report.
The new code language introduces EVSE and EVSE ready where there was previously no
mention of either. For this reason, staff is proposing to amend PAMC 18.52.020 Definitions,
with new subjection (d):
“Electric Vehicle Supply Equipment (EVSE)”: is defined to be consistent with the California
Electrical Code and applies to any level or capacity of supply equipment installed
specifically for transferring energy between the premises wiring and electric vehicles.
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Additionally, the existing code language PAMC 18.52.030 “Basic Parking Regulations”
subsection section (c) is proposed to be amended for consistency with the proposed new code
sectioned discussed in this report as followed:
“No use of land lawfully existing on July 20, 1978, is nonconforming solely because of the
lack of off-street parking, loading, or bicycle facilities prescribed in this chapter;
provided, that facilities being used for off-street parking on July 20, 1978, shall not be
reduced in capacity to less than the number of spaces prescribed in this chapter or
altered in design or function to less than the minimum standards prescribed in this
chapter except for the allowed reductions in parking and the modifications allowed by
the Director pursuant to Section 18.52.050.”
Moreover, as discussed previously, additional language must be added to PAMC 18.54 to
account for several of the new code sections proposed by staff. PAMC 18.54.020 Vehicle
Parking Facilities (4) has been added to reference the allowed encroachments into the required
parking spaces for EVSE installations. The new code section is proposed as follows:
(4) For property owners or tenants seeking to install EVSE, the required stall
widths shown in Table 3 of Section 18.54.070 may be reduced by no more than
18 inches below the code required minimum dimensions in order to
accommodate EVSE or associated Electrical Utility equipment. This reduction
may be applied to 10% of the total required parking stalls, or two stalls,
whichever is greater. The Director may approve a reduction in width for a
greater number of stalls through a Director’s Adjustment pursuant to Section
18.52.050.
Finally, in reviewing the code for consistency with the proposed code changes above, an
outdated section of PAMC 18.52 was discovered. PAMC Section 18.52.040(6) states that
parking for a handicapped person shall be provided in addition to the parking requirement
outlined in Tables 1 and 2 of this chapter. This code is outdated as accessible spaces are
included in the total parking requirements outlined in Tables 1 and 2 of Chapter 18.52. Staff is
proposing PAMC Section 18.52.040 “Off-Street Parking, Loading, and Bicycle Requirements” to
be amended as follows:
(6) In addition to t The parking requirements outlined in Tables 1 and 2 are inclusive of
parking spaces that fulfill accessibility requirements set forth, parking for handicapped
persons shall be provided pursuant to the requirements of Section 18.54.030 (Accessible
Parking) and consistent with criteria outlined in Title 16 (Building Code) of the Municipal
Code in compliance with the Americans with Disabilities Act (ADA).
Environmental Review
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The proposed amendments to the Palo Alto Municipal Code are exempt from the California
Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15301, 15302,
15303, and 15061(b)(3) as the proposed changes to the Municipal Code would involve existing
changes to existing facilities within developed areas of the City. Alternatively, because these are
minor changes intended to promote forms of transportation that have fewer environmental
impacts, it can be seen with certainty.
Public Notification, Outreach & Comments
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper
and mailed to owners and occupants of property within 600 feet of the subject property at least
ten days in advance. Notice of a public hearing for this project was published in the Daily Post
on April 4, 2020, which is 11 days in advance of the meeting.
Public Comments
As of the writing of this report, no project-related, public comments were received.
Alternative Actions
In addition to the recommended action, the Architectural Review Board may:
1. Approve the proposed code amendments with modifications;
2. Continue this item to a date (un)certain; or
3. Recommend denial of the proposed code amendments to the City Council.
Report Author & Contact Information PTC9 Liaison & Contact Information
Samuel Gutierrez, Planner Rachael Tanner, Assistant Director
(650) 329-2225 (650) 329-2679
samuel.gutierrez@cityofpaloalto.org rachael.tanner@cityofpaloalto.org
Attachments:
• Attachment A: Reference Table of Proposed Code Changes (DOCX)
• Attachment B: Draft Ordinance (DOCX)
• Attachment C: Existing Parking Facility Design Standards (DOCX)
• Attachment D: Exhibit of EVSE Types and Level of Service (DOCX)
• Attachment E: State Assembly Bill No. 1100 (PDF)
9 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org
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ATTACHMENT A:
Reference Table of Proposed Code Changes
PAMC CODE
SECTION
CODE LANGUAGE SECTION TYPE MODIFIED
/ NEW
18.52.020
subjection (d):
To provide EVSE associated definitions Definitions NEW
18.52.020
subjection (g)
To provide motorcycle associated definition Definitions New
Section
18.52.040 item
(b)(7)
To clarify how EVSE and EVSE ready space(s)
are counted,
Off-Street Parking,
Loading and Bicycle
Facility Requirements
NEW
Section
18.52.040 item
(b)(8)
To clarify how EVSE and EVSE ready a van-
accessible parking space or accessible
parking space with an adjacent accessible
path of travel shall count as at least two
standard automobile parking spaces
Off-Street Parking,
Loading and Bicycle
Facility Requirements
NEW
Section
18.52.030 (c)
Modification of existing language for
consistency with the proposed code changes
above.
Basic Parking
Regulations
NEW
Section
18.52.030 (k)
Language for motorcycle parking installation Basic Parking
Regulations
NEW
Section
18.52.030 (k)
Directors Adjustments in Parking Assessment
Districts” for clarification and be consistent
with the proposed code changes above.
Basic Parking
Regulations
NEW
Section
18.52.040(6)
To update existing language for consistency
with today's regulations.
Off-Street Parking,
Loading, and Bicycle
Requirements
MODIFIED
Section
18.52.050
To enable adjustments for parking lot
restriping
Adjustments by
Director
NEW
Section
18.52.050
To enable adjustments to allow for bicycle
substitutions for car parking spaces and
allow motorcycle parking
Adjustments by
Director
NEW
Section
18.54.070
Figure 7
Provides a diagram of a motorcycle parking
space.
Parking Design Tables
and Figures
NEW
Section
18.54.080
(a)(4)
To enable adjustments for the installation of
EV chargers and equipment
Adjustments by
Director
NEW
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20200407 Ord Amending 18.52 and 18.54 1
** NOT YET ADOPTED **
DRAFT
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.52
(Parking and Loading Requirements) and Chapter 18.54 (Parking Facility Design)
of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Facilitate EVSE
Installation, Compliance with Accessibility Requirements, Parking Substitutions,
and Associated Parking Adjustments
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 12, 2019, the Governor approved AB 1100, which requires local
authorities to count as a standard automobile parking space any parking space
served by electric vehicle supply equipment (EVSE) or designated for future EVSE.
AB 1100 further requires cities to count as two standard automobile parking spaces
any accessible parking space with an access aisle served by EVSE or designated for
future EVSE.
B. The City of Palo Alto promotes the use of Electric Vehicles. In 2017, one in three
new vehicles purchased in Palo Alto was electric - the highest adoption rate in the
country.
C. It can be especially difficult for existing parking facilities to install new EVSE, as both
the EVSE and require electric utility equipment require additional spaces compared
to standard automobile parking.
D. Existing parking facilities also face difficulty installing accessible parking spaces in
compliance with state and federal law. Successful implementation often requires
the loss of one or more existing parking spaces.
E. Numerous other City priorities, including expansion of bicycle infrastructure,
facilitation of waste management, and improvement of substandard parking stalls
may be hampered by strict application of existing parking standards.
F. The City Council desires to update the parking requirements in Title 18 of the Palo
Alto Municipal Code to facilitate installation of EVSE and accessible parking spaces,
improve flexibility for existing parking facilities, and make associated code changes.
//
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20200407 Ord Amending 18.52 and 18.54 2
SECTION 2. Section 18.52.020 (Definitions) of Chapter 18.52 (Parking and Loading
Requirements) of Title 18 (Zoning) is hereby amended as follows:
18.52.020 Definitions
For purposes of this chapter:
(a) "Accessible"
"Accessible" means the ability to be used by persons with disabilities as defined in the
Americans with Disabilities Act of 1990.
(b) "Construction of Floor Area"
"Construction of floor area" means the construction or building of "floor area" except
for new floor area added to an existing, restored, or partially reconstructed building to
meet the minimum requirements of federal, state or local laws relating to fire
prevention and safety, handicapped access, and building and seismic safety;
(c) "Design Approval"
"Design approval" means approval pursuant to Sections 18.76.020 and 18.77.070 by the
director of planning and community environment (the "director") upon
recommendation of the architectural review board.
(d) “Electric Vehicle Supply Equipment (EVSE)”
“Electric Vehicle Supply Equipment (EVSE)” is defined to be consistent with the
California Electrical Code and applies to any level or capacity of supply equipment
installed specifically for transferring energy between the premises wiring and electric
vehicles.
(e) “Motorcycle Parking”
“Motorcycle Parking” means a parking space designed for any motor vehicle designed to
travel on not more than three wheels in contact with the ground. This includes mopeds
and motor scooters.
(d)(f) "Parking Assessment Areas"
"Parking assessment areas" means either:
(1) The "downtown parking assessment area," which is that certain area of the
city delineated on the map of the University Avenue parking assessment district
entitled Proposed Boundaries of University Avenue Off-Street Parking Project No.
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20200407 Ord Amending 18.52 and 18.54 3
75-63 Assessment District, City of Palo Alto, County of Santa Clara, State of
California, dated October 30, 1978, and on file with the city clerk; or
(2) The "California Avenue area parking assessment district," which is that
certain area of the city delineated on the map of the California Avenue area
parking assessment district entitled Proposed Boundaries, California Avenue Area
Parking Maintenance District, dated December 16, 1976, and on file with the city
clerk;
(e)(g) "Shared (Joint Use) Parking"
"Shared (joint use) parking" means parking intended to accommodate multiple uses,
whether residential or non-residential or both, and to minimize the number of parking
spaces needed by allowing some spaces to be used for different uses at different times
of the day or night.
(h) Definitions for other parking-related terms can be found in Section 18.04.030(a)
(Definitions), including "Parking as a principal use," "Parking facility," and "Parking
space."
SECTION 3. Section 18.52.030 (Basic Parking Regulations) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) is hereby amended to amend subsection (c) as
follows:
18.52.030 Basic Parking Regulations
[. . .]
(c) Non-Conformance Due to Parking Requirements
No use of land lawfully existing on July 20, 1978 is nonconforming solely because of the
lack of off-street parking, loading, or bicycle facilities prescribed in this chapter;
provided, that facilities being used for off-street parking on July 20, 1978, shall not be
reduced in capacity to less than the number of spaces prescribed in this chapter or
altered in design or function to less than the minimum standards prescribed in this
chapter except for the allowed reductions in parking and the modifications allowed by
the Director pursuant to Section 18.52.050.
[. . .]
SECTION 4. Subsection (b) of Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility
Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is
hereby amended as follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
[. . .]
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(b) Calculation of Required Parking
Off-street parking, loading and bicycle facility requirements established by subsection
(a) shall be applied as follows:
(1) Where the application of the schedule results in a fractional requirement, a
fraction of 0.5 or greater shall be resolved to the next higher whole number.
(2) For purposes of this chapter, gross floor area shall not include enclosed or
covered areas used for off-street parking or loading, or bicycle facilities.
(3) Where uses or activities subject to differing requirements are located in the
same structure or on the same site, or are intended to be served by a common
facility, the total requirement shall be the sum of the requirements for each use
or activity computed separately, except as adjusted by the director under the
provisions of Table 1 or Section 18.52.050. The director, when issuing a permit(s)
for multiple uses on a site, may restrict the hours of operation or place other
conditions on the multiple uses so that parking needs do not overlap and may
then modify the total parking requirement to be based on the most intense
combination of uses at any one time.
(4) Where requirements are established on the basis of seats or person
capacity, the building regulations provisions applicable at the time of
determination shall be used to define capacity.
(5) Where residential use is conducted together with or accessory to other
permitted uses, applicable residential requirements shall apply in addition to
other nonresidential requirements, except as provided by Sections 18.52.050
and 18.52.080.
(6) In addition to t The parking requirements outlined in Tables 1 and 2 are
inclusive of parking spaces that fulfill accessibility requirements set forth, parking
for handicapped persons shall be provided pursuant to the requirements of
Section 18.54.030 (Accessible Parking) and consistent with criteria outlined in
Title 16 (Building Code) of the Municipal Code in compliance with the Americans
with Disabilities Act (ADA).
(7) A parking space served by EVSE or a parking space designated for future
installation of EVSE (EV Ready) shall count as one standard automobile parking
space for purposes of the parking requirements outlined in Tables 1 and 2.
(8) A van-accessible parking space or accessible parking space with an adjacent
accessible path of travel shall count as at least two standard automobile parking
spaces for purposes of the parking requirements outlined in Tables 1 and 2,
inclusive of van-accessible parking spaces served by EVSE or designated as EV
Ready.
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(9) Motorcycle parking shall not count towards the vehicle parking
requirements outlined in Tables 1 and 2.
[. . .]
SECTION 5. Section 18.52.045 (Minor Adjustments to Existing Parking Facilities) of Chapter
18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby added as follows:
18.52.045 Minor Adjustments to Existing Parking Facilities
The following minor adjustments may be made to existing parking facilities that are
intended to remain in substantially the same form after restriping.
(a) Accessibility and EVSE-related equipment. For sites with existing development, the
number on-site parking spaces may be reduced to the minimum extent necessary to: (1)
achieve state or federally mandated accessibility requirements or (2) permit installation
of electrical utility equipment required for EVSE. A maximum of 10% of the existing
automobile parking stalls, or one stall, whichever is greater, may be removed pursuant
to this section. The loss of a parking space is not permitted to accommodate EVSE itself.
To the greatest extent feasible, electrical equipment required for EVSE shall be placed in
a location that minimizes visibility from the public right of way.
(b) Substitution of bicycle parking. For sites with existing development, at least two
existing automobile parking spaces, up to a maximum of 10% of the existing automobile
parking stalls, may be replaced by long- or short-term bicycle parking facilities. A
minimum of four long-term or eight short-term bicycle parking spaces per automobile
parking space will be required. The bicycle parking spaces are to be located in the same
physical location as the automobile spaces they are replacing, which shall be near
primary entries of the building on-site or in locations that meet best practices for bicycle
parking facilities.
SECTION 6. Table 4 (Allowable Parking Adjustments) of Section 18.52.050 (Adjustments by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby
amended as follows:
18.52.050 Adjustments by the Director
[. . .]
Table 4
Allowable Parking Adjustments
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Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2
On-Site Employee
Amenities
Square footage of commercial or
industrial uses to be used for an on-site
cafeteria, recreational facility, and/or
day care facility, to be provided to
employees or their children and not
open to the general public, may be
exempted from the parking
requirements
100% of requirement for
on-site employee
amenities
Joint Use (Shared)
Parking Facilities
For any site or sites with multiple uses
where the application of this chapter
requires a total of or more than ten (10)
spaces, the total number of spaces
otherwise required by application of
Table 1 may be reduced when the joint
facility will serve all existing, proposed,
and potential uses as effectively and
conveniently as would separate parking
facilities for each use or site. In making
such a determination, the director shall
consider a parking analysis using criteria
developed by the Urban Land Institute
(ULI) or similar methodology to estimate
the shared parking characteristics of the
proposed land uses. The analysis shall
employ the city's parking ratios as the
basis for the calculation of the base
parking requirement and for the
determination of parking requirements
for individual land uses. The director
may also require submittal and approval
of a TDM program 1 to further assure
parking reductions are achieved.
20% of total spaces
required for the site
100% Affordable
Housing (4)
Based on maximum anticipated
demand; applicant may request up to a
100% reduction in parking.
Affordable Housing
Units and Single Room
Occupancy (SRO) Units
(3)
The total number of spaces required
may be reduced for affordable housing
and single room occupancy (SRO) units,
commensurate with the reduced
parking demand created by the housing
facility, including for visitors and
accessory facilities. The reduction shall
consider proximity to transit and
support services and the director may
a. 40% for
Extremely Low
Income and SRO
Units
b. 30% for Very Low
Income Units
c. 20% for Low
Income Units
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Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2
require traffic demand management
measures1 in conjunction with any
approval.
Housing Near Transit
Facilities
The total number of spaces required
may be reduced for housing located
within a designated Pedestrian/Transit
Oriented area or elsewhere in
immediate proximity to public
transportation facilities serving a
significant portion of residents,
employees, or customers, when such
reduction will be commensurate with
the reduced parking demand created by
the housing facility, including for visitors
and accessory facilities, and subject to
submittal and approval of a TDM
program.1
20% of the total spaces
required for the site.
Transportation and
Parking Alternatives
Where effective alternatives to
automobile access are provided, other
than those listed above, parking
requirements may be reduced to an
extent commensurate with the
permanence, effectiveness, and the
demonstrated reduction of off-street
parking demand effectuated by such
alternative programs. Examples of such
programs may include, but are not
limited to, transportation demand
management (TDM) programs, or
innovative parking pricing, increased
bicycle or motorcycle access, or design
solutions.1 (note: landscape reserve
requirement is deleted).
20% of the total spaces
required for the site5
Combined Parking
Adjustments
Parking reductions may be granted for
any combination of the above
circumstances as prescribed by this
chapter, subject to limitations on the
combined total reduction allowed.
a. 30% reduction of the
total parking demand
otherwise required
b. 40% reduction for
affordable housing
projects
Modification to Off-
Street Loading
Requirements
The director may modify the quantity or
dimensions of off-street loading
requirements for non-residential
development based on existing or
proposed site conditions; availability of
One loading space may
be waived
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Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2
alternative means to address loading
and unloading activity; and, upon
finding that: 1) the off-street loading
requirement may conflict with
Comprehensive Plan goals and policies
related to site design planning,
circulation and access, or urban design
principles; and 2) the use of shared on-
street loading would not conflict with
Comprehensive Plan goals and policies
related to site design planning,
circulation and access or urban design
principles; maximum reduction in one
loading space.
Restriping Existing
Parking Facilities
Existing parking facilities may be
restriped in accordance with applicable
provisions of the municipal code. The
Director may approve a reduction in the
number of required on-site parking
spaces to achieve the City’s waste
management objectives, make
improvements to on-site circulation, or
bring substandard parking stalls into
compliance with current design
requirements. This provision applies
only to sites with existing structures and
existing parking facilities that are
intended to remain in substantially the
same form after re-striping of the
facility.
10% of the total spaces
required for the site, or
2 spaces, whichever is
greater.
(1) See Section 18.52.050(d) below regarding requirements for TDM programs.
(2) No parking reductions may be granted that would result in provision of less than
ten (10) parking spaces on site, except for 100% affordable housing projects.
(3) No parking reductions may be granted for projects that are entitled to the
reduced parking standards in Table 1 of Section 18.52.040 for senior housing.
(4) Applies to 100% affordable housing projects and the residential component of
100% affordable housing mixed-use projects. “100% affordable housing” as
used herein means a multiple-family housing project consisting entirely of
affordable units, as defined in Section 16.65.020 of this code, available only to
households with income levels at or below 120% of the area median income, as
defined in Chapter 16.65, except for a building manager’s unit.
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[. . .]
SECTION 7. Section 18.52.080 (Adjustments to Parking Assessment Area Requirements by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby
amended as follows:
18.52.080 Adjustments to Parking Assessment Area Requirements by the Director
Automobile parking requirements prescribed in this chapter may be adjusted by the
director for properties within parking assessment areas in the following instances and in
accord with the prescribed limitations where, in his/her opinion, such adjustment will be
in accord with purposes of this chapter and will not create undue impact on existing or
potential uses adjoining the site or in the general vicinity. Adjustments shall be made in
accordance with the procedures set forth in Chapter 18.78. The decision of the Director
regarding parking adjustments may be appealed as set forth in Chapter 18.78 (Appeals)
(a) Tandem Parking
Tandem parking (a multiple parking configuration locating one stall behind another)
may be allowed where in the judgment of the director the parking will serve all
proposed uses conveniently. The director shall require such covenants and guarantees
as deemed necessary to ensure use and maintenance of such parking facilities.
(b) Percentage of Compact Parking Stalls
For parking facilities exceeding five stalls and with architectural review approval prior to
June 1, 2007, a maximum of fifty percent compact parking stalls may be allowed. For
any project approved subsequent to June 1, 2007, compact parking is not allowed.
(c) Shared Parking Facilities
For any site or sites with multiple uses where joint use of on-site private or nearby
public parking facilities can occur without conflict, and the use is exempt from parking
assessment, the total number of spaces otherwise required by application of the
schedule may be reduced when the joint facility will serve all existing, proposed, and
potential uses as effectively and conveniently as would separate parking facilities for
each use or site. In making such a determination, the director shall consider a parking
analysis using criteria developed by the Urban Land Institute (ULI) or similar
methodology to estimate the shared parking characteristics of the proposed land uses.
The analysis shall employ the city's parking ratios as the basis for the calculation of the
base parking requirement and for the determination of parking requirements for
individual land uses. The number of parking stalls required for any new development or
addition may be reduced by no more than twenty percent (20%) of the total number of
spaces otherwise required for the site or sites.
(d) Off-Site Parking
Within parking assessment areas, the director may authorize all or a portion of the
required parking for a use to be located on a site within the parking assessment area or
not more than 500 feet from the boundaries of the parking assessment area, where the
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zoning of such site permits parking as a use. The director shall require such covenants
and guarantees as deemed necessary to ensure use and maintenance of such parking
facilities.
(e) Modifications to Off-Street Loading Requirements
The director may modify the quantity or dimensions of off-street loading requirements
for non-residential development based on existing or proposed site conditions;
availability of alternative means to address loading and unloading activity; and, upon
finding that: 1) the off-street loading requirement may conflict with Comprehensive
Plan goals and policies related to site design planning, circulation and access, or urban
design principles; maximum reduction is one loading space; and 2) and the use of shared
on-street loading would not conflict with Comprehensive Plan goals and policies related
to site design planning, circulation and access or urban design principles; maximum
reduction in one loading space.
(f) Affordable Housing
For 100 percent affordable housing projects, the director may waive up to 100 percent
of the parking requirement based on maximum anticipated demand. "100% affordable
housing" as used herein means a multiple-family housing project consisting entirely of
affordable units, as defined in Section 16.65.020 of this code, available only to
households with income levels at or below 120 percent of the area median income, as
defined in Chapter 16.65, except for a building manager's unit.
(g) Adjustments to Existing Parking Facilities
The Director may approve a reduction in existing on-site parking spaces to achieve the
City’s waste management objectives, make improvements to on-site circulation, or bring
substandard parking stalls into compliance with current design requirements. This
provision applies only to sites with existing structures and existing parking facilities that
are intended to remain in substantially the same form after re-striping of the facility.
SECTION 8. Section 18.54.020 (Vehicle Parking Facilities) of Chapter 18.54 (Parking Facility
Design Standards) of Title 18 (Zoning) is hereby amended as follows:
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
Parking facilities shall be designed in accordance with the following regulations:
(1) Requirements for dimensions of parking facilities at, above, and below grade
are contained in this section and in Figures 1-67 and Tables 3-6 of
Section 18.54.070.
(2) Stalls and aisles shall be designed such that columns, walls, or other
obstructions do not interfere with normal vehicle parking maneuvers. All
required stall and aisle widths shall be designed to be clear of such obstructions.
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(3) The required stall widths shown in Table 3 of Section 18.54.070 shall be
increased by 0.5 foot for any stall located immediately adjacent to a wall,
whether on one or both sides. The director may require that the required stall
widths be increased by 0.5 foot for any stall located immediately adjacent to a
post, where such post limits turning movements into or out of the stall.
(4) For property owners or tenants seeking to install EVSE, the required stall
widths shown in Table 3 of Section 18.54.070 may be reduced by no more than
18 inches below the code required minimum dimensions in order to
accommodate EVSE or associated Electrical Utility equipment. This reduction
may be applied to 10% of the total required parking stalls, or two stalls,
whichever is greater. The Director may approve a reduction in width for a
greater number of stalls through a Director’s Adjustment pursuant to Section
18.52.050.
(4)(5) Dead-end aisles shall be avoided to the greatest extent feasible.
(5)(6) Except for at-grade parking facilities serving a maximum of two dwelling
units, all parking facilities shall be set back a sufficient distance from the street
so that vehicles need not back out into or over a public street (not including an
alley) or sidewalk.
(b) Off-Street Parking Stalls
(1) Each off-street parking stall shall consist of a rectangular area not less than
eight and one-half (8.5) feet wide by seventeen and one-half (17.5) feet long
(uni-class stall), or as otherwise prescribed for angled parking by Table 1 Table 3
in Section 18.54.070.
[. . .]
(5) Each off-street motorcycle parking stall shall consist of a rectangular area
not less than five (5) feet wide by ten (10) feet long, as illustrated in Figure 7 of
Section 18.54.070.
(c) Off-Street Loading Spaces
[. . .]
(f) Figures and Tables
Figures 1-67 and Tables 3-6 are located at the end of this chapter in Section 18.54.070
and depict design requirements for parking stalls, aisles, driveways, accessibility, and
parking lots.
//
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SECTION 9. Figure 7 is added to Section 18.54.070 (Parking Design Tables and Figures) of
Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) as follows:
Figure 7
Motorcycle Parking Dimensions
SECTION 10. Section 18.52.070 (Parking Regulations for CD Assessment District) of Chapter
18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby deleted in its entirety
and restated as follows:
18.52.070 Parking Regulations for CD Assessment District
With respect to on-site and off-site parking space requirements for nonresidential uses
within an assessment district wherein properties are assessed under a Bond Plan G
financing pursuant to Title 13, the requirements of this Section 18.52.070 shall apply in
the CD Assessment district in lieu of comparable requirements in this Chapter
18.52. Requirements for the size and other design criteria for parking spaces shall
continue to be governed by the provisions of Chapter 18.54.
(a) On-Site Parking Requirement
Any new development, any addition or enlargement of existing development, or any use
of any floor area that has never been assessed under any Bond Plan G financing
pursuant to Title 13, shall provide one parking space for each 250 gross square feet of
floor area, except as may be exempt from such requirement by the provisions of
subsection (b) of this section. The purpose of this subsection is to regulate the number
of parking spaces required.
(b) Exceptions to On-Site Parking Requirement
The requirement for on-site parking provided in subsection (a) of this section shall not
apply in the following circumstances:
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(1) The following square footage shall be exempt from the on-site parking
requirement of subsection (a):
(A) Square footage for handicapped access which does not increase the
usable floor area, as determined by Section 18.18.060(e);
(B) Square footage for at or above grade parking, though such square
footage is included in the FAR calculations in Section 18.18.060(a).
(2) A conversion to commercial use of a historic building in Categories 1 and 2
shall be exempt from the on-site parking requirement in subsection (a), provided
that the building is fifty feet or less in height and has most recently been in
residential use. Such conversion, in order to be exempt, shall be done in
conjunction with exterior historic rehabilitation approved by the director of
planning and community environment upon the recommendation of the
architectural review board in consultation with the historic resources board.
Such conversion must not eliminate any existing on-site parking.
(3) Vacant parcels shall be exempt from the requirements of subsection (a) of
this section at the time when development occurs as provided herein. Such
development shall be exempt to the extent of 0.3 parking spaces for every one
thousand square feet of site area, provided that such parcels were at some time
assessed for parking under a Bond Plan E financing pursuant to Chapter 13.16 or
were subject to other ad valorem assessments for parking.
(4) No new parking spaces will be required for a site in conjunction with the
development or replacement of the amount of floor area used for nonresidential
use equal to the amount of adjusted square footage for the site shown on the
engineer’s report for fiscal year 1986-87 for the latest Bond Plan G financing for
parking acquisition or improvements in that certain area of the city delineated
on the map of the University Avenue parking assessment district entitled,
“Proposed Boundaries of University Avenue Off-Street Parking Project #75-63
Assessment District, City of Palo Alto, County of Santa Clara, State of California,”
dated October 30, 1978, and on file with the city clerk. No exemption from
parking requirements shall be available where a residential use changes to a
nonresidential use, except pursuant to subdivision (b)(2) of this subsection.
(c) Off-Site Parking
Parking required by this chapter may be provided by off-site parking, provided that such
off-site parking is within a reasonable distance of the site using it or, if the site is within
an assessment district, within a reasonable distance of the assessment district boundary
and approved in writing by the director of planning and community environment. The
director shall assure that sufficient covenants and guarantees are provided to ensure
use and maintenance of such parking facilities, including an enforceable agreement that
any development occurring on the site where parking is provided shall not result in a net
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20200407 Ord Amending 18.52 and 18.54 14
reduction of parking spaces provided, considering both the parking previously provided
and the parking required by the proposed use.
(d) In-Lieu Parking Provisions
In connection with any expansion of the supply of public parking spaces within the CD
commercial downtown district, the city shall allocate a number of spaces for use as “in-
lieu parking” spaces to allow development to occur on sites which would otherwise be
precluded from development due to parking constraints imposed by this chapter. Off-
site parking on such sites may be provided by payment of an in-lieu monetary
contribution to the city to defray the cost of providing such parking. Contributions for
each required parking space shall equal the incremental cost of providing a net new
parking space in an assessment district project plus cost for the administration of the
program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the
director, whose decision shall be final. Only sites satisfying one or more of the following
criteria, as determined by the director, shall be eligible to participate in the in-lieu
parking program:
(1) Construction of on-site parking would necessitate destruction or substantial
demolition of a designated historic structure;
(2) The site area is less than ten thousand square feet and it would not be
physically feasible to provide the required on-site parking;
(3) The site is greater than ten thousand square feet, but of such an unusual
configuration that it would not be physically feasible to provide the required on-
site parking;
(4) The site is located in an area where city policy precludes curb cuts or
otherwise prevents use of the site for on-site parking;
(5) The site has other physical constraints, such as a high groundwater table,
which preclude provision of on-site parking without extraordinary expense.
Office uses above the ground floor shall not be eligible to participate in the in-lieu
parking program for one year from the effective date of Ordinance No. 5460, from May
2, 2019 through May 1, 2020.
(e) Underground Parking
Underground parking deeper than two levels below grade shall be prohibited unless a
soils report or engineering analysis demonstrates that regular pumping of subsurface
water will not be required.
(f) Minor Adjustments to Existing Parking Facilities
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The following minor adjustments may be made to existing parking facilities that are
intended to remain in substantially the same form after restriping.
(1) Accessibility and EVSE-related equipment. For sites with existing
development, the number on-site parking spaces may be reduced to the
minimum extent necessary to: (1) achieve state or federally mandated
accessibility requirements or (2) permit installation of electrical utility equipment
required for EVSE. A maximum of 10% of the existing automobile parking stalls,
or one stall, whichever is greater, may be removed pursuant to this section. The
loss of a parking space is not permitted to accommodate EVSE itself.
(2) Substitution of bicycle parking. For sites with existing development, at least
two existing automobile parking spaces, up to a maximum of 10% of the existing
automobile parking stalls, may be replaced by long- or short-term bicycle parking
facilities. A minimum of four long-term or eight short-term bicycle parking
spaces per automobile parking space will be required. The bicycle parking spaces
are to be located in the same physical location as the automobile spaces they are
replacing, which shall be near primary entries of the building on-site or in
locations that meet best practices for bicycle parking facilities.
SECTION 11. Section 18.18.090 (Parking and Loading) of Chapter 18.18 (Downtown Commercial
(CD) District) of Title 18 (Zoning) is hereby deleted in its entirety and restated as follows:
18.18.090 Parking and Loading
The provisions of Chapter 18.52 and 18.54 shall apply within the CD district. In
particular, on-site and off-site parking for non-residential uses within an assessment
district wherein properties are assessed under a Bond Plan G financing pursuant to Title
13 shall be provided in accordance with Section 18.52.070.
SECTION 12. 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 13. The City Council determines that adoption of this ordinance is exempt from
environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines
Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) because it regulates the
construction or modification of parking facilities.
SECTION 14. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
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INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development Services
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Attachment C
18.54.070 Parking Design Tables and Figures
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Table 3
Parking Lot Layout Dimensions for Uni-Class Parking Stalls A for Various Stall Widths (feet)
Dimension On Diagram (Figure 3
A B C D/D E F G H I J
Parking Dimensions (Feetb)
Parking
Angle
and
Vehicle
Size
Stall
Width
Stall
Width
Parallel
to Aisle
Stall
Length
Stall
Depth
to
Waif
Stall
Depth to
Interlock
Aisle Width
BetweenStall
lines
Module
Wall to
Wall
Module
Wall to
interlock
Module,
Interlockto
Interlock
45 PARKING
8.5 12.0 24.4/21.2 17.25 15.00 13.0 48 46 43
9.0 12.7 24.4/21.2 17.25 15.00 12.0 47 45 42
9.5 13.4 24.4/21.2 17.25 15.00 11.0 46 44 41
60 PARKING
8.5 9.8 21.4/19.7 18.50 17.00 18.0 55 54 .. 52
9.0 10.4 21.4/19.7 18.50 17.00 16.0 53 52 50
9.5 11.0 21.4/19.7 18.50 17.00 15.0 52 51 49
75 PARKING
8.5 . 8.8 20.9/20.2 18.50 18.00 23.0 60 59 58
9.0 9.3 20.9/20.2 18.50 18.00 22.0 59 58 57
9.5 9.8 20.9/20.2 18.50 18.00 21.0 58 57 56
90 PARKING
8.5 8.5 17.5/17.5 17.50 17.50 25.0 60 60 60
9.0 9.0 17.5/17.5 17.50 17.50 24.0 59 59 59
9.5 9.5 17.5/17.5 17.50 17.50 23.0 58 58 58
a. The required stall widths shall be increased by 0.5 foot if a stall is immediately adjacent to a wall on one or
both sides. If there are walls on both sides of a stall, the increase shall still be 0.5 foot.
b. Module widths rounded to whole foot.
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ATTACHMENT D
Types of EVSE Plugs and Level of Service
Table Source and Definitions: Local Government Electric Vehicle Charging Station Siting Toolkit & Reference Guide, County of
Santa Clara Office of Sustainability; Battery Electric Vehicles (BEVs), Plug-in Hybrid Electric Vehicles (PHEVs)
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Photo Examples of Different EVSE Installations
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Assembly Bill No. 1100
CHAPTER 819
An act to add Section 22511.2 to the Vehicle Code, relating to electric
vehicles.
[Approved by Governor October 12, 2019. Filed with Secretary
of State October 12, 2019.]
legislative counsel’s digest
AB 1100, Kamlager-Dove. Electric vehicles: parking requirements.
The Planning and Zoning Law, among other things, requires the legislative
body of each county and city to adopt a general plan for the physical
development of the county or city and authorizes the adoption and
administration of zoning laws, ordinances, rules, and regulations by counties
and cities.
Existing law, the Electric Vehicle Charging Stations Open Access Act,
prohibits the charging of a subscription fee on persons desiring to use an
electric vehicle charging station, as defined, and prohibits a requirement for
persons to obtain membership in any club, association, or organization as
a condition of using the station, except as specified. Existing law requires
a city, county, or city and county to approve an application for the installation
of electric vehicle charging stations, as defined, through the issuance of
specified permits, unless the city or county makes specified written findings
based upon substantial evidence in the record that the proposed installation
would have a specific, adverse impact upon the public health or safety, and
there is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact. Under existing law, an “electric vehicle charging station”
is one or more publicly available parking spaces served by electric vehicle
service equipment, which is defined as an electric component assembly or
cluster of component assemblies designed specifically to charge batteries
within electric vehicles by permitting the transfer of electric energy to a
battery or other storage device in an electric vehicle.
Existing law authorizes a local authority, by ordinance or resolution, and
a person in lawful possession of an offstreet parking facility to designate
stalls or spaces in an offstreet parking facility owned or operated by that
local authority or person for the exclusive purpose of charging and parking
a vehicle that is connected for electric charging purposes. Existing law
additionally authorizes a local authority, by ordinance or resolution, to
designate stalls or spaces on a public street within its jurisdiction for the
exclusive purpose of charging and parking a vehicle that is connected for
electric charging purposes.
This bill would require a parking space served by electric vehicle supply
equipment, as defined, and a parking space designated as a future electric
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vehicle charging space, as defined, to be counted as at least one standard
automobile parking space for the purpose of complying with any applicable
minimum parking requirements established by a local jurisdiction. The bill
would require an accessible parking space with an access aisle served by
electric vehicle supply equipment and accessible parking space with an
access aisle intended as a future electric vehicle charging space to be counted
as at least 2 standard automobile parking spaces for the purpose of complying
with any applicable minimum parking requirements established by a local
jurisdiction.
The bill would include findings that changes proposed by this bill address
a matter of statewide concern rather than a municipal affair and, therefore,
apply to all cities, including charter cities.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The state has a goal to deploy 1.5 million zero-emission vehicles by
2025, and 5 million by 2030, respectively.
(b) The California Energy Commission’s Electric Vehicle Infrastructure
Projection modeling tool has determined 250,000 electric vehicle charging
stations, inclusive of 10,000 DC fast chargers, are needed by 2025 to support
the 2025 zero-emission vehicle deployment goal.
(c) To date, approximately 18,000 public charging stations, including
approximately 2,700 DC fast chargers, have been installed in the state.
(d) The California Green Building Standards Code specifies the standards
for the construction of California’s buildings, including the infrastructure
necessary to support the future installation of electric vehicle supply
equipment.
(e) The California Green Building Standards Code currently does not
define electric vehicle charging stations as parking spaces, despite the fact
that these electric vehicles can be parked at a charging space for a lengthy
period of time.
(f) Some local governments have required developers of electric vehicle
supply equipment to construct additional parking space spaces to comply
with locally mandated minimum parking requirements.
(g) The requirement to construct additional parking spaces can run counter
to state environmental goals, is costly and often technically infeasible, and
creates an artificial barrier to electric vehicle charging station deployment.
(h) Some local jurisdictions, including the Counties of Los Angeles,
Sonoma, and Sacramento, and the Cities of Stockton, West Hollywood,
Santa Barbara, and Pleasanton, have enacted ordinances to count electric
vehicle charging spaces as one or more parking spaces for purposes of
required parking.
(i) California must reduce unnecessary and arbitrary barriers to electric
vehicle charging station deployment to support its 2025 and 2030
zero-emission vehicle deployment goals.
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SEC. 2. Section 22511.2 is added to the Vehicle Code, to read:
22511.2. (a) A parking space served by electric vehicle supply equipment
or a parking space designated as a future electric vehicle charging space
shall count as at least one standard automobile parking space for the purpose
of complying with any applicable minimum parking space requirements
established by a local jurisdiction.
(b) An accessible parking space with an access aisle served by electric
vehicle supply equipment or an accessible parking space with an aisle
designated as a future electric vehicle charging space shall count as at least
two standard automobile parking spaces for the purpose of complying with
any applicable minimum parking space requirements established by a local
jurisdiction.
(c) This section does not modify the approval requirements for an electric
vehicle charging station pursuant to Section 65850.7 of the Government
Code.
(d) The following definitions apply for purposes of this section:
(1) “Electric vehicle supply equipment” has the same definition as that
term is used in the latest published version of the California Electrical Code,
that is in effect, and applies to any level or capacity of supply equipment
installed specifically for the purpose of transferring energy between the
premises wiring and the electric vehicle.
(2) “Electric vehicle charging space” means a space designated by a local
jurisdiction for charging electric vehicles.
(3) “Local jurisdiction” means a city, including a charter city, county,
or city and county.
SEC. 3. The Legislature finds and declares that ensuring access to electric
vehicle charging spaces is a matter of statewide concern and is not a
municipal affair as that term is used in Section 5 of Article XI of the
California Constitution. Therefore, this act applies to all cities, including a
charter city.
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Planning & Transportation Commission
Staff Report (ID # 11366)
Report Type: Approval of Minutes Meeting Date: 5/27/2020
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: April 29, 2020 Draft Meeting Minutes
Title: April 29, 2020 Draft PTC Meeting Minutes
From: Jonathan Lait
Recommendation
Staff recommends that the Planning and Transportation Commission (PTC) adopt the attached
meeting minutes.
Background
Draft minutes from the April 29, 2020 Planning and Transportation Commission (PTC) meetings
were made available to the Commissioners prior to the May 27, 2020 meeting date. The draft
PTC minutes can be viewed on line on the City’s website at
http://www.cityofpaloalto.org/gov/boards/ptc/default.asp.
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