HomeMy WebLinkAboutStaff Report 8943
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
February 26, 2018
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance Amending Section
18.42.040 of Title 18 (Zoning) to Conform With new State Laws
Regarding Accessory Dwelling Units (ADU) and Finding the Changes
Exempt From Review Under the California Environmental Quality Act
(CEQA) Pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines Sections 15061(b), 15301, 15303 and 15305. The Planning
& Transportation Commission Recommended Approval of These
Amendments on November 29, 2017 (FIRST READING: January 29,
2018 PASSED: 8-1, Holman no)
This ordinance was first heard by the City Council on January 29, 2018 and it is now before you
for final approval. It was passed 8-1, Council Member Holman no. Below is the approved
Motion from that meeting.
MOTION: Council Member DuBois moved, seconded by Council Member Fine to adopt
an Ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to
comply with new State laws regarding Accessory Dwelling Units (ADU) and find the action
exempt from review under the California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15061(b),
15301, 15303 and 15305.
SUBSTITUTE MOTION: Council Member Holman moved, seconded by Council Member XX to
direct Staff to consider comments from Council tonight, make appropriate changes to the
Ordinance, and put it on next week’s Consent Calendar for approval.
SUBSTITUTE MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION PASSED: 8-1 Holman no
ATTACHMENTS:
Attachment A: Accessory Dwelling Unit Ordinance (PDF)
Department Head: Beth Minor, City Clerk
Page 2
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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 Implement New State Law Requirements Related to
Accessory Dwelling Units and Update the City’s Regulations
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter
18.42 (Standards for Special Uses) of Title 18 (Zoning) of the PAMC is amended as follows:
18.42.040 Accessory and Junior Accessory Dwelling Units
The following regulations apply to zoning districts where accessory dwelling units and
junior accessory dwelling units are permitted.
(a) Accessory Dwelling Units
(1) Purpose
The intent of this section is to provide regulations to accommodate accessory
dwelling units, in order to provide for variety to the city's housing stock and
additional affordable housing opportunities. Accessory Dwelling Units shall be
separate, 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) Minimum Lot Sizes
A. In the R-1 district and all R-1 subdistricts, RE district, R-2 district, and RMD
district, and properties zoned Planned Community (PC) where single-family
residential is an allowed use, the minimum lot size for the development of
an accessory dwelling unit is 5,000 square feet.
B. In the OS District, the minimum lot size for the development of an accessory
dwelling unit is 10 acres.
. . .
(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.
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B. Notwithstanding section A. above, no setback shall be required for an
existing garage that is converted to an accessory dwelling unit, except as
provided in subsection (a)(5) below.
C. In districts permitting second story accessory dwelling units, a setback of no
more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit constructed above a garage.
. . .
(5) Conversion of Space in Existing Single Family Residence or Existing Accessory
Structure
Notwithstanding the provisions of subsections (a)(2), (a)(3), (a)(4), (a)(7) and (a)(8),
in the R-1 district and all R-1 subdistricts, and the RE district only, R2, RMD and OS
districts, and properties zoned RM or Planned Community (PC) where single-family
residential is an allowed use, an Accessory Dwelling Unit shall be permitted if the
unit is contained within the existing space of a single-family residence or an existing
accessory structure, has independent exterior access from the existing residence,
and the side and rear setbacks are sufficient for fire safety, and if the accessory
dwelling unit conforms with the following:
. . .
(7) Additional Development Standards for Attached Accessory Dwelling Units
A. Attached accessory dwelling units are those attached to the main
dwelling. All attached accessory dwelling units shall be subject to the
additional development requirements specified below.
B. Attached unit size counts toward the calculation of maximum house size.
C. Unit Size: The maximum size of an attached accessory dwelling unit living
area shall not exceed 600 square feet and shall not exceed 50% of the
proposed or existing living area of the primary dwelling unit. The
accessory dwelling unit and any covered parking provided for the
accessory dwelling unit shall be included in the total floor area for the site,
but the covered parking area is not included in the maximum 600 square
feet for attached unit. Any basement space used as an accessory dwelling
unit or portion thereof shall be counted as floor area for the purpose of
calculating the maximum size of the accessory unit.
SECTION 2. Section 18.13.030 (Land Uses) Table 1 of Chapter 18.13 (Multiple Family
Residential) of Title 18 (Zoning) of the PAMC is amended as follows:
18.13.030 Land Uses
Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family
residence districts.
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Table 1
Multiple Family Residential Uses
[P = Permitted Use • CUP = Conditional Use Permit Required]
RM-15 RM-30 RM-40 Subject to
Regulations in:
ACCESSORY AND SUPPORT USES
Accessory Facilities and uses customarily
incidental to permitted uses P P P Chapter 18.40
Accessory Dwelling Unit when accessory to permitted
single-family residence P (1) & (4) P (1) & (4) P (2) & (4) 18.42.040
Home Occupations, when accessory to
permitted residential uses P P P Chapter 18.42
Horticulture, Gardening, and Growing of
food products for consumption by occupants of a site P P P
Surface Parking Facilities located on
abandoned railroad rights-of-way CUP CUP
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Churches and Religious Institutions CUP CUP CUP Private Clubs, Lodges, or Fraternal Organizations,
excluding any such facility operated as a business for
profit CUP
Private Educational Facilities CUP CUP CUP PUBLIC/QUASI-PUBLIC USES
Community Centers CUP CUP CUP Utility Facilities essential to provision of utility
services but excluding construction or storage yards,
maintenance facilities, or corporation yards.
CUP CUP CUP
RECREATION USES
Neighborhood Recreational Centers CUP CUP CUP RESIDENTIAL USES
Single-Family P (1) P (1) P (2) Two-Family P (1) P (1) P (1) Multiple-Family P P P Village Residential P (3) (3) 18.13.050
Mobile Homes P P P Residential Care Homes P P P SERVICE AND RETAIL USES
Convalescent Facilities CUP Day Care Centers CUP CUP P 18.40.160
Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes < P P P Large Adult Day Care Homes CUP CUP CUP Eating and Drinking Services, except drive-in and CUP CUP 18.13.040(f),
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take-out services 18.40.160
Personal Services and Retail Services of a
neighborhood-serving nature CUP CUP 18.13.040(f),
18.40.160
TEMPORARY USES
Temporary Uses, subject to regulations in Chapter
18.42 CUP CUP CUP 18.42.050
P = Permitted Use CUP = Conditional Use Permit Required
(1) Permitted use only on lots less than 8,500 square feet in size.
(2) Permitted use only on lots less than 6,000 square feet in size.
(3) Permitted use only if lot is substandard in size, e.g., less than 8,500 square feet or less than 70 feet
in width, or at the perimeter of a site in excess of one acre where used as a transition to low-density
residential area.
(4) An Accessory Dwelling Unit associated with a single-family residence on a lot is permitted if it is
contained within the existing space of a single-family residence or an existing accessory structure in
accordance with and pursuant to Section 18.42.040(a)(5), subject to the provisions of Section 18.42.040
and such that no more than two total units result on the lot.
SECTION 3. 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 4. 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 5. 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), 15301, 15302 and 15305
because constitute minor adjustments to the City’s zoning ordinance to implement new 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 6. This Ordinance shall not apply to any planning or land use applications deemed
complete as of the effective date of this Ordinance.
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SECTION 7. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
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 & Community
Environment