HomeMy WebLinkAboutStaff Report 9707
City of Palo Alto (ID # 9707)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/5/2018
City of Palo Alto Page 1
Summary Title: 2nd Reading - Accessory Dwelling Unit Ordinance Update
Title: SECOND READING: Adoption of an Ordinance Amending Title 18
(Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to
Accessory Dwelling Units and Junior Accessory Dwelling Units (FIRST
READING: October 1, 2018 PASSED: 8-1 Kou no)
From: City Manager
Lead Department: Planning and Community Environment
RECOMMENDATION
Staff recommends that the Council conduct a second reading and adopt the attached ordinance
(Attachment A).
BACKGROUND
On October 1, 2018, the City Council reviewed and approved on first reading a draft ordinance
amending various elements of Palo Alto Municipal Code (PAMC) Section 18.42.040, Accessory
and Junior Accessory Dwelling Units (staff report #9631).
The motion cited below, moved by Council Member Fine and seconded by Council Member
Scharff, passed with an 8-1 vote (Kou voting no):
A. Find the proposed Ordinance exempt from the provisions of CEQA pursuant to CEQA
Guidelines Section 15061(b)(3);
B. Adopt an Ordinance amending Palo Alto Municipal Code Section 18.42.040, Accessory
and Junior Accessory Dwelling Units;
C. Direct Staff to investigate private ADU financing that would provide financing in
exchange for deed restricted affordable ADUs;
D. Eliminate the development fees for JADUs or for garage conversions;
City of Palo Alto Page 2
E. Remove “the minimum lot size for the establishment of an accessory dwelling unit of
5,000 feet” from the Ordinance; and
F. Refer to Staff and the Planning and Transportation Commission to study the following:
i. Perform additional financial analysis to understand the impacts of waiving fees;
ii. Establish a few ADU template plans that provide an “off the shelf” approvable
project;
iii. Create partnership program that identifies architects who specialize in ADUs
who can be engaged by home owners to streamline the permit review process;
iv. Allow an opt-out provision for homeowners that no longer want to continue to
provide their unit as affordable and require payment of fees that were waived;
and
v. Utilize a third party (e.g. Palo Alto Housing) to administer the program.
The Ordinance has been modified to incorporate the Council’s changes cited in item E above.
The summary of the Action Minutes are available online at the following link:
https://www.cityofpaloalto.org/civicax/filebank/documents/67315. The modifications to the
ordinance from the original ordinance are shown in double-strikethrough (deletions) and
double-underlines (additions).
The Council direction regarding the elimination of development impact fees for JADUs and ADU
garage conversions, where no expansion is allowed (item D in the motion), requires changes to
the chapters in PAMC Title 16 that establish the development impact fees and exemptions
(Chapter 16.58, Development Impact Fees, and Chapter 16.59 Citywide Transportation Impact
Fee). A separate ordinance will be prepared to make this change and will be forwarded to
Council for approval. This ordinance is tentatively scheduled for Council action on November
26, 2018.
Attachments:
Attachment A: Ordinance Amending ADU and JADU Regulations (PDF)
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*NOT YET ADOPTED*
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. 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 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) Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in the following zoning
districts when single family residential is a permitted land use: Single-Family (R-1),
including subdistricts; Two Family Residential (R-2); Residential Estate (RE); Two Unit
Multiple Family Residential (RMD); Open Space (OS); Multiple Family Residential (RM);
and Planned Community (PC).
(2)(3) 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 there is no minimum lot size for the
development establishment of an accessory dwelling unit is 5,000 square
feet.
B. In the OS District, the minimum lot size for the development establishment of
an accessory dwelling unit is 10 acres.
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(34) 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.
B. Notwithstanding subsection (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)(56) below.
C. In districts permitting second story accessory dwelling units, a setback of five
feet from the side and rear lot lines shall be required for an accessory
dwelling unit constructed above a garage.
(45) Lot Coverage/Floor Area Ratio
A. An accessory dwelling unit shall be included in the lot coverage and floor area
ratio FAR requirements applicable to the parcel.
B. Exceptions:
i. Lot Coverage. When the development establishment of an accessory
dwelling unit on a parcel with an existing single family residence that was
legally permitted and existing or proposed with a valid building permit as of
January 1, 2017, would result in the parcel exceeding the lot coverage
requirement, the accessory dwelling unit shall not be included in the
calculation of lot coverage applicable to the property, so long as the parcel
meets the underlying zoning district’s minimum lot size requirement or is
substandard by no more than ten percent (10%) of the underlying zoning
district’s minimum lot size requirement.
ii. Basements FAR. 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 AreaR. When the development of a new one-story accessory
dwelling unit on a parcel with an existing single family residence that was
legally permitted and existing or proposed with a valid building permit as of
January 1, 2017, would result in the parcel exceeding the maximum floor
area ratio, an additional 220 175 square feet of floor area above the
maximum amount of floor area otherwise permitted by the underlying
zoning district shall be allowed. This additional floor area shall be permitted
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only to accommodate the development of the accessory dwelling unit and
shall not be applied to the primary residence.
(56) Conversion of Space in Existing Single Family Residence or Existing Accessory Structure
Notwithstanding the provisions of subsections (a)(23), (a)(34), (a)(45), (a)(78) and
(a)(89), in the R-1 district and all R-1 subdistricts, the RE, R2, RMD and OS districts,
and properties zoned RM or Planned Community (PC) where single-family
residential is an allowed use, an aAccessory dDwelling uUnit 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:
i. For the purposes of this subsection (6), the portion of the single-family
residence or accessory structure subject to the conversion shall be legally
permitted and existing as of January 1, 2017.
ii. Notwithstanding the allowance in this section, only one accessory dwelling
unit or junior accessory dwelling unit may be located on any lot subject to
this sectionConversion of an 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
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:
A. 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;
B. The renovated or rebuilt structure provides a minimum three foot
setback from any interior side and rear lot lines, and 16 foot
setback from any street side property line, if applicable; and
C. The renovated or rebuilt structure shall comply with subsection
(a)(7), below, pertaining to privacy requirements.
D. Nothing in this subsection (a)(6)(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)(67), (a)(910), and (a)(1011).
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v. New floor area may be added to a space converted in accordance with this
subsection (a)(6) and shall comply with the all regulations set forth in
subsection (a), including but not limited to setbacks, maximum accessory
dwelling unit size, and height.
(67) Privacy
Any window, door or deck of a second story accessory dwelling unit shall utilize
techniques to lessen views onto adjacent properties to preserve the privacy of
residents. These techniques may include placement of doors, windows and decks to
minimize overview of neighboring dwelling units, use of obscured glazing, window
placement above eye level, and screening between the properties.
(78) Additional Development Standards for Attached Accessory Dwelling Units
A. Attached accessory dwelling units are those attached to the main primary
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,
inclusive of a habitable basement, shall not exceed 600 square feet and shall
not exceed 50% of the proposed or existing living area of the primary existing
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. The minimum unit size shall be
established consistent with the Building Code.
D. Maximum height (including property in a special flood hazard zone): One story
and 17 feet, or no taller than the primary residence at the area of attachment
if located in an Eichler Tract identified in the adopted Palo Alto Eichler
Neighborhood Design Guidelines. However, in the RE District attached
aAccessory dDwelling uUnits may be two stories and 30 feet. In the OS
zoneDistrict, attached Aaccessory Ddwelling Uunits may be two stories and 25
feet.
E. Separate Entry Required for Attached Units: A separate exterior entry shall be
provided to serve an accessory dwelling unit.
F. 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.
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G. 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.
(89) Additional Development Standards for Detached Accessory Dwelling Units
A. Detached accessory dwelling units are those detached from the main primary
dwelling. All detached accessory dwelling units 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. and the minimum
unit size shall be established consistent with the Building Code.
i. The accessory dwelling unit and any covered parking shall be included in
the total floor area for the site, but the covered parking area is not
included within the maximum 900 square feet for detached unit.
iii. 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.
D.C. Maximum height (including property in a special flood hazard zone): one story
and 17 feet, or one story and 12 feet, if located in an Eichler Tract identified in
the adopted Palo Alto Eichler Neighborhood Design Guidelines.
E.D. Setbacks and Daylight Plane: nNotwithstanding subsection (a)(34)(iA), a
detached accessory dwelling unit may be located in a rear yard, but must
maintain a minimum setback of six feet (6’) from the interior side and rear
property lines and sixteen feet (16’) from a street side yard. 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.
a. 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.
F.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.
(910) Additional Requirements for All Accessory Dwelling Units
A. Sale of Units: The Aaccessory 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 days.
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C. Number of Units Allowed: Only one accessory dwelling unit or junior accessory
dwelling unit may be located on any residentially zoned lot.
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. Occupancy: The owner of a parcel proposed for accessory dwelling use shall
occupy as a principal primary residence either the primary dwelling or the
accessory dwelling, unless both the primary dwelling and the accessory
dwelling are rented to the same tenant and such tenant is prohibited from sub-
leasing the primary dwelling or the accessory dwelling.
F. 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; requires owner-occupancy consistent
with subsection (a)(910)(vE) above; does not permit short-term rentals; and
restricts the size and attributes of the accessory dwelling unit to those that
conform with this Ssection 18.42.040.
G. Accessory dwelling units shall not be required to provide fire sprinklers if they
are not required for the primary residence.
H. Street Address Required: Street addresses shall be assigned to all accessory
dwellings to assist in emergency response.
I. 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 is permitted by the director upon a
determination that separate access will result in fewer environmental impacts
such as excessive paving, unnecessary grading or unnecessary tree removal,
and that such separate access will not create the appearance, from the street,
of a lot division or two-family use.
J. 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, as determined by the
Planning Director.
K. 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 it in the
Tree Technical Manual.
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L. 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.
(1011) Parking
A. No additional parking shall be required for accessory dwelling units.
B. If an accessory dwelling unit replaces existing required covered parking,
replacement spaces shall be provided. When a garage, carport, or covered
parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, any required replacement spaces may be located in
any configuration on the same lot as the accessory dwelling unit. To comply
with this requirement, uncovered or tandem spaces may be provided on
existing driveways within the required front and street side yards; and covered
parking and mechanical automobile parking lifts may be located in required
side and rear yard setbacks in compliance with Section 18.40.050. , including,
but not limited to, within the front setback if on an existing driveway, as
covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts. 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
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 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:
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A. Number of Units Allowed: Either one accessory dwelling unit or one junior
accessory dwelling unit, may be located on any residentially zoned lot that
permits a single-family dwelling except as otherwise regulated or restricted by
an adopted Coordinated Area Plan or Specific Plan. A junior accessory dwelling
unit shall only be located on a lot which already contains one legal single-
family dwelling.
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 FAR floor area ratio applicable to the property.
ii. A primary residence lot 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. This additional area shall be permitted to accommodate
the junior accessory dwelling unit.
D. Owner Occupancy: The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a principal 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.
F. Short term rentals: The junior accessory dwelling unit shall not be rented for
periods of less than 30 days.
G. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit
shall be created within the existing walls of an existing primary dwelling, and
shall include, at a minimum, the conversion of an existing bedroom.
H. Separate Entry Required: A separate exterior entry shall be provided to serve a
junior accessory dwelling unit, with an interior entry to the main living area. A
junior accessory dwelling may include a second interior doorway for sound
attenuation.
I. Kitchen Requirements: The junior accessory dwelling unit shall include an
efficiency kitchen, requiring and limited to the following components:
i. A sink with a maximum waste line diameter of one-and-a-half (1.5) inches,
ii. A cooking facility or appliance which does not require electrical service
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greater than one hundred and twenty (120) volts, or natural or propane
gas, and
iii. 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 beyond that required at the time the
existing primary dwelling was constructed. Any required parking displaced
with the establishment of a junior accessory dwelling unit shall be restored in
compliance with Section 18.42.040(a)(11)(B).
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)(ivD) 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 2. 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 3. 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 4. 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.
/ /
/ /
/ /
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SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Community
Environment