HomeMy WebLinkAbout2025-04-09 Planning & Transportation Commission Agenda PacketPLANNING AND TRANSPORTATION COMMISSION
Regular Meeting
Wednesday, April 09, 2025
Council Chambers & Hybrid
6:00 PM
Commissioner Bart Hechtman Remote Call‐In Location:Carmel Valley Ranch, 1 Old Ranch
Rd., Carmel‐By‐The‐Sea, CA 93923
Planning and Transportation Commission meetings will be held as “hybrid” meetings with the
option to attend by teleconference/video conference or in person. To maximize public safety
while still maintaining transparency and public access, members of the public can choose to
participate from home or attend in person. Information on how the public may observe and
participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if
attending in person. The meeting will be broadcast on Cable TV Channel 26, live on
YouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i a
Center https://midpenmedia.org. Commissioner names, biographies, and archived agendas and
minutes are available at http://bit.ly/PaloAltoPTC.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)
Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
Planning.Commission@CityofPaloAlto.org and will be provided to the Commission and available
for inspection on the City’s website. Please clearly indicate which agenda item you are
referencing in your subject line.
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. The Chair may limit Public Comments to thirty (30) minutes for
all combined speakers. The Chair may reduce the allowed time to speak for Study Sessions and
Action Items to two (2) minutes or less to accommodate a larger number of speakers.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.
Once received, the Clerk will have them shared at public comment for the specified item. To
uphold strong cybersecurity management practices, USB’s or other physical electronic storage
devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,
posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not
create a facility, fire, or safety hazard; and (3) persons with such items remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER/ ROLL CALL
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.
AGENDA CHANGES, ADDITIONS AND DELETIONS
The Chair or Commission majority may modify the agenda order to improve meeting management.
CITY OFFICIAL REPORTS
1.Director's Report, Meeting Schedule, and Assignments
ACTION ITEMS
Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others:
Five(5) minutes per speaker.
2.Review of the Final Concept Design for the Permanent Installation of the Crescent Park
Traffic Calming Project. At‐places Memo added
6:10 PM – 7:40 PM
3.Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chapters
in Title 16 and 18 due to Direction from the California Department of Housing and
Community Development (HCD) Regarding State Accessory and Junior Accessory
Dwelling Unit Law. CEQA Status ‐ Exempt From the Provisions of the California
Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17
and CEQA Guidelines Section 15061(b)(3).
7:40 PM – 9:10 PM
4.Election of Chair and Vice Chair
9:10 PM – 9:30 PM
APPROVAL OF MINUTES
Public Comment is Permitted. Three (3) minutes per speaker.
5.Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutes
of March 12, 2025
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
OTHER INFORMATION
Public Comments
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
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.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, April 09, 2025Council Chambers & Hybrid6:00 PMCommissioner Bart Hechtman Remote Call‐In Location:Carmel Valley Ranch, 1 Old RanchRd., Carmel‐By‐The‐Sea, CA 93923Planning and Transportation Commission meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.
Once received, the Clerk will have them shared at public comment for the specified item. To
uphold strong cybersecurity management practices, USB’s or other physical electronic storage
devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,
posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not
create a facility, fire, or safety hazard; and (3) persons with such items remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER/ ROLL CALL
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.
AGENDA CHANGES, ADDITIONS AND DELETIONS
The Chair or Commission majority may modify the agenda order to improve meeting management.
CITY OFFICIAL REPORTS
1.Director's Report, Meeting Schedule, and Assignments
ACTION ITEMS
Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others:
Five(5) minutes per speaker.
2.Review of the Final Concept Design for the Permanent Installation of the Crescent Park
Traffic Calming Project. At‐places Memo added
6:10 PM – 7:40 PM
3.Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chapters
in Title 16 and 18 due to Direction from the California Department of Housing and
Community Development (HCD) Regarding State Accessory and Junior Accessory
Dwelling Unit Law. CEQA Status ‐ Exempt From the Provisions of the California
Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17
and CEQA Guidelines Section 15061(b)(3).
7:40 PM – 9:10 PM
4.Election of Chair and Vice Chair
9:10 PM – 9:30 PM
APPROVAL OF MINUTES
Public Comment is Permitted. Three (3) minutes per speaker.
5.Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutes
of March 12, 2025
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
OTHER INFORMATION
Public Comments
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
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.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, April 09, 2025Council Chambers & Hybrid6:00 PMCommissioner Bart Hechtman Remote Call‐In Location:Carmel Valley Ranch, 1 Old RanchRd., Carmel‐By‐The‐Sea, CA 93923Planning and Transportation Commission meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.Once received, the Clerk will have them shared at public comment for the specified item. Touphold strong cybersecurity management practices, USB’s or other physical electronic storagedevices are not accepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER/ ROLL CALL
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.
AGENDA CHANGES, ADDITIONS AND DELETIONS
The Chair or Commission majority may modify the agenda order to improve meeting management.
CITY OFFICIAL REPORTS
1.Director's Report, Meeting Schedule, and Assignments
ACTION ITEMS
Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others:
Five(5) minutes per speaker.
2.Review of the Final Concept Design for the Permanent Installation of the Crescent Park
Traffic Calming Project. At‐places Memo added
6:10 PM – 7:40 PM
3.Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chapters
in Title 16 and 18 due to Direction from the California Department of Housing and
Community Development (HCD) Regarding State Accessory and Junior Accessory
Dwelling Unit Law. CEQA Status ‐ Exempt From the Provisions of the California
Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17
and CEQA Guidelines Section 15061(b)(3).
7:40 PM – 9:10 PM
4.Election of Chair and Vice Chair
9:10 PM – 9:30 PM
APPROVAL OF MINUTES
Public Comment is Permitted. Three (3) minutes per speaker.
5.Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutes
of March 12, 2025
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
OTHER INFORMATION
Public Comments
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
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.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, April 09, 2025Council Chambers & Hybrid6:00 PMCommissioner Bart Hechtman Remote Call‐In Location:Carmel Valley Ranch, 1 Old RanchRd., Carmel‐By‐The‐Sea, CA 93923Planning and Transportation Commission meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.Once received, the Clerk will have them shared at public comment for the specified item. Touphold strong cybersecurity management practices, USB’s or other physical electronic storagedevices are not accepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Commission reserves the right to use more or less time on any item,to change the order of items and/or to continue items to another meeting. Particular items maybe heard before or after the time estimated on the agenda. This may occur in order to bestmanage the time at a meeting or to adapt to the participation of the public.CALL TO ORDER/ ROLL CALLPUBLIC COMMENT Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.AGENDA CHANGES, ADDITIONS AND DELETIONSThe Chair or Commission majority may modify the agenda order to improve meeting management.CITY OFFICIAL REPORTS1.Director's Report, Meeting Schedule, and AssignmentsACTION ITEMSPublic Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others:Five(5) minutes per speaker.2.Review of the Final Concept Design for the Permanent Installation of the Crescent ParkTraffic Calming Project. At‐places Memo added6:10 PM – 7:40 PM3.Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chaptersin Title 16 and 18 due to Direction from the California Department of Housing andCommunity Development (HCD) Regarding State Accessory and Junior AccessoryDwelling Unit Law. CEQA Status ‐ Exempt From the Provisions of the CaliforniaEnvironmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17and CEQA Guidelines Section 15061(b)(3).7:40 PM – 9:10 PM4.Election of Chair and Vice Chair9:10 PM – 9:30 PMAPPROVAL OF MINUTESPublic Comment is Permitted. Three (3) minutes per speaker.5.Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutesof March 12, 2025
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
OTHER INFORMATION
Public Comments
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
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.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, April 09, 2025Council Chambers & Hybrid6:00 PMCommissioner Bart Hechtman Remote Call‐In Location:Carmel Valley Ranch, 1 Old RanchRd., Carmel‐By‐The‐Sea, CA 93923Planning and Transportation Commission meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.Once received, the Clerk will have them shared at public comment for the specified item. Touphold strong cybersecurity management practices, USB’s or other physical electronic storagedevices are not accepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Commission reserves the right to use more or less time on any item,to change the order of items and/or to continue items to another meeting. Particular items maybe heard before or after the time estimated on the agenda. This may occur in order to bestmanage the time at a meeting or to adapt to the participation of the public.CALL TO ORDER/ ROLL CALLPUBLIC COMMENT Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.AGENDA CHANGES, ADDITIONS AND DELETIONSThe Chair or Commission majority may modify the agenda order to improve meeting management.CITY OFFICIAL REPORTS1.Director's Report, Meeting Schedule, and AssignmentsACTION ITEMSPublic Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others:Five(5) minutes per speaker.2.Review of the Final Concept Design for the Permanent Installation of the Crescent ParkTraffic Calming Project. At‐places Memo added6:10 PM – 7:40 PM3.Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chaptersin Title 16 and 18 due to Direction from the California Department of Housing andCommunity Development (HCD) Regarding State Accessory and Junior AccessoryDwelling Unit Law. CEQA Status ‐ Exempt From the Provisions of the CaliforniaEnvironmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17and CEQA Guidelines Section 15061(b)(3).7:40 PM – 9:10 PM4.Election of Chair and Vice Chair9:10 PM – 9:30 PMAPPROVAL OF MINUTESPublic Comment is Permitted. Three (3) minutes per speaker.5.Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutesof March 12, 2025COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS ANDAGENDASMembers of the public may not speak to the item(s).ADJOURNMENTOTHER INFORMATION
Public Comments
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CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
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
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Item No. 1. Page 1 of 2
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: April 9, 2025
Report #:
TITLE
Director's Report, Meeting Schedule, and Assignments
RECOMMENDATION
Staff recommends that the Planning and Transportation Commission (PTC) review and
comment as appropriate.
BACKGROUND
This document includes the following items:
Upcoming PTC Agenda Items
PTC Meeting Schedule
PTC Representative to City Council (Rotational Assignments)
Commissioners are encouraged to contact Veronica Dao (Veronica.Dao@CityofPaloAlto.org) to
notify staff of any planned absences one month in advance, if possible, to ensure the
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
quasijudicial and legislative matters. Representatives are encouraged to review the City Council
agendas (https://www.cityofpaloalto.org/City-Hall/City-Council/Council-Agendas-Minutes) for
the months of their respective assignments to verify if attendance is needed or contact staff.
Prior PTC meetings are available online at https://midpenmedia.org/category/government/city-
of-palo-alto/boards-and-commissions/planning-and-transportation-commission.
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UPCOMING PTC ITEMS
April 30, 2025
Parking Program Update
660 University Avenue (continued from 3/12/25)
El Camino Real Retail Nodes (continued from 3/26/25)
Attachment A: 2025 PTC Schedule & Assignments
:
Jennifer Armer, Assistant Director
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Planning & Transportation Commission
2025 Meeting Schedule
2025 Schedule
Meeting Dates Time Location Status Planned Absences
1/8/2025 6:00 PM Hybrid Canceled
1/15/2025 6:00 PM Hybrid Special
1/29/2025 6:00 PM Hybrid Regular
2/12/2025 6:00 PM Hybrid Regular
2/26/2025 6:00 PM Hybrid Regular Templeton
3/12/2025 6:00 PM Hybrid Regular
3/26/2025 6:00 PM Hybrid Regular
4/9/2025 6:00 PM Hybrid Regular
4/30/2025 6:00 PM Hybrid Regular
5/14/2025 6:00 PM Hybrid Regular
5/28/2025 6:00 PM Hybrid Regular
6/11/2025 6:00 PM Hybrid Regular
6/25/2025 6:00 PM Hybrid Regular
7/9/2025 6:00 PM Hybrid Regular
7/30/2025 6:00 PM Hybrid Regular
8/13/2025 6:00 PM Hybrid Regular
8/27/2025 6:00 PM Hybrid Regular
9/10/2025 6:00 PM Hybrid Regular Hechtman
9/24/2025 6:00 PM Hybrid Regular
10/8/2025 6:00 PM Hybrid Regular
10/29/2025 6:00 PM Hybrid Regular
11/12/2025 6:00 PM Hybrid Regular
11/26/2025 6:00 PM Hybrid Canceled
12/10/2025 6:00 PM Hybrid Regular
12/31/2025 6:00 PM Hybrid Canceled
2025 Assignments - Council Representation (primary/backup)
January February March April May June
Bryna Chang
Bart Hechtman
Allen Akin
Doria Summa
Doria Summa
Cari Templeton
Bart Hechtman
Forest Peterson
Cari Templeton
Kevin Ji
Bryna Chang
Todd James
July August September October November December
Council
Summer Break
Allen Akin
Forest Peterson
Kevin Ji
Bryna Chang
Todd James
Allen Akin
Forest Peterson
Cari Templeton
Bart Hechtman
Kevin Ji
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Schedule & Assignments
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Item No. 2. Page 1 of 6
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Office of Transportation
Meeting Date: April 9, 2025
Report #: 2503-4344
TITLE
Review of the Final Concept Design for the Permanent Installation of the Crescent Park Traffic
Calming Project.
RECOMMENDATION
Staff recommends that the Planning and Transportation Commission (PTC) review the final
concept design for the permanent installation of the Crescent Park Traffic Calming Project,
pursuant to City Council direction.
EXECUTIVE SUMMARY
In 2018, residents of the Crescent Park neighborhood raised concerns about cut-through traffic,
congestion, and speeding through the neighborhood. In response, the Office of Transportation
initiated the Crescent Park Traffic Calming Project to evaluate and address these issues. The
report for the pilot project with temporary traffic calming measures was reviewed by the PTC
on September 9, 2020,1 and approved by the City Council on November 9, 2020,2 and the
temporary measures were implemented in 2021 for a one-year trial period.
Data collected before and after the pilot project demonstrated improvements in reducing cut-
through traffic and vehicle speeds. Community feedback was gathered through a neighborhood
survey, with the majority of residents supporting the permanent installation. The project
proceeded through various stages, incorporating input from public hearings, field meetings, and
neighborhood outreach.
Staff worked with the City’s on-call consultant, Fehr & Peers, to refine the concept design in
response to the community input. Following community hearings in 2023, the PTC reviewed the
project and the City Council approved the transition to permanent installations, directing staff
1 Planning & Transportation Commission, September 9, 2020; Item 2, Action Item, SR# 11517
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=34778
2 City Council, November 9, 2020; Item 5, Consent Item, SR# 11603
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=36350
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Item No. 2. Page 2 of 6
to seek further feedback on the traffic calming elements. Community engagement continued
into 2024, culminating in a final review of the conceptual designs.
Staff now presents the final conceptual designs, which integrates neighborhood feedback while
maintaining the project's initial goals: reducing cut-through traffic, congestion, and speeding.
BACKGROUND
In January 2018, residents of the Crescent Park neighborhood raised traffic concerns with the
Office of Transportation. They cited persistent issues with cut-through traffic, peak-hour
congestion, and off-peak hour speeding. In response, the Office of Transportation initiated the
Crescent Park Traffic Calming Project to study the area and evaluate potential traffic-calming
measures. Staff retained Fehr & Peers to assist with the project study and evaluation.
Following this request, staff collected comprehensive traffic speed and volume data in the
neighborhood. Based on resident feedback obtained through neighborhood outreach and
meetings, the consultant developed conceptual layouts and proposed the following traffic-
calming measures:
1.Curb extension improvements and roadway realignment with three-way stop signs at
Southwood Avenue and East Crescent Drive.
2.An oval-shaped traffic circle at the intersection of Hamilton Avenue, Center Drive, and
Southwood Drive.
3.A 50-foot protected bikeway on University Avenue eastbound at West Crescent Avenue.
On September 9, 2020, the PTC recommended implementing the pilot traffic-calming project.
The City Council approved the design and installation of temporary improvements on
November 9, 2020, directing staff to return after one year to evaluate the pilot and determine
whether to make the improvements permanent or consider modifications.
The pilot project was implemented in Summer 2021. In October 2022, staff collected post-pilot
data to assess the effectiveness of the temporary measures. The analysis showed significant
improvements in cut-through traffic and vehicle speeds, successfully achieving the project's
goals:
•Traffic volume reduced by an average of 35%
•Cut-through traffic reduced by an average of 25%
•Vehicle speeds reduced by an average of 11%
Following this analysis, staff conducted a neighborhood survey to gather community feedback
on the pilot program. Over 70% of residents supported the permanent installation of the traffic-
calming measures, as outlined in the June 14, 2023 PTC staff report.3
3 Planning & Transportation Commission, June 14, 2023; Item 3, Action Item, SR# 2301-1381
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=35031
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Item No. 2. Page 3 of 6
Staff worked with the City’s consultant to develop the permanent concept designs. The project
was presented to the PTC on June 14, 2023, where the PTC recommended moving forward with
permanent installations while continuing to seek community feedback on the proposed traffic
calming elements, including the oval-shaped traffic circle and curb extension/roadway
realignment options. The City Council approved this recommendation on November 6, 2023.
DISCUSSION
, staff held a community meeting at City Hall for all residents in the
Crescent Park neighborhood to review and provide feedback on the revised concept design
based on the comments received to date. The meeting was well attended with approximately
11 residents in attendance. The comments received and staff responses to each of the traffic
calming elements are discussed in more detail in the sections below.
A. Southwood Drive, Center Drive, and Hamilton Avenue: Five-Legged Intersection (Traffic
Circle/Oval)
Revisions made to traffic circle concept design in response to community feedback:
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Item No. 2. Page 4 of 6
The traffic circle/oval will also be landscaped with various plant species specifically chosen
by City’s Landscape Architect in cooperation with the landscape consultants to ensure that
the plants meet the aesthetics of the neighborhood and are drought tolerant once
established
All of these refinements ensure the intersection remains both functional and safe while
incorporating community input. The revised concept design is included in Attachment A of
this report.
B. Southwood Drive and East Crescent Drive: Three-Legged Intersection Roadway
Realignment
The temporary traffic calming measure at this location consisted of the installation of
temporary curb extensions in the northwest corner of Southwood Drive and East Crescent
Drive to reduce the size and realign the intersection. The curb extension reconfigures East
Crescent drive to make it perpendicular to Southwood Drive, therefore realigning the three-
legged intersection into a T-shaped intersection with the addition of a three-way stop signs
at Southwood Avenue and East Crescent Drive. This roadway realignment has shown to
effectively reduce cut-through traffic and unsafe speeds of vehicles making right and left
turns to/ from East Crescent Drive.
Residents living at this corner have expressed concerns about the aesthetics and size of the
bulb-out, as well as its impact on parking in front of an existing grandfathered non-standard
curb ramp. On February 7, 2024, City staff conducted a field meeting with residents fronting
improvements at the corner of East Crescent Drive and Southwood Drive to gather specific
feedback on the proposed curb realignment. The residents raised concerns regarding the
temporary bulb-out’s aesthetics, the proposed curb footprint, and the impact on parking—
particularly the loss of parking near the existing curb ramp, which affects their ride-share
pick-up and drop-off accessibility. The residents also expressed their concerns that the
plants species be chosen to ensure a visually cohesive streetscape to match the aesthetics
of the neighborhood.
Following the completion of 40% conceptual design plans, staff held another neighborhood-
wide community meeting at City Hall on October 29, 2024, to gather additional feedback
from the community. Residents at 590 East Crescent reiterated their concerns regarding
parking, aesthetics, and accessibility.
Recent letters sent to PTC, dated January 24, 2025, and January 27, 2025 (Attachment B),
the residents at 590 East Crescent Drive reiterated their concerns about the bulb-out’s
visual impact, their loss of parking and obstruction of property access. They referenced the
June 14, 2023, PTC meeting, where several commissioners expressed reservations about the
bulb-out’s size and aesthetics. The residents contended that the latest revision had not
adequately addressed their concerns, and they cited California’s new "Daylighting" law
(Assembly Bill (AB 413), which prohibits parking within 15 feet of a bulb-out and 20 feet of
an intersection, further restricting available parking near their home. The residents asserted
that the Office of Transportation staff did not fully account for this regulation and
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incorrectly assumed that pick-up and drop-off access would remain viable. They also
requested the immediate removal of the temporary bulb-out and new stop sign. They
formally requested that PTC require a redesign to restore parking and improve accessibility.
In review of the requirements of AB 413, staff determined that if the proposed roadway
realignment option were removed from the project, the existing curb ramp in question,
which currently acts as a pedestrian crossing, would result in an even stricter parking
restrictions, compared to the proposed intersection realignment.
In addition, the California Vehicle Code, Section 22500 restricts parking within an
intersection unless permitted by local ordinance. Parking on a curve, including along the
curve in front of this residence, could be considered obstructing traffic flow and is
therefore not allowed. It also states that a person cannot stop, park, or leave a vehicle
standing in various locations, including where it would obstruct traffic flow, which could
include parking on a curve considered part of the intersection. Therefore, staff believes
that this proposed project will not impede any existing parking restrictions for the
residents at this corner
Revisions made to intersection realignment concept design in response to community
feedback:
In response to community feedback, City staff has refined the design at this intersection to
enhance safety, visibility, and traffic flow while maintaining engineering standards. The final
concept design has been revised to reduce the width/surface area of the curb extension
footprint by approximately five feet to provide wider lanes on East Crescent Drive, while
ensuring improvements to pedestrian safety, cut-through traffic, and speeding concerns. In
addition, the temporary curbing materials will be replaced with aesthetically appealing
concrete, and the landscaping plan has been updated to include drought-tolerant plants
that will remain under 3.5 feet in height to comply with visibility requirements. The plant
species were chosen by City’s Landscape Architect in cooperation with the landscape
consultants. The plants meet the aesthetics of the neighborhood and are drought tolerant
once established.
In cooperation with the resident’s request to keep the non-standard curb ramp located in
front of their house, the current revised concept design converts the existing ramp into a
concrete path, where it will no longer be considered a ramp/pedestrian crossing, and
therefore AB 413 law will no longer apply at this location. Residents will now be able to
have access, for drop offs and pickups and will be able to park behind the concrete path,
away from the new crosswalk, and will be in compliance with AB 413 regulation as needed.
Staff also observed that the existing driveway at the property also provides access to the
residence.
Additionally, given California’s "Daylighting" law (AB 413), which prohibits parking within 15
feet of a bulb-out’s approach, the design has been modified by realigning the crosswalk to
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Item No. 2. Page 6 of 6
provide more distance, in order to potentially allow parking or stopping behind the concrete
path, which may satisfy the resident’s request.
The updated concept design for this intersection is included in Attachment A of this report.
Conclusion
The modifications incorporated into the final concept design reflects a collaborative effort
between the City and the Crescent Park community, to balance traffic calming objectives with
resident concerns. Key issues regarding parking, aesthetics, landscaping, pedestrian
accessibility, and overall traffic flow have been addressed. By refining the bulb-out design to
minimize parking impacts while preserving safety benefits and improving the oval roundabout
shape and size for enhanced circulation and pedestrian access, the final plans represent a well-
balanced response to community feedback.
NEXT STEPS
Following PTC review and recommendation, the Office of Transportation staff will prepare the
final construction drawings and initiate the construction phase for permanent installation,
including Council review and approval of the construction contract.
RESOURCE IMPACT
The project will be funded through the existing Transportation and Parking Improvement
Capital Improvement Project (PL-12000), which supports neighborhood traffic calming projects.
ENVIRONMENTAL REVIEW
The proposed modifications involve minor upgrades to an existing residential street right-of-
way and will not introduce any new environmental impacts. This project qualifies as a minor
alteration to the existing street system and is therefore categorically exempt under Class 1
Exemption, Section 15301 of the California Environmental Quality Act (CEQA).
PUBLIC NOTIFICATION, OUTREACH, AND COMMENTS
All households within the project area were notified by mail regarding the PTC meeting and the
availability of this staff report.
ATTACHMENTS
Attachment A: Final Conceptual Design Plans
Attachment B: Letters sent to PTC
AUTHOR/TITLE:
Chirag Panchal, Associate Engineer
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Attachment A - Final Conceptual
Design Plans
Packet Pg. 15
SOUTHWOOD DRIVE
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Attachment A - Final Conceptual
Design Plans
Packet Pg. 16
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Attachment B - Residents
letters to PTC
Packet Pg. 17
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Attachment B - Residents
letters to PTC
Packet Pg. 18
Lisa G. Lawson
590 E. Crescent Drive • Palo Alto • California • 94301
January 27, 2025
Via Email (Planning.Commission@CityofPaloAlto.org)
City of Palo Alto
Transportation and Planning Commission Committee
250 Hamilton Avenue
Palso Alto, CA 94301
Re: Request to Be Added to 1.29.25 Agenda Re Crescent Park Traffic Calming Plans
Dear Transportation and Planning Commission:
I am one of the owners of the house at 590 E. Crescent Drive, and I write to request your
intervention in the Transportation Department’s plans regarding the proposed “traffic calming”
solution for the intersection at E. Crescent and Southwood in Crescent Park.
As Mr. Hanna notes in his January 24, 2025 letter, this proposal was initially discussed at the
Planning Commission meeting on June 14, 2023. At that meeting, the Planning Commission
directed the Transportation Department to redesign the traffic calming measure for this
intersection. As Mr. Hanna notes in his letter, the Planning Commission expressed significant
concern over the design of the bulb-out at this intersection. Not only did the Planning
Commission consider it an eye-sore, but it also expressed some doubt regarding the statistics
the Transportation Department cited as evidence that the temporary bulb-out reduced speeding
in the neighborhood and increased safety at the intersection.
Attached as Exhibit A is the transcript of the discussion from that June 14, 2023 meeting.
Approximately one-and-a-half years later, the Transportation Department has now completed its
alleged “redesign” of the bulb-out at the intersection of E. Crescent and Southwood. The new
design does little to alter the original. It appears to merely make the giant berm a few feet
smaller on one side.
Attached as Exhibit B is the image of the “new” design that the Transportation Department has
informed us is the final design.
The image (created by the Transportation Department) depicts our home at 590 E. Crescent at
the top of the image. The dark blue walkway from the house to the street depicts the walkway
of our home and the disability cut-out/ramp in the sidewalk to the street. This ramp in the
concrete between the sidewalk and street is critical for my father’s access to his house. My 87-
year-old father (James Girand) has significant mobility issues, and he can no longer drive. He
has been prescribed a walker (which he is being fitted for in March), and it is anticipated he will
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Attachment B - Residents
letters to PTC
Packet Pg. 19
Lisa G. Lawson
590 E. Crescent Drive • Palo Alto • California • 94301
eventually need a wheelchair. His caregivers and Uber drivers pull up to the space with the
ramp in the curb so that my father can get in and out of their vehicles without having to
navigate the space between the sidewalk and the street, or step off the curb into the street.
The Transportation Department has informed us that they plan to proceed with the construction
of this “final” plan (even though they have yet to obtain approval from the Planning Commission
or the City Council). Specifically, on November 19, 2024, Transportation Department employee
Chirag Panchal informed us:
This plan represents the final iteration of the conceptual plan. Based on the feedback
received thus far, City staff is planning to proceed with the preparation of final
construction plans. Please note that additional modifications are not anticipated at this
stage.
Mr. Panchal further stated that we should be satisfied with the proposed plan because the new
plan “ensures the existing walkway path to your front door, which facilitates easy pick-up
and drop-off access, is retained.”
Mr. Panchal apparently believes that caregivers and drivers for my elderly father will somehow
be able to park along the edge of the berm.
Attached as Exhibit C is an image of the front of our home, showing the temporary berm, and
the ramp in the sidewalk to the front walkway of the house.
Mr. Panchal’s assertion that the new design retains access to the ramp is false. In envisioning
the parking available with this “new” design, Mr. Panchal and the Transportation Department
have failed to take into consideration the “Daylighting” parking law (AB 413) passed by the State
of California last fall (which went into effect on January 1, 2025). This law makes it illegal to park
within 15 feet of a bulb-out or within 20 feet of an intersection (regardless of whether there is a
crosswalk at the intersection).
In light of these parking laws, the temporary berm has completely usurped all of my
father’s accessible access to his home. The final design would make this usurpation
permanent.
Many cities surrounding Palo Alto have already published information about how the new
Daylighting law will impact parking in those cities.i The City of Menlo Park has published a
design that illustrates which areas surrounding bulb-outs and intersections are now “no-
parking” zones. A copy of the City of Menlo Park’s image is attached as Exhibit D. I have
included red circles around the areas that best illustrate how the bulb-out at the intersection at
E. Crescent and Southwood is impacted by the Daylighting law.
As you can see from the above, and the exhibits to this letter, the Daylighting law prohibits
parking along the edge of the bulb-out, as the Transportation Department has assumed
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letters to PTC
Packet Pg. 20
Lisa G. Lawson
590 E. Crescent Drive • Palo Alto • California • 94301
would be allowed. Indeed, the new Daylighting law not only prohibits parking along the edge
of a bulb-out but also prohibits parking within 15 feet of where a bulb-out begins.
Attached as Exhibit E is a depiction of the area in front of our home that will be a “no parking”
zone if the temporary berm remains, or if the permanent berm is installed, as envisioned by the
Transportation Department.
This “traffic calming” solution for the intersection at E. Crescent and Southwood greatly
endangers my father’s safety by eliminating all accessible parking to his home. It would
preclude my father’s access to the ramp between the street and sidewalk, which he needs to
safely get from the street to the sidewalk.
Based on the above, we respectfully request that the temporary berm and the stop sign (and
yellow arrow sign) be removed immediately to restore my father’s access to his house.
We also request that you direct the Transportation Department to consider a new design that
would not eliminate the accessible parking in front of our home.
Sincerely,
Lisa G. Lawson
i Menlo Park: https://menlopark.gov/Government/Departments/Public-Works/Transportation-Division/b-
Transportation-projects/Californias-Daylighting-law-Assembly-Bill-413; Los Altos:
https://www.losaltosca.gov/publicworks/page/californias-daylighting-law-ab-413 E. Palo Alto:
https://www.cityofepa.org/publicworks/page/californias-daylighting-law-assembly-bill-413.
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letters to PTC
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Item No. 2. Page 1 of 1
2
6
6
5
Planning & Transportation Commission
At-Places Memorandum
From: Chirag Panchal, Associate Engineer
Meeting Date: April 9, 2025
Item Number: 2
Report #:2503-4344
TITLE
Review of the Final Concept Design for the Permanent Installation of the Crescent Park Traffic
Calming Project
RECOMMENDATION
This At-Places Memorandum includes a correction to the staff report. Staff inadvertently left
out additional pages of Residents Letters to PTC (Attachment B) that included a letter
referencing exhibits that were missing. This memo provides an additional attachment with the
missing exhibits, now labeled as Attachment C.
ATTACHMENTS
Attachment C: Exhibits to Letters to PTC
APPROVED BY:
Jennifer Armer, Assistant Director
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At places memo Crescent
Park
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EXHIBIT A
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1 Planning & Transportation Commission
3 Council Chambers & Virtual
6:00 PM
6 Call to Order / Roll Call
6:01 pm
8 Chair Summa: Good evening and welcome to the regular Planning Commission meeting of June
th.
10
11 [automated voice announced recording in progress]
13 Chair Summa: Oh, good evening, welcome to the Planning Commission of June 14th. Ms. Dao,
14 could you take the roll, please?
15
16 Ms. Veronica Dao, Administrative Assistant: Chair Summa?
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18 Chair Summa: Present.
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20 Ms. Dao: Vice-Chair Chang?
22 Vice-Chair Chang: Here.
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1 Chair Summa: Yes.
3 Ms. Dao: Commissioner Templeton?
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5 Commissioner Templeton: Yes.
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7 Ms. Dao: Motion carries 6-0.
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9 MOTION PASSED 6(Akin, Chang, Lu, Reckdahl, Summa, Templeton) -0 -1 (Hechtman absent)
10
11 Chair Summa: Thank you very much. Would my colleagues like to take a short break before the
12 next item? Yes, okay. We will take a short break for 7-minutes, thank you very much.
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14 [The Commission took a short break]
16 Commission Action: Motion by Templeton, seconded by Reckdahl. Pass 6-0-1 (Hechtman
18 3. Review the Permanent Installation of the Traffic Calming Pilot Project in the Crescent
20 Chair Summa: And we will move on to our next item which is about the traffic calming issues in
22
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1 Mr. Ripon Bhatia, Senior Engineer: Good evening… ah, I can start whenever you are ready.
Mr. Bhatia: Good evening honorable Chair and Commissioner Members. Ripon Bhatia, Senior
A brief background, the residents of Crescent Park neighborhood expressed their concerns
10 about the cut-through traffic, congestion and speeding. That led to the development of a pilot
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1
I’ll now hand it off to Chirag Panchal who has been managing this project and will share the
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5 Mr. Chirag Panchal, Associate Transportation Engineer: Thank you, Ripon. My name is Chirag
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9 [note – unknown male speaker:] [off mic] Yes.
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11 Chair Summa: Yes, we can.
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13 Mr. Panchal: This is the presentation about traffic calming project Crescent Park neighborhood.
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18 Project information, the initial goal for this project was to improve the safety and quality of life,
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1
This slides shows the brief area for the Crescent Park project. It’s a bit bigger than that but this
10 the University Drive 50-foot protected bikeway. There are currently fortifiable bollards that
12
13 Location number one is the Southwood Drive and East Crescent Drive. This is the traffic calming
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18 The second location is the… just give you the picture and the idea of the oval shape and how it
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1 effectively working. I have driven a couple of times over there and then also observed after the
Location number three is University Avenue and West Crescent Drive. Here we can see the four
10 Before I go into the size I want to talk about that the average. The Staff collected the pre-pilot
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17 Moving forward to this slide, we also… after we saw the pre and post-pilot data collection and
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1 Southwood Drive and East Crescent Drive, which was the location number one, curb extension
As a next step for this project, we will be… Staff will be seeking the Council approval for
10 permanent installation after the PTC recommends and based on the PTC voting and approval.
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1 And at this point, this concludes my presentation and if you have any questions I’ll take the
Mr. Bhatia: And just to wrap up I just wanted to also add to the fact that yeah, certainly
10 Chair Summa: Thank you for that. I see that I already have a light from Commissioner Akin who
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13 Commissioner Akin: Yeah, I’ve got a couple. So, the residents original concerns were about cut-
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18 Mr. Panchal: Sure, I’m going back to this slide where it shows the picture. So, what’s happening
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1 are the tree main parallel streets, that’s where the cut-through traffic was mainly going through
The other also… the second point I also want to make sure to get it because I also work on the
10 So, to answer your questions, these are the cut-through traffic that we saw as a major impact
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13 Mr. Bhatia: And Commissioner Akin, if I might add? We looked at the pre-volume data on these
19 Commissioner Akin: Thank you, Mr. Bhatia, you’ve moved exactly into my second question
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1 project effects. So, I was curious as to the confidence level you had in the traffic volume effects
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4 Mr. Bhatia: Yeah and we cannot say with great certainty but we have noticed that on major
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11 Commissioner Akin: Thank you, those are the two questions I had.
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13 Chair Summa: Commissioner Chang [note – Vice-Chair Chang].
15 Vice-Chair Chang: Thank you. Do… does Staff have a sense of for the… you know when the
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1 Mr. Panchal: Sure, I can answer the question. I’m the one who piloted the comment. The
Vice-Chair Chang: Thank you and then what is the sample size here or approximately? What’s
10 Mr. Panchal: So, we’re looking at about 319 house… the residential household here and the
11 data is based on the 319 residential households. Each household can only vote one.
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13 Vice-Chair Chang: So, you’re saying that you got about 390 respondents?
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15 Mr. Panchal: Yeah, about that.
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17 Vice-Chair Chang: Thank you.
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19 Mr. Bhatia: I would… back to the… I think [unintelligible] you can correct, the number of
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Mr. Panchal: Yeah, I want to clarify that. The… so we… the zone… the project boundary was
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6 Mr. Bhatia: I believe it was a little less than 50 percent, but yeah, there was good participation
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9 Vice-Chair Chang: Okay so at least a third participated?
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11 Mr. Bhatia: Yes.
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13 Vice-Chair Chang: Okay perfect, thank you.
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15 Chair Summa: Commissioner Reckdahl.
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17 Commissioner Reckdahl: I’m looking at the traffic counts here, how much variability is there
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Mr. Panchal: Correct me if I’m wrong Ripon but the way we count the traffic is usually on
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11 Commissioner Reckdahl: Okay.
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13 Mr. Panchal: The… sorry to answer you question is from one week to another week, the traffic
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1 Mr. Bhatia: No, you summarized it pretty good, but Commissioner Reckdahl to answer your
Commissioner Reckdahl: You think a [unintelligible] of 5 percent, so when we… my concern is
10 Chair Summa: I have a couple questions. One is so was the University Avenue, maybe I missed
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14 Mr. Bhatia: No, we excluded that from the voting process since those are more likely actual
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19 Chair Summa: Thank you for that and then is the plan when they’re made permanent with two
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Mr. Bhatia: We would seek input from the residents and community in moving forward with the
Chair Summa: So, I think they would be much more successful and safe…the oval especially but
10 Commissioner Akin asked about.
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12 Given the inability to separate the pandemic effect from non-pandemic times. Would it be
13 better to do another year or some period of time of the trial?
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15 Mr. Bhatia: Certainly, we could extend the period of the pilot program but like I said we can
16 leave [unintelligible] some safety features as well. So, yeah it’s the… suddenly a feasibility…
17 feasible option.
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19 Chair Summa: Alright, I do see any other lights so I’d like to go members of the public. Do we
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Ms. Veronica Dao, Administrative Assistant: Yes, we have two in-person speakers. The first is
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5 Chair Summa: And do we have any out in Zoom land?
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11 Mr. James Girand: Thank you. There’s another Zoom person. My daughter is standing by and
12 would like to also make some comments after I’m finished. And I’ve live at 590 East Crescent
13 which is right at the berm on… you might put location one just for graphic (interrupted)
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15 Mr. Bhatia: Next slide.
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17 Mr. Girand: Just a second.
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19 Mr. Bhatia: Chirag, if you can pull the slide… Page 9?
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1 Mr. Panchal: Location one?
Mr. Girand: There you go, that’s… see I live just beyond the berm and I have to say that I hope
10 And that said, I’ve lived at 590 East Crescent Drive for 43 years and I have an office that is just
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16 I’m opposed to the installation of the berm at this intersection of location one. My home looks
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1 There are three primary reason I am opposed to the berm. It’s not safe. I see it on a dynamic
10 often swerving recklessly on an attempt to navigate around the barrier. On East Crescent, the
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14 There are no other berms of this size in any other residential neighborhood in Palo Alto. The
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1 on our beautiful tree lines streets in Crescent Park. I don’t understand how the Planning
Chair Summa: Okay and could you give us your name? I didn’t catch that.
10 Mr. Girand: Oh sure, James Girand. I’ve lived here… lived there for 43 years, I live alone and like
11 to see my beautiful area remain beautiful.
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13 Chair Summa: Okay and Mr. Girand’s daughter is signed up right?
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15 Ms. Dao: Yes, she’s the person (interrupted)
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17 Mr. Girand: [off mic] Lisa Lawson.
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19 Ms. Dao: Yes, Lisa Lawson is the one who’s on Zoom. You can unmute yourself, you have 5
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Chair Summa: Okay, thank you.
Ms. Lawson: Great, thank you, so my name is Lisa Lawson. I am one of the property owners of
10 issues raised by my father, Mr. Girand. I’m deeply concerned about the lack of thought give to
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14 The Transportation Office could have simply tried installing a stop sign at this intersection,
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1 implemented in any residential neighborhood in Palo Alto. Initially, when they installed it they
This leads to my second issue which is that the statistic, as the Commissioners have noted, of
10 as a result of the berm where in fact the result of an unprecedented global pandemic, and
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16 I am also deeply concerned about the Transportation Office failure to provide any proposal as
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1 solution for how this project will actually be executed. Will this berm be a peninsula filled in
I also want to note that the photo that Mr. Panchal showed of this intersection is warped and
10 views of what exactly this berm show or exactly how this berm is laid out. And it is significantly
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14 I also want to touch on one of the issues that Mr. Panchal and Mr. Bhatia spoke to with… which
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1 Chair Summa: Thank you. If any of my colleagues have questions for you, we will let you know
Ms. Dao: Yes, last speaker is Greg Welch.
Mr. Greg Welch: [off mic] Thank you. First of all, I’d like to thank the Staff of the transportation
10 pedestrian traffic. If you are in Crescent Park in the morning, you see literally dozens and
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15 A couple comments, first of all, the… during the lengthy process that the transportation
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1 slow down traffic and do not require a policemen standing there in a patrol car in order to
With regard to the data collection, we would all love to have perfect data. In fact, during the
10 The trials that were used by the transportation department are consistent with the excepted
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1 backing University up. The key thing to bare in mind is yes, the overall volume in our City has
So, as a resident, as somebody who walks their dog multiple times a day at morning and
10 Now, are there shortcomings with the temporary designs? Yes, and even I think the
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15 I think you also, if you ask them, if you said do the intersections conform to anything
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1 comprehensive redesign of these intersections. So, that they meet modern standards for
10 of residents coming together and spending hours and hours and hours with City Staff to just
11 continue on a process to improve our neighborhood. Thank you.
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13 Chair Summa: Thank you. Is that our final speaker?
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15 Ms. Dao: Yes.
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17 Chair Summa: Okay, thank you. I guess I already have a light here from Commissioner
18 Templeton.
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1 Commissioner Templeton: Thank you, Chair. Yes, it’s very interesting to see this, how it played
I have brought up a picture from Google Maps of what that berm looks like at point two and
10 can show. It does give a very good sense of the size and scope of that area. The size of the berm
11 and why someone who lives close to that and interfaces with it might be frustrated. Are you
12 able to bring that up using street view?
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14 Mr. Bhatia: Chirag or?
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16 Commissioner Templeton: For the benefit of my colleagues here, if you are able to bring that up
17 it’s worth the wait. I think it will be informative.
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19 Mr. Bhatia: I’ll try to bring it up.
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1 Commissioner Templeton: Yeah.
Commissioner Templeton: Excellent, can you proceed around the corner where you’re looking
10 Mr. Panchal: Let me know when to stop.
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12 Commissioner Templeton: You’re going the wrong way. Okay.
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14 Mr. Panchal: Let me know when to stop.
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16 Commissioner Templeton: If you can see the back of the stop sign that’s within the berm then
17 you’re looking at the right angle, the correct angle. So, you need to proceed further down East
18 Crescent and then rotate towards the house.
19
20 Mr. Panchal: Sure.
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1
Commissioner Templeton: Yeah, so it’s [unintelligible] to swing around to get in and out of that
I will say that the stories we heard back in 2018 were pretty compelling about why this was
10 dangerous. You heard some echoes of that tonight. Now, are there things that could be
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17 Regarding the irrigation, one of the things we’ve been trying to work on as a City is to irrigate
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1 this intersection and experience it. To make it beautiful and integrate into the neighborhood so
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5 So, I think all I can say is how much I appreciate people coming and sharing their thoughts
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9 Chair Summa: Commissioner Chang [Note - Vice-Chair Chang].
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11 Vice-Chair Chang: Thank you to both the or all three public comments. Really appreciate the
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16 Mr. Bhatia: Good even, Commissioner Chang [Note - Vice-Chair Chang]. To add to that, I just
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1 Vice-Chair Chang: And so how long has this been installed again and during the similar
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4 Mr. Bhatia: Let me run the one before. There was… let me get back to that one as I run the
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7 Vice-Chair Chang: Sure.
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9 Mr. Bhatia: I can see if we can answer other questions.
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11 Vice-Chair Chang: Okay and then in the mean time I’ll ask a second question of Mr. Panchal. Can
12 you review the process for what happens if this project moves forward in terms of the design
13 process? And then what are the steps or the review processes this goes through before actual
14 implementation if it goes… if we move this project forward?
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16 Mr. Panchal: Sure, let me go back to (interrupted)
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18 Vice-Chair Chang: There was a slide I think that you had.
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1 Mr. Panchal: Yeah, so at this point we don’t have the in detail of steps inside of what will be the
There are also some information that we need to look at as an engineer regarding the irrigation
10 debris doesn’t fall inside this curb if we were to make this as permanent. So, let's assume for
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16 Then once the design phase is 60 or 75 percent based on how the Staff feels during the
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1 concerns that we would come across or what is some litigations that we have to take into
Again, we also want to focus on the budget as well to how much budget we have because we
Vice-Chair Chang: So, is it going go… is it… so when City Council makes the approval for
10 back to any body for permanent approval or is that permanent… is the design approval
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13 Mr. Bhatia: Let me take that question, Commissioner Chang [note – Vice-Chair Chang]. So, our
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1 that our community is involved in the process with the… for the outreach feedback and input as
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4 So, at the initial level, at the time of the approval, after PTC approval we would have a
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9 Vice-Chair Chang: Okay so it would come back to PTC, is what you’re saying?
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11 Mr. Bhatia: We will certainly be able to come back to PTC.
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13 Vice-Chair Chang: I guess my other question is can we also study… in this design process can we
16 Mr. Bhatia: We can certainly look into it. The effectiveness of the stop sign is generally difficult
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1 Vice-Chair Chang: Thank you. I will say that one of the things that I am… as a comment. I am
10 Mr. Bhatia: And I have an answer for your collision data from before, so from 2016 to 2018
11 there were three collisions that were reported and that were reported in the [unintelligible]. So
12 that’s the data I’m looking at right now and there was one from (interrupted)
13
14 Vice-Chair Chang: What was the timeframe again?
15
16 Mr. Bhatia: From 2016 to 2018 there were three collisions at this location. So that is prior to the
19
20 Vice-Chair Chang: So, that’s an apples-to-apples timeframe?
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1
Mr. Bhatia: No, it’s not because we don’t have any much timeframe after the installation
Vice-Chair Chang: Yeah, I understand that. Okay, so it’s not an apples-to-apples timeframe and
Chair Summa: Commissioner Akin.
10 Commissioner Akin: I’m going to delve into the policy issues again for a minute here because
17
18 Taking a momentary deep dive into the data from this project. Lincoln Avenue between
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1 there that we’re not doing anything about. The average for all the neighborhood streets in this
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6 So, the policy implications here are that we need to do… we need to find a way, and I
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11 With respect to this project in particular, I’m extremely supportive with the warning that this is
16 Chair Summa: Commissioner Reckdahl.
17
18 Commissioner Reckdahl: Yeah, I was not on PTC at the time, so how did we chose these three
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Mr. Bhatia: Commissioner Reckdahl, sorry I was also not part of the team originally and this…
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9 Commissioner Reckdahl: Cari [note – Commissioner Templeton], did you have…?
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11 Mr. Bhatia: So, I’m (interrupted)
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13 Commissioner Templeton: If I recall, at the time, we had a transportation specialist on our
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1 there’s a lot of unknowns but it is good that we did a rapid prototype, like if you can call it rapid
Commissioner Reckdahl: Yeah, that was helpful.
Mr. Panchal: I would like to add to Ripon’s comment on this one. Strictly speaking from
10 engineering point of perspective is that the reason why the consultants and the Staff came up
18
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1 Commissioner Reckdahl: I have a lot of concerns about this. I mean overall, I think we have to
I’m not convinced that this is… that we have data to support that this is the right thing to do
For this bulb out, I’m not convinced that that’s… I can see that having a shallow corner, people
10 could take that faster but I’m surprised that we did this in the sense that I don’t think it would
12
13 I’m also concerned about the whack-a-mole. If you look at the stats, we have seen Lincoln get
17
18 The other thing is that these are really ugly right now and I’m concerned about putting concrete
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1 would not want that in front of my house. If filled with flowers, maybe I would want it and so I
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6 But if we could… so there’s a lot of tradeoffs here and the other thing is the City does not have
7
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11 So, my personal preference would be to kick this can down the road another year and let’s see.
17 Chair Summa: Commissioner Lu.
18
19 Commissioner Lu: A couple quick questions. Was there any pedestrian or cyclist data on any of
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1
Commissioner Templeton: Transportation Staff, that’s questions for you.
Mr. Panchal: We did not collect the pedestrian or the bicycle data since the initial… the concern
However, we did want to take into account for the bicyclist and that’s why we chose the
10 number… location number three by the University and West Crescent Drive. To protect the bike
11 lane and that’s… we thought that bikers are may be at risk due to this driving behavior and cut
12 through traffic.
13
14 Commissioner Lu: And can Staff give context or talk about the literature or best practices
19
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1 Mr. Panchal: So, in general, for the radius, from engineering… strictly speaking from the
So, to answer your question we could have bigger but then the fire truck would not be able to
10 move. They would have to move over the oval shape and we would have to design based on
12
13 Mr. Bhatia: To add to the question Commissioner Lu, is that yes? The greater the radius on the
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1
Commissioner Lu: Thank you.
Chair Summa: Commissioner Templeton, do you want to go again or? Okay go, then I’ll go.
Commissioner Templeton: Okay, sorry just following up on some of these questions. So, first of
10 we do need to be able to measure that and it sounds like there’s not only a discussion about
15
16 Mr. Bhatia: Chirag, have you… been to that intersection notice any through-the-stop sign
18
19 Mr. Panchal: Can you repeat the question regarding the last few sentence? Is it regarding the
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1
Commissioner Templeton: Yep. Yes, so we had a testimony tonight from a public comment
Mr. Panchal: Sure, I did observe it. I did go multiple times before the pilot installation. The Y
10 many drivers would swirl around that from Crescent Drive to Southwood Drive and basically a
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1
The second point I noted was that the stopping sign and I think the resident mentioned that
Commissioner Templeton: Yes, I mean, okay. Fair enough, yes people should obey the controls
10 if stop signs were still being run and if there was something our design could focus on that
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1 with… if we move forward tonight, do we have to go with the design of the traffic calming thing
Mr. Bhatia: Commissioner Templeton, if I may add, we can work with the residents and
10 elements and can incorporate and at the time when we bring back the concept plan after
15
16 And at the same time, we can do some additional data like Commissioner Chang [note – Vice-
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1 Commissioner Templeton: Thank you so much, Mr. Bhatia. I think that’s a really important
Mr. Bhatia: Yes, we’ll conduct an outreach to seek input and feedback from… especially from
Commissioner Templeton: I think that would be helpful and you sound like you’re willing to, as
10 part of the design process, make adjustments to accommodate feedback… specific feedback
13
14 So, with that, for me, I’m a lot more satisfied about moving forward because there are some
19
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1 Chair Summa: Thanks, and now the Chair’s going to exercise her right to speak. So, little
10 I think these three things are very different. I think the oval circle is kind of a no-brainer and I’ve
17
18 So, and it is totally unacceptable to have curbs, which have to be kind of mountable for
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1 whether they’re circle circles or oval circles, they are much safer when landscaped because
So, I would be willing to move ahead and I am sort of trusting Staff on University that that’s the
10 Vice-Chair Chang: [off mic] Not landscaped.
11
12 Chair Summa: Not landscaped, sorry and I think Mr. Girand’s bulb out needs to be rethought
13 completely, to be honest. And I’m fine with University if bike people are fine with that and we
14 haven’t heard from anybody. I wouldn’t bike down University Avenue to test it frankly.
15
16 Commissioner Reckdahl: Do we know, has PABAC have an opinion on this?
17
18 Chair Summa: I don’t know if the… our Staff consulted PABAC but.
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1 Mr. Bhatia: Staff… this particular item did not go to the PABAC but we did not hear any negative
3
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5 Chair Summa: Yeah, well that’s good. I will mentioned that PABAC does not represent all the
6
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11 Commissioner Templeton: I think that’s a good solution. I think in order to get funding for the
14 Chair Summa: I think or they can all be in the motion but (interrupted)
16 [note – Commissioner Templeton and Chair Summa began talking at the same time]
18 Chair Summa: So, I don’t know, if somebody… that’s my thinking. I see a light from… oh and I do
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1
And the other thing that’s really hard to with traffic calming is the whack-a-mole effect. It’s
3
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7 Commissioner Lu: [off mic] I would love to speak.
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9 Chair Summa: Yeah, okay. You don’t want to speak? Okay. Commissioner Lu?
10
11 Commissioner Lu: I just wanted to give a couple ticks. Tighter turning radiuses are empirically
16 Chair Summa: For East Crescent?
17
18 Commissioner Lu: Yeah, for the East Crescent/Southwood turn-off. So, I feel like it could be a
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1 part of this or least part of Staff’s proposed next steps if we approve this as a permanent or if
Chair Summa: I have a couple more lights. Commissioner Reckdahl.
Commissioner Reckdahl: I don’t think we have the money to do both of them right. I’d rather to
10 to me the obvious one to do right would be the traffic circle.
12 Chair Summa: Commissioner Templeton.
13
14 Commissioner Templeton: With respect, I think the money argument is irrelevant to this body’s
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1 forward with very clear instructions in an optimistic way and leave the option for Council to
Commissioner Reckdahl: I think something has to be addressed there. I’m not convinced that
Commissioner Templeton: Can we study it?
10 Commissioner Reckdahl: Oh yeah.
11
12 Commissioner Templeton: I mean that’s really (interrupted)
14 Commissioner Reckdahl: I’m not opposed to this, I just think two constraints. One we better
17
18 Chair Summa: I think the thing that’s different about East Crescent is that when you attach that
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1 And so, it… I don’t think… some… because there’s no sidewalks it really looks like an extension
Commissioner Templeton: I’m happy to do so and I just want to say that I think it’s a matter of
10 being explicit. What you just said Chair needs to be in the motion that the current design is not
11 acceptable and further study is required. Would that be okay? Okay.
12
13 Commissioner Akin: Just a second.
14
15 Commissioner Templeton: Yeah.
16
17 Commissioner Akin: I requested a chance to speak so if you’re… when you’re done, may I follow
18 up?
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1 Commissioner Templeton: I was just going to make a motion per Chair’s request so please
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4 Commissioner Akin: Okay, just we need to be careful here because we’re second-guessing a lot
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11 Commissioner Templeton: I am not sure that design has happened yet, so I’m not sure we’re
12 second-guessing engineering design because that’s what we’re going to try and move forward
13 with.
14
15 Commissioner Akin: No, the pilot, the pilot is the result of a design process which included a lot
16 of public input as well.
17
18 Commissioner Templeton: It is certainly not the level of design we’re asking for if we move it
19 forward.
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1 Commissioner Akin: I understand the concern and I appreciate it actually, but I also have a
Commissioner Templeton: How about I give it a try, [unintelligible] a motion and if you have
Chair Summa: [unintelligible – spoke off mic]
10 Commissioner Lu: Oh, I’m I’ll just second Commissioner Akin’s comments. It should empirically
17
18 Commissioner Templeton: It’s not a design, we haven’t approved design yet. That phase has not
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1 heard from other Commissioners that what we’re seeing is problematic and requires further
Commissioner Lu: Yeah, I agree and I think if we move forward explicitly there will be a design
MOTION
10 Commissioner Templeton: Okay, so I’m going to give it a try and if you guys… any if anyone’s
17
18 Commissioner Reckdahl: [unintelligible – off mic]
19
20 Mr. Bhatia: Native?
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1
Commissioner Templeton: Native, thank you. I have… I’m drawing a blank, I’m getting… it’s
Chair Summa: Okay.
10 Commissioner Templeton: Suggestions?
11
12 Chair Summa: Well, Mr. Bhatia… so, if we can wait for a second till after he has a chance.
13
14 Mr. Bhatia: Thank you, Chair and actually, I was going to say that the refinement of that design,
15 the pilot design, in the plan of the engineering department. So, if that is the intent to refine and
16 seek input from the fronting property owners. That is intent of our next steps.
17
18 SECOND
19
20 Vice-Chair Chang: I’ll second.
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1
Chair Summa: I have… would you like to speak to your motion, Commissioner Templeton?
Commissioner Templeton: Yes, I’ll be brief, I know it’s late. Just to say that we do have pilots for
10 Vice-Chair Chang: I’d like to speak to the second. I do think that one and three seem pretty
20
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1 Commissioner Templeton: I don’t see why not. I mean that’s what we’re discussing.
Commissioner Templeton: They’ve heard the feedback here and that’s what Commissioners are
FRIENDLY AMENDMENT
10 Vice-Chair Chang: So, do we need to be more explicit about that because I don’t want to say
11 that we’re specifically signing off on a bulb out? I mean if the design team were to say oh, and
12 we think that actually here a speed tables would be better. I certainly wouldn’t want to… I don’t
13 want to preclude that.
14
15 MOTION AMENDED
16
17 Commissioner Templeton: So, let's add that point number three should come back before the
18 Commission with the next iteration.
20 Vice-Chair Chang: [unintelligible] two?
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1
Commissioner Templeton: Point number two, thank you so that we can confirm that our
Vice-Chair Chang: Or at least come to us with an evaluation of other or you know, if… a reason
10 Commissioner Templeton: That seems fair to me.
11
12 Vice-Chair Chang: Okay so (interrupted)
13
14 Commissioner Templeton: But (interrupted)
15
16 Vice-Chair Chang: Amended and seconded.
17
18 Commissioner Templeton: Yes, and just to clarify for Staff because I can see you guys looking at
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1 we want to have safety improvements in these three areas. Two are ready to go, one needs an
Mr. Bhatia: Commissioner (interrupted)
Mr. Bhatia: Chair, I’d like to add that any traffic calming device will need to go through the
10 Council or the City engineer. So, as a recommendation from the Staff, so we follow the traffic
15 Chair Summa: Just for that one intersection, correct?
16
17 Mr. Bhatia: Correct, so if we were move forward with the redesign efforts then we would have
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1 Commissioner Templeton: Are you saying that you would try to push through this one because
Mr. Bhatia: No, we will take the feedback but if we were to change the design, like if we are
10 but if we were to change the element, like from a bulb out to say a traffic circle; or if the
15 Commissioner Templeton: Well, thank you for letting us know that part about the process. So,
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1 Mr. Bhatia: No, Commissioner Templeton, that’s all the intent. We want to move forward with
Chair Summa: Commissioner Reckdahl.
Commissioner Reckdahl: I mean the one thing that makes me uncomfortable is that I have to
10 think that someone looked at things like speed bumps or whatever and it would really help us if
12
13 Mr. Bhatia: Generally, it’s the neighborhood residents that are not in favor of those. That’s
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1
Commissioner Reckdahl: So, does the transportation department have some document that
Mr. Bhatia: I do not have the entire document but I’m… you know I can check with our Staff to
10 Vice-Chair Chang: I think (interrupted)
11
12 Mr. Bhatia: We need to go through their own qualification process also.
14 Chair Summa: So, I don’t think our intention was to redesign that area tonight, but just to say
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1
Commissioner Akin: Can we restate the motion for clarity? I mean for (interrupted)
Commissioner Templeton: I knew you were going to ask that. I don’t know if I remember the
MOTION RESTATED
Chair Summa: So, let me restate the motion. The motion is to move to make permanent
10 numbers one and numbers three, but number three only with a condition that it be landscaped
11 and that we think number two needs more work. Maybe it just needs to be refined as a bulb
12 out that’s more suitable with more conditions that meet… that are better, but (interrupted)
13
14 Commissioner Templeton: With input directly of adjacent property owners.
15
16 Chair Summa: Yes.
17
18 Commissioner Lu: So, it needs more work but it will be up in the interim and also, just evaluated
19 by Council when it comes to them.
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1 Chair Summa: Yeah and I mean that’s much simpler than what Commissioner Templeton said
3
4 Commissioner Lu: [off mic] Just wanted to confirm.
5
6 Commissioner Templeton: So, should we explicitly say that the temporary one stays in place
7
8
9 Chair Summa: I think that’s already a part of the process.
10
11 Commissioner Templeton: Great.
12
13 Chair Summa: Okay, everybody ready to vote, or do we have any (interrupted)
14
15 Vice-Chair Chang: Did we need… part of that also or part of her motion was also that specific to
16 number two, it would come back to PTC after… assuming that Council approves the
17 recommendation from us.
18
19 Chair Summa: Okay and that number two will come back to the Planning Commission.
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1 Mr. Bhatia: We’ll bring back all three of them for your review… both of them for your review
3
4
5
6 Chair Summa: That’s what… thank you. That’s what I thought, we don’t need to say that
7
8
9 VOTE
10
11 Ms. Dao: Commissioner Templeton?
12
13 Commissioner Templeton: Yes.
14
15 Ms. Dao: Chair Summa?
16
17 Chair Summa: Yes.
18
19 Ms. Dao: Commissioner Reckdahl?
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
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 to accommodate a larger number of speakers.
Item 2
Attachment C - Exhibits to
Letters to PTC
Packet Pg. 92
1 Commissioner Reckdahl: Yes.
3
4
5
6
7 Ms. Dao: Vice-Chair Chang?
8
9
10
11 Ms. Dao: Commissioner Akin?
12
13 Commissioner Akin: Yes.
14
15 Ms. Dao: Motion carries 5-1.
16
17 MOTION PASSED 5(Akin, Chang, Reckdahl, Summa, Templeton) - 1(Lu) - 1(Hechtman absent)
19 Chair Summa: Thank you everyone and thank you to the members of the public who stuck it out
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
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 to accommodate a larger number of speakers.
Item 2
Attachment C - Exhibits to
Letters to PTC
Packet Pg. 93
1
Commissioner Reckdahl: [off mic] Speak to the no vote.
Chair Summa: Oh, I’m sorry. Would you like to speak to your no-vote?
Commissioner Lu: I mean I think my opinion is clear. It is safer and it’s just less thrashy and I
Chair Summa: Okay, thank you for that and then our last item this evening is approval of the
10 minutes.
11 Commission Action: Motion by Templeton, seconded by Chang. Pass 5-1-0-1
12 Approval of Minutes
13 Public Comment is Permitted. Five (5) minutes per speaker.1,3
14 4. Approval of Planning & Transportation Commission Draft Verbatim and Summary
16 Chair Summa: Draft verbatim and summary minutes of May 10th. Do I have a motion? Nobody
17 wants to make a motion.
18
19 Vice-Chair Chang: [off mic] Bart’s [note – Commissioner Hechtman] is not here.
20
21 MOTION
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
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 to accommodate a larger number of speakers.
Item 2
Attachment C - Exhibits to
Letters to PTC
Packet Pg. 94
EXHIBIT B
Item 2
Attachment C - Exhibits to
Letters to PTC
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Item 2
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PTC
Packet Pg. 96
EXHIBIT C
Item 2
Attachment C - Exhibits to
Letters to PTC
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Item 2
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PTC
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EXHIBIT D
Item 2
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Letters to PTC
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Item 2
Attachment C - Exhibits to
Letters to PTC
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EXHIBIT E
Item 2
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Letters to PTC
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Item 2
Attachment C - Exhibits to Letters to
PTC
Packet Pg. 102
Item No. 3. Page 1 of 8
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: April 9, 2025
Report #: 2503-4302
TITLE
Recommendation on an Ordinance Amending Various Palo Alto Municipal Code Chapters in
Title 16 and 18 due to Direction from the California Department of Housing and Community
Development (HCD) Regarding State Accessory and Junior Accessory Dwelling Unit Law. CEQA
Status - Exempt From the Provisions of the California Environmental Quality Act (CEQA)
Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends the Planning and Transportation Commission (PTC) take the following
actions:
1.Receive public testimony and review the draft ordinance (Attachments A and B), and
responses to feedback received from HCD (Attachments C and D); and
2.Recommend that City Council adopt the draft Ordinance (Attachment A) amending Palo
Alto Municipal Code (PAMC) Title 16 (Building Regulations) and Title 18 (Zoning)
regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units
(JADUs).
EXECUTIVE SUMMARY
On October 29, 2024, Palo Alto received a letter from HCD (Attachment C) regarding the City’s
ADU ordinance, which Council adopted in May 2023(1)(2). HCD raised 20 aspects of the
ordinance that they thought conflicted with State law or otherwise required further clarification
in the ordinance based on recent State laws that were adopted between 2024 and 2025.
On November 26, 2024, City staff responded to HCD’s letter, identifying where the City would
update the ordinance to comply with State law and the requested clarifications (Attachment D).
HCD did not provide additional feedback in response to this letter. Rather than wait for HCD to
respond, staff recommends revising the City’s ordinance to comply with HCD’s requests.
Attachment A is a clean draft of the proposed changes to the existing ordinance and
1 May 15, 2023 Council Meeting (Action Item #13):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=11318
2 Ordinance 5587: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=48255
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Item No. 3. Page 2 of 8
Attachment B is an annotated version of the ordinance which keys to the specific changes HCD
requested from their letter in Attachment C.
BACKGROUND
State ADU Laws
Assembly Bill (AB) 2533
Senate Bill (SB) 1211
SB 477
AB 976 and AB 1033
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Item No. 3. Page 3 of 8
a. Removed the existing 2025 sunset prohibition on a local agency imposing an owner-
occupancy requirement on any ADU and would instead prohibit a local agency from
requiring owner-occupancy for an ADU (Gov. Code, § 66315).
b. Authorized a local agency to adopt a local ordinance to allow the separate conveyance
of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions
(Gov. Code, §§ 66340-66342). Specifically:
i. Condominiums shall be created pursuant to the Davis-Stirling Common Interest
Development Act.
ii. Condominiums shall be created in conformance with the Subdivision Map Act.
iii. Requires a safety inspection of the ADU prior to recordation of the condominium
plan.
iv. Requires lienholders’ consent prior to recordation of the subdivision map or
condominium plan.
v. The local agency shall provide notice to consumers regarding requirements,
establishment of condominium, and lienholder consent.
vi. Requires homeowner notice to utilities.
vii. The owner of a separate interest in an existing planned development must obtain
express written authorization from the association.
Staff Response to HCD Letter
After providing a response to HCD, staff revisited their responses. While in some cases staff
believes no changes are needed to comply with State law, staff also endeavors to avoid the
continued ambiguity in whether the City’s ordinance complies with State law caused by HCD’s
delayed responses. When asked, HCD staff noted that they do not provide official pre-reviews
of ADU/JADU ordinances prior to adoption.
ANALYSIS
Many of HCD’s comments were minor clarifications, which appear in the annotated draft
ordinance (Attachment B) with comment bubbled responses indicating which response
addresses specific items listed in the HCD letter. In many cases, the proposed adjustments
clarify existing policy to provide assurance to the State and the public that the City’s ordinance
should be interpreted in a manner consistent with State law.
Other items (such as #3, #10, #12, #17 and #20 in the HCD letter, Attachment C) are more
significant changes to City policy. HCD has not responded to the City’s November 26, 2024
letter (Attachment D). These changes are discussed in more detail below. While staff believes
that there are strong arguments in support of the City’s position on these issues, it is possible
that HCD’s eventual response will require further modifications to the ordinance. Given the
uncertainty around when the City can expect a detailed response from HCD, staff recommends
proceeding with the updated ordinance.
Unit Allowance (Item #3 in HCD Letter)
As noted in HCD’s comment (Attachment C), the phrasing in Government Code Section 66323
provides the opportunity for homeowners to develop four units on their parcel inclusive of the
primary home: one attached ADU (converted from existing or proposed space within the
Item 3
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Packet Pg. 105
Item No. 3. Page 4 of 8
buildable area), one detached ADU, and one JADU (also converted from existing or proposed
space within the buildable area). This is a recent interpretation of State law since 2024 which
was reinforced in HCD’s recently updated Accessory Dwelling Unit Handbook (January 2025)3
published on their ADU website.4
While this interpretation allows for greater density to be developed, it is also important to
note:
1) This only applies to single-family homes – duplexes and multifamily limits remain the
same;
2) There is no defined limit to the size of this new type of ADU – this could result in
attached ADUs equal to the size of the primary home; and
3) The City could expand the 800 square foot bonus the City provides under PAMC Section
18.09.040 for ADU/JADUs to split it between three units instead of two.
Expanding the 800 square foot exemption under PAMC Section 18.09.040 could provide for
additional unit development at a smaller scale if a property owner does not want to build an
attached ADU, without limiting their allowable square footage for the primary home. Staff has
updated the draft ordinance to allow these three units to share the bonus square footage in
order to incentivize additional unit development.
While not included in HCD’s letter, the City is also required to update the number of multifamily
detached units required under PAMC Section 18.09.030. AB 1211 requires Cities to allow up to
eight detached ADUs on an existing multifamily property, or the existing number of units on a
multifamily property; projects with a proposed multifamily development are limited to only two
detached ADUs. These units do not have a maximum size associated with them, nor can the City
require additional open space or landscape requirements that could provide a buffer between
the existing units on site or neighboring properties as the State prohibits local regulations from
applying to these project types. Staff has received more applications on multifamily sites for
detached ADUs or conversions of existing garages to ADUs and expect that more projects will
be received in the future with this additional change to the regulations.
PAMC Section 18.09.040 JADU Provisions (Item #10 in HCD Letter)
In 2020, the City updated its regulations to provide additional flexibility for JADU development
by:
1) Allowing JADUs to be an addition to a home rather than a conversion of existing space;
2) Allowing JADUs to have a four-foot setback similar to attached or detached ADUs;
3) Providing a 500 square foot bonus to a property’s allowable floor area and lot coverage
to build a JADU; and
3 HCD ADU Handbook (January 2025): https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-
handbook-update.pdf
4 HCD ADU Website: https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units
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Item No. 3. Page 5 of 8
4) Sharing the bonus floor area between a JADU and ADU.
As a result of these changes, between late 2020 through the 2024 Annual Report,5 the City has
received roughly 120 JADU applications. Prior to the code change, the City only received three
JADU applications. HCD’s comment letter (Attachment C) contests that these provisions conflict
with State law as JADUs may only be constructed within existing or proposed areas for the
single-family home – effectively limiting JADU creation to the underlying setbacks, floor area,
lot coverage, and similar regulations that apply to the primary home.
Staff notes that Government Code Sections 66333 through 66339 provides cities with the
authority to establish regulations for JADUs that is distinct from the authority cited by HCD. As a
Charter City, Palo Alto is also able to adopt local development programs that do not conflict
with State law. Staff believes that these local incentives do not conflict with State law because
they are more permissive than what State law provides. The State has not substantially
modified its JADU regulations since 2017 to incentivize JADU development, only ADU
development. Eliminating these provisions would significantly hinder the City’s ability to
develop JADUs and limit homeowner’s options to develop second units that meet their needs.
To address HCD’s concerns while still incorporating these incentives into the ordinance, the
draft ordinance recommends the following:
1) Remove the existing provisions for JADUs from PAMC Section 18.09.040;
2) Adopt a bonus provision for the primary home when a JADU is created (now reflected as
PAMC Section 18.09.050(f)); and
3) Adopt a finding which declares PAMC Section 18.09.050(f) is consistent with State law.
It is important to note that this provision could be interpreted to allow for a larger home to be
built regardless of the size of a JADU (e.g. a homeowner could build a 150 square foot JADU and
use the remaining square footage as an addition to the home). Alternatively, the PTC could
recommend removing the provisions entirely from the ordinance, as HCD requested, or
maintaining the provisions in PAMC Section 18.09.040 and adopting the suggested finding that
these regulations are more lenient than State law.
Palo Alto Local Inventory of Historic Resources (Item #12 in HCD Letter)
HCD states the City may not require ADU/JADUs to comply with the Secretary of Interior’s
Standards for the Treatment of Historic Properties if the property is not listed on the California
Register of Historical Resources (CRHR). This would impact roughly 350 properties on the local
historic registry that are not on the CRHR and vary from Category 1 to 4 in terms of historical
significance (the lower number rating being the more historically significant). Currently, the City
may require any exterior alteration to a historic structure/site that is a Category 1 or 2
resource, or within a historic district, to be reviewed by the Architectural Review Board and/or
Historic Review Board to ensure the modification doesn’t impact the integrity of the resource.
5 2024 Annual Report: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-
services/long-range-planning/adu/2024-annual-adu-report.pdf
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Item No. 3. Page 6 of 8
By removing this provision, any attached ADU/JADU proposed on a Category 1 or 2 property
may result in modifications that impact the integrity of these local resources, without a remedy.
While the City does not have the authority to require additional changes based on the language
in State law, it is important to note there could be impacts to the integrity of existing and future
local resources.
Kitchen Requirements for ADU/JADUs (Items #17 and 20 in HCD Letter)
6 (see page 8 of 18).
Miscellaneous PAMC Updates to Comply with ADU/JADU Regulations
STAKEHOLDER ENGAGEMENT
The PAMC requires notice of this public hearing be published in a local paper at least 10 days in
advance. Notice of a public hearing for this project was published in the Daily Post on March 28,
which is 12 days in advance of the meeting.
6 Palo Alto ADU Handbook: https://www.cityofpaloalto.org/files/assets/public/v/1/development-
services/planning-review/1.-single-family-and-duplexes/2024-adu-handbook.pdf
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Item No. 3. Page 7 of 8
City to adopt; however, there are topics from the letter that staff has previously received
Commission and Council direction on (e.g. Utility project review process improvements, impact
fee changes, etc.). A few topics, such as increasing the height of detached ADUs to 20 feet,
increasing the maximum size of ADUs to 1,200 square feet, or allowing flood zone height
extensions were previously discussed with the PTC and didn’t have support for adoption at
those times. Regardless, staff is available to discuss these items in more detail during the
hearing, if needed.
Deferring Impact Fee Payment for ADUs
7 allows certain
residential development projects to defer payment of those fees until occupancy of the
building. In response to this State law, the City now has a template8 for applicants to fill out and
submit to their project planner to streamline the process. Once the form is filled out and
submitted to staff, it is circulated internally to get all the necessary signatures from City staff;
afterwards, it would go back to the property owner to record at the County. There are nominal
recordation fees at the County for recording documents against a property. These additional
steps and recordation at the County are only required if differed payment is requested. Current
options include:
ENVIRONMENTAL REVIEW
The adoption of the Draft Ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines sections 15061(b)(3), because it constitutes amendments to the City’s zoning
code to conform with preemptive State law, including Article 2 (commencing with Section
66314) and Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of,
the Government Code. As such, it can be seen with certainty that the proposed action will not
7 SB 937 Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB937
8 Deferred Fees Template: https://www.cityofpaloalto.org/files/assets/public/v/1/development-services/planning-
review/6.-planning-fees/template-deferral-of-impact-fees.pdf
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Item No. 3. Page 8 of 8
have the potential for causing a significant effect on the environment.
ALTERNATIVE ACTIONS
In addition to the recommended action, the PTC may:
1. Recommend approval with modifications to the ordinance;
2. Recommend denial of the draft ordinance with revised findings; or
3. Continue the hearing to a date (un)certain with specific direction.
Attachment A: Draft Ordinance (Clean Version)
Attachment B: Draft Ordinance (Annotated Version)
Attachment C: HCD Response to ADU Ordinance
Attachment D: Staff Response to HCD
Attachment E: Public Comment
Garrett Sauls, Principal Planner
Item 3
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*NOT YET APPROVED*
1
0160107_20250402_ms29
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building
Regulations) and Title 18 (Zoning) of the Palo Alto Municipal Code to Amend
Requirements Relating to Accessory Dwelling Units and Junior Accessory
Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
A. In 2023, the City of Palo Alto adopted Ordinance 5585, amending the City’s requirements
for ADUs and JADUs to reflect changes in State law and guidance from the California
Department of Housing and Community Development (HCD).
B. On October 29, 2024, the City received a letter from HCD commenting on aspects of the
City’s J/ADU ordinance that HCD found inconsistent with State law.
C. California Government Code section 66326(b)(2) requires that the City either amend its
ordinance as indicated in the letter or adopt the ordinance without the changes and include
findings that explain the reasons the City believes the ordinance complies with State J/ADU
law.
D. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto now intends to amend its J/ADU ordinance in response to
each of HCD’s comments.
E. Additionally, the City now adopts explanatory findings to accompany the amendments in
response to several of HCD’s comments.
F. HCD Comment 9 states, “The Ordinance makes several references to Chapter 8.10, the
City’s Tree and Landscape Preservation and Management regulations, and requires that
elements of ADU development conform to Chapter 8.10…The City should amend the
Ordinance to ensure that compliance with this ordinance section will not delay or cause the
denial of an ADU or JADU building permit or use permit.” The City now intends to amend its
ADU ordinance to eliminate references to Chapter 8.10. Additionally, the City now amends
its Chapter 18.09.040 to include objective landscape requirements for those ADUs that are
subject to local standards, pursuant to Government Code section 66314(b). These landscape
requirements include adherence to applicable objective landscape standards in the Tree
and Landscape Technical Manual for the protection of trees during construction. The City
Council finds that the standards in the Tree and Landscape Technical Manual for the
protection of trees during construction are industry standard best practices for construction
and are typically imposed as conditions of approval. Consistent with HCD’s comment, the
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 111
*NOT YET APPROVED*
2
0160107_20250402_ms29
ordinance will clarify that the Tree and Landscape Technical Manual’s standards for tree
protection during construction are not a cause of delay or denial of an ADU or JADU permit.
G. HCD Comment 10 states, “The Ordinance describes JADUs in the section ‘Units Subject to
Local Standards’ and creates governance of JADUs that ‘do not qualify for approval under
section 18.090.030.’ However, all JADUs are created pursuant to Government Code section
66323, subdivision (a)(1), and would therefore be approved under section 18.090.030. The
City must remove references to JADUs in this section.” The City Council finds that this
comment is incorrect; although some JADUs are created pursuant to Government Code
section 66323, JADUs may also be created pursuant to Government Code sections 66333-
66339 (also known as “Article 3”), which begins with the statement “Notwithstanding
Article 2 (commencing with Section 66314 [and including section 66323]), a local agency
may, by ordinance, provide for the creation of junior accessory dwelling units in single-
family residential zones” (emphasis added). Nonetheless, through this Ordinance, the City
intends to remove all references to JADUs in Section 18.09.040, “Units Subject to Local
Standards.” All JADUs that meet the requirements of Government Code section 66323(a)
will be subject to the ministerial approval provisions in Chapter 18.09.030. Additionally, in
order to further incentivize the construction of JADUs, the Ordinance allows a 500 square
foot bonus for the primary dwelling unit where a JADU that meets the conditions in
18.09.050(f) is constructed on site. The City Council finds that this additional incentive
provided in 18.09.050 does not conflict with Government Code sections 66310-66342
because it liberalizes the City’s regulations for primary residences and does not regulate the
construction of JADUs.
H. HCD Comment 14 states, “Section 18.09.040 (l) – Parking Exceptions – The Ordinance does
not provide for exemptions to parking requirements pursuant to Government Code section
66322, subdivisions (a)(1) through (a)(6)…Therefore, the City must amend the Ordinance to
add the required exemptions.” Table 1 and 2 of PAMC 18.09.030 and 18.09.040, as well as
Table 1 of PAMC 18.52.040, indicate that parking is not required for newly constructed
ADUs or JADUs. Additionally, this Ordinance amends PAMC 18.09.040(l) so that the City no
longer requires replacement parking for ADUs or JADUs under any circumstance. Because
the Ordinance as amended imposes no parking requirements for J/ADUs, it does not
enumerate the exemptions to parking requirements described in Government Code section
66322(a)(1)-(6).
I. On September 19, 2024, the Governor signed Senate Bill (SB) 1211, effective January 1,
2025. SB 1211 allows up to 8 detached accessory dwelling units (ADUs) on parcels with
existing multifamily development and provides that cities can no longer require
replacement parking for uncovered parking spaces that are removed for an ADU.
J. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to amend its J/ADU ordinance to implementing SB
1211 and to make additional clerical amendments and minor amendments to conform with
State law.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 112
*NOT YET APPROVED*
3
0160107_20250402_ms29
K. Section 9 of this Ordinance amends Chapter 16.04 (California Building Code, California Code
of Regulations, Title 24, Part 2, Volumes 1 &2) of Title 16 (Building Regulations) of the Palo
Alto Municipal Code. This is an administrative amendment to clarify and establish civil and
administrative procedures, regulations, or rules to administer the enforcement of Title 16.
In particular, it clarifies that while the California Building Code definitions of “gross floor
area” and “net floor area” apply for the purposes of enforcing Title 16, for the purposes of
enforcing the zoning code (Title 18 of the Palo Alto Municipal Code), the definitions in Title
18 apply. This amendment is not a building standard as defined in Health and Safety Code
section 18909.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling
Units) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as
follows (additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and
junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's
housing stock and additional affordable housing opportunities. These units shall be
separate, self-contained living units, with separate entrances from the main residence,
whether attached or detached. The standards below are provided to minimize the
impacts of units on nearby residents and throughout the city, and to assure that the
size and location of such dwellings is compatible with the existing or proposed
residence(s) on the site and with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home, ADU, and/or a JADU on a lot that allows for single-family
development shall not be considered a multifamily development pursuant to PAMC
Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code sections 6632365852.2, subdivision (e) provides that certain units
shall be approved notwithstanding State or local regulations that may otherwise
apply. The following types of units shall be governed by the standards in this section.
In the event of a conflict between this section and Government Code section
6632365852.2, subdivision (e), the Government Code shall prevail.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
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i. An ADU and JADU within the existing space of a single-family dwelling or an
ADU within the existing space of an accessory structure (i.e. conversion
without substantial addition).
ii. An ADU and JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing
single-family dwelling, provided the ADU does not exceed 800 square feet,
sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks, or the
maximum height described in subparagraph (A), (B), or (C) of paragraph (4)
of subdivision (b) of Government Code Section 66321, as applicable.
iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to two eight detached ADUs on a lot with an existing multi-family
dwelling, provided that the number of ADUs does not exceed the number of
existing units on the lot.
vi. Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached
ADU/JADU
Within the
Proposed Space
of a Single-
Family Home
New
Constructio
n of
Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction
of Detached(4)
ADU on a site
with Proposed
Multi-family
Structure
Number
of Units
Allowed
1 ADU and 1 JADU 1 Attached ADU, 1 Detached
ADU, and 1 JADU
25% of the
existing units (at
least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum 150 sf
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
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size(1)
Maximum
size(1) N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from
side and
rear lot
lines;
underlying
zoning for
front
setback
N/A
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
Daylight
Plane N/A N/A
Maximum
Height(3) N/A 16(5) N/A 16(5)(6)
Parking None
State Law
Reference
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(
1)(B)
66323(a)(2)
65852.2(e)(1)(C) 66323(a)(3) 65852.2(e)(1)(
D)66323(a)(4)
(1) Lofts where the height from the floor level to the underside of the rafter or finished roof
surface is 5' or greater shall count towards the unit’s floor area.
(2) New construction must be consistent with allowable space (e.g. FAR, Lot Coverage) of a
single family residence, except that up to 150 sf may be added for the purpose of
ingress and egress only, without regard to underlying zone standards The maximum size
of a JADU is 500 square feet. See PAMC 18.09.030(h) for additional information.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Units must be detached from existing primary dwellings but may be attached to each
other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of
a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code. An additional two feet in height shall be
provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of
the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section. When there is an ADU or JADU
attached to an existing or proposed primary dwelling, the shared wall between
these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and
Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 115
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the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B)
and (C).
(d) The establishment of accessory dwelling units and junior accessory dwelling units
pursuant to this section shall not be conditioned on the correction of non-
conforming zoning conditions; provided, however, that nothing in this section shall
limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety. Upon request of the owner for a delay in
enforcement, the Chief Building Official shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety
Code.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling. Nothing in this section shall preclude
the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(g) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance). If a permitted JADU does not include a separate bathroom,
the permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation orf reconstruction does not increase
the degree of non-compliance, such as increased height, envelope, or further
intrusion into required setbacks. An expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure may be
provided to accommodate ingress and egress. Any portion of an ADU addition to the
existing accessory structure that is not limited to providing for ingress and egress to
the unit, and that exceeds the envelope of the existing accessory structure shall be
subject to Section 18.09.040.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 116
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(j) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(k) Replacement parking is not required when a garage, carport, or covered parking
structure an off-street parking space is converted to, or demolished in conjunction
with the construction of, an ADU.
(l) JADUs shall comply with the requirements of Section 18.09.050.
(m) Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s
application checklist requires a tree disclosure statement, it may be completed by the
property owner.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for
approval under section 18.09.030 and for which the City may impose local standards
pursuant to Government Code section 65852.2, subdivisions (a) through (d)66314.
Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square
feet, at the heights stated in Table 2, with a four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU/JADUs unless the envelope of the building is proposed to be modified beyond
any existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached JADU
Number of Units Allowed1 1 1
Minimum size 150 sf
Maximum size 900 sf (1,000 sf
for two or more
bedrooms);
no more than
50% of the size
of the single-
family home
900 sf (1,000 sf
for two or
more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines; Underlying
zone standard
for front
setback
Daylight Plane Underlying
zone standard
N/A Underlying
zone standard
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
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per footnote (7)
Maximum Height3 Underlying
zone standard Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Square Footage Exemption when in
conjunction with a single family
home(4)
Up to 800 sf Up to 500 sf
(1) An attached orand detached ADU may be built in conjunction with a JADU on a lot with
an existing or proposed single family home. One attached or detached ADU may be built
in conjunction with an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof
surface is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Lots with both an attached and detached ADU and a JADU may exempt a maximum
combined total of 800 square feet of boththe ADUs and JADU from FAR, Lot Coverage,
and Maximum House Size calculations. Any square footage that exceeds this exemption
shall contribute to the FAR, Lot Coverage, and (if attached) Maximum House Size
calculations for the subject property. This exemption is not afforded to lots with existing
or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of
a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code. An additional two feet in height shall be
provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of
the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to
the primary dwelling, whichever is lower, for an ADU that is attached to a primary
dwelling. These ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed
on the lot in conjunction with the construction of an ADU/JADU.
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and
Maximum House Size calculations for a lot with an existing or proposed single family
home, up to the amounts stated in Table 2. ADU and/or JADU square footage in
excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage,
and Maximum House Size calculations for the lot.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 118
*NOT YET APPROVED*
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(e) When there is an ADU or JADU attached to an existing or proposed primary dwelling,
the shared wall between these units shall contribute to the maximum allowable
Floor Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-
family home, this measurement shall be taken to the outside stud wall in accordance
with Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement
shall be taken to the outside surface of exterior walls in accordance with Section
18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, Aattached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance).
(g) Reserved No protected tree shall be removed for the purpose of establishing an
accessory dwelling unit except in accordance with Chapter 8.10. Notwithstanding
any contrary provision of Chapter 8.10, to the extent the City’s application checklist
requires a tree disclosure statement, it may be completed by the property owner.
(h) For properties listed in the Palo Alto Historic Inventory, the California Register of
Historical Resources, the National Register of Historic Places, or considered a historic
resource after completion of a historic resource evaluation, compliance with the
appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment that exclusively serves an ADU/JADU may be located anywhere
on the site, provided they maintain the underlying front yard setback requirements
of the property and, if the property is a corner lot, a 10-foot street-side setback. All
such equipment shall be insulated and housed, except that the Director may permit
installation without housing and insulation, provided that a combination of technical
noise specifications, location of equipment, and/or other screening or buffering will
assure compliance with the city’s Noise Ordinance at the nearest property line. All
service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the
Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU/JADU may
encroach into a setback required for the primary dwelling provided the
following conditions are met:
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 119
*NOT YET APPROVED*
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(A) Newly constructed basement walls are no closer than four feet to an
adjacent interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed
closer than four feet to an adjacent interior property line. When
visible from the right of way, these facilities shall be screened from
view with vegetation.
(C) The new basement shall not negatively impact tree roots on the
subject property or on adjacent lots such that it would require to be
removed or cause the protected tree to die.
(D) (C) Habitable ADU/JADU basements shall contribute toward the
unit’s total allowable floor area. Any floor area in excess of the
exemptions provided in this Section shall contribute to the total
allowable limits for the site.
(3) Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home only, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously
with the construction of a new ADU/JADU, the homeowner may elect to
build all structures may be built to a 10-foot street-side setback and a 16-foot
front yard setback, regardless of the presence of a more restrictive special
setback, unless a fire or life-safety regulation requires a greater setback.
Pursuant Government Code section 66321(b)(3), a street-side setback may
not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or
reconstructed to create an ADU/JADU, any portion of the ADU/JADU that is
in the same location and falls within the building envelope of the original
structure shall not be subject to the development standards stated in this
Section. Any portion of the ADU/JADU that is in a different location or
exceeds the envelope of the original structure shall comply with the
development standards stated in this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph
(5) above, when an existing, legal, non-conforming structure is converted in-
place to an ADU/JADU, the envelope of the structure may be modified to
encroach further into a setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more
than one linear foot in height commensurate to the existing roofline
of the structure provided the height of the addition does not exceed
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 120
*NOT YET APPROVED*
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12 feet from grade. The roofline shall not be changed to a style other
than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six
inches in thickness based on its existing location and configuration, as
measured to exterior surface of the material, to provide for greater
insulation and energy requirements provided that a minimum of one
foot is maintained between the addition and an adjacent interior
property line. An existing wall of a structure that does not currently
have a separation of one foot from a parallel property line shall not
be expanded outward.
(C) All other additions not specified here shall follow the standard
setbacks for the ADU/JADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, the unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit unless the entranceway to the accessory unit is located in the
rear half of the lot. Exterior staircases to second floor units shall be located
toward the interior side or rear yard of the property.
(2) Privacy
(A) Second story doors and decks shall not face a neighboring property
line. Second story decks and balconies shall utilize screening barriers
to prevent views towards an adjacent interior property line. These
barriers shall be a minimum five-foot, six-inch height from the floor
level of the deck or balcony and shall not include perforations of any
kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space,
excluding those required for egress, shall have a five-foot sill height as
measured from the second-finished floor level, or utilize opaque
glazing on the entirety any window that faces an adjacent interior
property line.
(C) Windows on a second finished floor, loft, or equivalent elevated
space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor
of an ADU or JADU shall not face towards an adjacent interior
property line. If this is not feasible, then these windows shall utilize
opaque glazing on the whole window.
(E) If the first finished floor of an ADU or JADU is two feet or more above
grade, then first floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior
property line shall have a windowsill(s) that start five feet
above the first finished floor for the unit;
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 121
*NOT YET APPROVED*
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ii. Non-egress, non-operable windows facing an adjacent interior
property line shall have the lower half of window(s) (minimum
of five feet above the first finished floor) utilize opaque
glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall
be used in lieu of operable windows that face adjacent interior
properties.
(G) No exterior lighting shall be mounted above seven feet. All lighting
mounted on walls shall be directed downwards and shall not direct
light towards adjacent interior property lines. Any ground lighting
shall not direct light upwards to the building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, or covered
parking structure, or uncovered parking space is converted to, or demolished
in conjunction with the construction of, an ADU.
(2) Replacement parking is required when an existing attached garage, carport,
or covered parking structure is converted to a JADU or when a required,
existing, uncovered parking space is expanded into an ADU/JADU. These
replacement spaces may be provided as uncovered spaces in any
configuration on the lot including within the front or street side yard setback
for the property.
(A) The Director shall have the authority to modify required replacement
parking spaces by up to one foot in width and length upon finding
that the reduction is necessary to accommodate parking in a location
otherwise allowed under this code and is not detrimental to public
health, safety or the general welfare.
(B) Existing front and street side yard driveways may be enlarged to the
minimum extent necessary to comply with the replacement parking
requirement above. Existing curb cuts shall not be altered except
when necessary to promote public health, safety or the general
welfare.
(2) (3) When parking is provided, the unit shall have street access from a
driveway in common with the main residence in order to prevent new curb cuts,
excessive paving, and elimination of street trees, unless separate driveway
access will result in fewer environmental impacts such as paving, grading or tree
removal.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 122
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(3) (4) When a single-family dwelling unit is permitted simultaneously with the
construction of new ADU/JADUs, the primary unit’s covered parking
requirements identified in Chapter 18.10 and 18.12 do not need to be
provided. Two uncovered parking spaces shall be provided in any
configuration on the lot including within the front or street-side setback for
the property.
(4) (5) If covered parking for a unit is provided in any district, the maximum size of
the covered parking area for the accessory dwelling unit is 220 square feet.
This space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit. Any attached garage shall not
have an interior access point to the ADU/JADU (e.g. hotel door or other similar
feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf
Maple), Calocedrus decurrens (California Incense Cedar), Quercus
agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus
kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in
circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is
eighteen inches in diameter (fifty-seven inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen
inches in diameter (forty-seven inches in circumference) or more
when measured four and one-half feet (fifty-four inches) above
natural grade. A “protected tree” does not include a tree of any
species on the Exempt Species List put forth by the Department of
Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of
a current or previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement
between the property owner and a responsible government agency
or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 123
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(2) The construction of an ADU shall not impact any protected tree,on the
subject property or any adjacent lot by requiring:
(A) Removal of more than twenty-five percent of the functioning leaf,
stem, or root area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of
any Quercus (oak) species in any thirty-six-month period; or
(C) Trenching, excavating, altering the grade, or paving within the tree
protection zone of a tree in a way that foreseeably leads to the death
of the tree. For the purposes of this subsection (m), "tree protection
zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-
four inches) above natural grade.
(3) If an action described in section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state
law, the tree shall be replaced according to the objective requirements
identified in the Tree Canopy Replacement Table of the Palo Alto Tree and
Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards
and specifications in the Tree and Landscape Technical Manual for the
protection of trees during construction. Compliance with this subsection (4)
will not delay or cause the denial of an ADU or JADU building permit or use
permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
(2) The unit shall not be sold separately from the primary residence except as
allowed under Government Code Section 66341.
(3) Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
(4) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
as an alternative means of compliance with generally applicable fire
protection requirements.
18.09.050 Additional Requirements for JADUs
(a) A JADUjunior accessory dwelling unit may only be created on a lot in a single-family
residential zone with an existing or proposed single family residence. A JADUjunior
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 124
*NOT YET APPROVED*
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accessory dwelling unit shall be attached to or created within the walls of an existing
or proposed primary dwelling, including enclosed uses within the residence, such as
an attached garage.
(b) The JADUjunior accessory dwelling unit shall include an efficiency kitchen, requiring
the following components: A cooking facility with appliances, and; food preparation
counter and storage cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner
installed range, an oven or convection microwave, a 10 cubic foot refrigerator
and freezer combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in
relation to a JADU if they provide counter space equal to a minimum 24-inch
depth and 36-inch length.
iii. i. JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with
the primary unit. If a permitted JADU does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main
living area. In this instance, the floor area and lot coverage associated with
shared space shall count towards the primary unit’s maximum allowances
only. The combined sanitation facilities between the units shall include
shower, toilet, and sink fixtures at a minimum and shall conform to the
minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the
purposes of providing service for water, sewer, or power, a JADUjunior accessory
dwelling unit shall not be considered a separate or new unit.
(d) The owner of a parcel proposed for a JADUjunior accessory dwelling unit shall occupy
as a primary residence either the primary dwelling or the JADUjunior accessory
dwelling. Owner-occupancy is not required if the owner is a governmental agency,
land trust, or housing organization.
(e) Prior to the issuance of a building permit for a JADUjunior accessory dwelling unit, the
owner shall record a deed restriction in a form approved by the city that includes a
prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, requires owner-occupancy consistent with subsection (d)
above, does not permit short-term rentals, and restricts the size and attributes of the
JADUjunior dwelling unit to those that conform with this section.
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 125
*NOT YET APPROVED*
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(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded up to
a 500 square foot bonus when a JADU is constructed on site provided the JADU meets
the following requirements:
1) The JADU must conform to the underlying zoning district’s development
standards for single family homes.
2) The maximum number of units on site shall not exceed four (two ADUs, one
JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under
Section 18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the
entrance to the primary home.
6) All egress windows which face an adjacent residential property must utilize
opaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have
a windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the
noise regulations in PAMC 9.10.
SECTION 3. Subsection (a)(75)(A) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined and deletions struck-through):
(A) For ADUs, a kitchen must have permanent provisions for eating, cooking, and sanitation
as required by Government Code Section 66313 and Section 17958.1 of the Health and
Safety Code. major appliances shall mean a minimum two burner installed range, and an
oven or convection microwave, as well as a minimum 11 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
SECTION 4. Subsection (a) of Section 16.49.050 (Exterior Alteration of Historic
Structures) of Title 16 (Building Regulations) of the Palo Alto Municipal Code (“PAMC”) is
amended to read as follows (additions underlined and deletions struck-through):
(a) Review Process. Except for Accessory Dwelling Units and Junior Accessory Dwelling Units
proposed on properties listed in the Palo Alto local historic inventory and National
Register of Historic Resources, aAll applications for a building permit for exterior
alteration to any historic structure/site in the downtown area or a significant building
elsewhere in the city, new construction on a parcel where there is currently a historic
structure in the downtown area or a significant building elsewhere in the city, or such
application for construction within a historic district shall be reviewed as follows:
SECTION 5. Footnote (5) of Table 2 in Section 18.10.040 (Development Standards) of
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 126
*NOT YET APPROVED*
17
0160107_20250402_ms29
Chapter 18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) is amended to read as
follows (deletions struck-through):
(5) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of
maximum house size. If there is no garage attached to the house, then the square
footage of one detached covered parking space shall be included in the calculation. This
provision applies only to single-family residences, not to duplexes allowed in the R-2 and
RMD districts.
SECTION 6. Section 18.10.150 (Grandfathered Uses) of Chapter 18.10 (Low-Density
Residential) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined, deletions struck-through, unchanged text omitted by bracketed
ellipses):
18.10.150 Grandfathered Uses
[…]
(d) (Reserved) Existing Accessory Dwellings and Guest Cottages
In the RE district, accessory dwellings and guest cottages existing on April 28, 1986, and
which prior to that date were lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permitted to remodel, improve or replace site
improvements on the same site, without necessity to comply with site development
regulations for continual use and occupancy by the same use; provided that any such
remodeling, improvement or replacement shall not add a kitchen nor result in increased
floor area, number of dwelling units, height, length or any other increase in the size of the
improvement without complying with the standards set forth in this subsection and
applying for and receiving a conditional use permit pursuant to Chapter 18.76.
[…]
SECTION 7. Footnote (8) of Table 2 in Section 18.12.040 (Development Standards) of
Chapter 18.12 (R-1 Single Family Residential District) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows (deletions struck-through):
(8) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of
maximum house size. If there is no garage attached to the house, then the square
footage of one detached covered parking space shall be included in the calculation.
SECTION 8. Chapter 18.28 (Special Purpose (PF, OS, and AC) Districts) of Title 18
(Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined,
deletions struck-through, unchanged text omitted by bracketed ellipses):
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 127
*NOT YET APPROVED*
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0160107_20250402_ms29
[. . .]
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
[…] […] […] […] […]
Accessory Dwelling Units,
subject to regulations in
Section 18.42.040
P(2) P(2) P(2) 18.0942.040
Junior Accessory Dwelling
Units
P(2) P(2) P(2) 18.0942.040
[…] […] […] […] […]
[. . .]
(2) An Aaccessory dDwelling uUnit or a Junior Accessory Dwelling Unit associated with a
single-family or multi-family residence on a lot in the OS District is permitted, subject to
the provisions of Section Chapter 18.0942.040, and such that no more than two total
units result on the lot.
[…]
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a) Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the
regulations set forth in SectionChapter 18.0942.040.
[. . .]
18.28.100 Grandfathered Uses
In the OS district, accessory dwellings and guest cottages existing on April 28, 1986, and which
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 128
*NOT YET APPROVED*
19
0160107_20250402_ms29
prior to that date were lawful, conforming permitted uses may remain as legal nonconforming
uses. Such uses shall be permitted to remodel, improve or replace site improvements on the
same site, without necessity to comply with site development regulations for continual use and
occupancy by the same use; provided that any such remodeling, improvement or replacement
shall not add a kitchen nor result in increased floor area, number of dwelling units, height,
length or any other increase in the size of the improvement without complying with the
standards set forth in Section 18.28.070(a) and without applying for and receiving a conditional
use permit.
SECTION 9. Section 16.04.235 (Section 202 Definitions) is added to Chapter 16.04
(California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 &2 ) of Title
16 (Building Regulations) of the Palo Alto Municipal Code to read as follows (additions
underlined, bracketed ellipses indicate text of the California Building Code, 2022 Edition, that
has been adopted without amendment but is omitted for brevity):
Section 202 Definitions
[...]
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the
building under consideration, exclusive of vent shafts and courts, without deduction for
corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features.
The floor area of a building, or portion thereof, not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or floor above. The gross
floor area shall not include shafts with no openings or interior courts. For the purposes of Title
18 (Zoning), the definition of “gross floor area” in Section 18.04.030 shall apply.
FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as
corridors, stairways, ramps, toilet rooms, mechanical rooms and closets. For the purposes of
Title 18 (Zoning), the definition of “net floor area” in Section 18.04.030 shall apply.
[...]
SECTION 10. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affect the provisions of this
Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 129
*NOT YET APPROVED*
20
0160107_20250402_ms29
subsequently declared invalid or unconstitutional.
SECTION 12. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. As such, it can be seen with certainty that the proposed action will
not have the potential for causing a significant effect on the environment.
SECTION 13. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
Item 3
Attachment A - Draft
Ordinance Amending Title
16 and Title 18 of the
PAMC Re to Accessory
Dwelling Units
Packet Pg. 130
*NOT YET APPROVED*
1
0160107_20250320_ms29
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building
Regulations) and Title 18 (Zoning) of the Palo Alto Municipal Code to Amend
Requirements Relating to Accessory Dwelling Units and Junior Accessory
Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
A. In 2023, the City of Palo Alto adopted Ordinance 5585, amending the City’s requirements
for ADUs and JADUs to reflect changes in State law and guidance from the California
Department of Housing and Community Development (HCD).
B. On October 29, 2024, the City received a letter from HCD commenting on aspects of the
City’s J/ADU ordinance that HCD found inconsistent with State law.
C. California Government Code section 66326(b)(2) requires that the City either amend its
ordinance as indicated in the letter or adopt the ordinance without the changes and include
findings that explain the reasons the City believes the ordinance complies with State J/ADU
law.
D. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto now intends to amend its J/ADU ordinance in response to
each of HCD’s comments.
E. Additionally, the City now adopts explanatory findings to accompany the amendments in
response to several of HCD’s comments.
F. HCD Comment 9 states, “The Ordinance makes several references to Chapter 8.10, the
City’s Tree and Landscape Preservation and Management regulations, and requires that
elements of ADU development conform to Chapter 8.10…The City should amend the
Ordinance to ensure that compliance with this ordinance section will not delay or cause the
denial of an ADU or JADU building permit or use permit.” The City now intends to amend its
ADU ordinance to eliminate references to Chapter 8.10. Additionally, the City now amends
its Chapter 18.09.040 to include objective landscape requirements for those ADUs that are
subject to local standards, pursuant to Government Code section 66314(b). These landscape
requirements include adherence to applicable objective landscape standards in the Tree
and Landscape Technical Manual for the protection of trees during construction. The City
Council finds that the standards in the Tree and Landscape Technical Manual for the
protection of trees during construction are industry standard best practices for construction
and are typically imposed as conditions of approval. Consistent with HCD’s comment, the
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 131
*NOT YET APPROVED*
2
0160107_20250320_ms29
ordinance will clarify that the Tree and Landscape Technical Manual’s standards for tree
protection during construction are not a cause of delay or denial of an ADU or JADU permit.
G. HCD Comment 10 states, “The Ordinance describes JADUs in the section ‘Units Subject to
Local Standards’ and creates governance of JADUs that ‘do not qualify for approval under
section 18.090.030.’ However, all JADUs are created pursuant to Government Code section
66323, subdivision (a)(1), and would therefore be approved under section 18.090.030. The
City must remove references to JADUs in this section.” The City Council finds that this
comment is incorrect; although some JADUs are created pursuant to Government Code
section 66323, JADUs may also be created pursuant to Government Code sections 66333-
66339 (also known as “Article 3”), which begins with the statement “Notwithstanding
Article 2 (commencing with Section 66314 [and including section 66323]), a local agency
may, by ordinance, provide for the creation of junior accessory dwelling units in single-
family residential zones” (emphasis added). Nonetheless, through this Ordinance, the City
intends to remove all references to JADUs in Section 18.09.040, “Units Subject to Local
Standards.” All JADUs that meet the requirements of Government Code section 66323(a)
will be subject to the ministerial approval provisions in Chapter 18.09.030. Additionally, in
order to further incentivize the construction of JADUs, the Ordinance allows a 500 square
foot bonus for the primary dwelling unit where a JADU that meets the conditions in
18.09.050(f) is constructed on site. The City Council finds that this additional incentive
provided in 18.09.050 does not conflict with Government Code sections 66310-66342
because it liberalizes the City’s regulations for primary residences and does not regulate the
construction of JADUs.
H. HCD Comment 14 states, “Section 18.09.040 (l) – Parking Exceptions – The Ordinance does
not provide for exemptions to parking requirements pursuant to Government Code section
66322, subdivisions (a)(1) through (a)(6)…Therefore, the City must amend the Ordinance to
add the required exemptions.” Table 1 and 2 of PAMC 18.09.030 and 18.09.040, as well as
Table 1 of PAMC 18.52.040, indicate that parking is not required for newly constructed
ADUs or JADUs. Additionally, this Ordinance amends PAMC 18.09.040(l) so that the City no
longer requires replacement parking for ADUs or JADUs under any circumstance. Because
the Ordinance as amended imposes no parking requirements for J/ADUs, it does not
enumerate the exemptions to parking requirements described in Government Code section
66322(a)(1)-(6).
I. On September 19, 2024, the Governor signed Senate Bill (SB) 1211, effective January 1,
2025. SB 1211 allows up to 8 detached accessory dwelling units (ADUs) on parcels with
existing multifamily development and provides that cities can no longer require
replacement parking for uncovered parking spaces that are removed for an ADU.
J. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to amend its J/ADU ordinance to implementing SB
1211 and to make additional clerical amendments and minor amendments to conform with
State law.
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 132
*NOT YET APPROVED*
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0160107_20250320_ms29
K. Section 9 of this Ordinance amends Chapter 16.04 (California Building Code, California Code
of Regulations, Title 24, Part 2, Volumes 1 &2) of Title 16 (Building Regulations) of the Palo
Alto Municipal Code. This is an administrative amendment to clarify and establish civil and
administrative procedures, regulations, or rules to administer the enforcement of Title 16.
In particular, it clarifies that while the California Building Code definitions of “gross floor
area” and “net floor area” apply for the purposes of enforcing Title 16, for the purposes of
enforcing the zoning code (Title 18 of the Palo Alto Municipal Code), the definitions in Title
18 apply. This amendment is not a building standard as defined in Health and Safety Code
section 18909.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of
Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and
junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's
housing stock and additional affordable housing opportunities. These units shall be
separate, self-contained living units, with separate entrances from the main residence,
whether attached or detached. The standards below are provided to minimize the
impacts of units on nearby residents and throughout the city, and to assure that the
size and location of such dwellings is compatible with the existing or proposed
residence(s) on the site and with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home, ADU, and/or a JADU on a lot that allows for single-family
development shall not be considered a multifamily development pursuant to PAMC
Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code sections 6632365852.2, subdivision (e) provides that certain units
shall be approved notwithstanding State or local regulations that may otherwise
apply. The following types of units shall be governed by the standards in this section.
In the event of a conflict between this section and Government Code section
6632365852.2, subdivision (e), the Government Code shall prevail.
Commented [A1]: HCD Comment 1.
Commented [A2]: HCD Comment 1.
Commented [A3]: HCD Comment 1
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 133
*NOT YET APPROVED*
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i. An ADU and JADU within the existing space of a single-family dwelling or an
ADU within the existing space of an accessory structure (i.e. conversion
without substantial addition).
ii. An ADU and JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing
single-family dwelling, provided the ADU does not exceed 800 square feet,
sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks, or the
maximum height described in subparagraph (A), (B), or (C) of paragraph (4)
of subdivision (b) of Government Code Section 66321, as applicable.
iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to two eight detached ADUs on a lot with an existing multi-family
dwelling, provided that the number of ADUs does not exceed the number of
existing units on the lot.
vi. Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached
ADU/JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number
of Units
Allowed
1 ADU and 1 JADU 1 Attached ADU, 1 Detached
ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum 150 sf
Commented [A4]: HCD Comment 2
Commented [A5]: HCD Comment 1
Commented [A6]: HCD Comment 3
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 134
*NOT YET APPROVED*
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size(1)
Maximum
size(1) N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3) N/A 16(5) N/A 16(5)(6)
Parking None
State Law
Reference
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(1)(A
) 66323(a)(1)
65852.2(e)(1)
(B)
66323(a)(2)
65852.2(e)(1)(C) 66323(a)(3) 65852.2(e)(1)(D)
66323(a)(4)
(1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(2) New construction must be consistent with allowable space (e.g. FAR, Lot Coverage) of a single
family residence, except that up to 150 sf may be added for the purpose of ingress and egress
only, without regard to underlying zone standards The maximum size of a JADU is 500 square
feet. See PAMC 18.09.030(h) for additional information.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4) Units must be detached from existing primary dwellings but may be attached to each other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section. When there is an ADU or JADU
attached to an existing or proposed primary dwelling, the shared wall between
these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and
Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to
the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B)
and (C).
(d) The establishment of accessory dwelling units and junior accessory dwelling units
pursuant to this section shall not be conditioned on the correction of non-
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 135
*NOT YET APPROVED*
6
0160107_20250320_ms29
conforming zoning conditions; provided, however, that nothing in this section shall
limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety. Upon request of the owner for a delay in
enforcement, the Chief Building Official shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety
Code.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling. Nothing in this section shall preclude
the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(g) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance). If a permitted JADU does not include a separate bathroom,
the permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation orf reconstruction does not increase
the degree of non-compliance, such as increased height, envelope, or further
intrusion into required setbacks. An expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure may be
provided to accommodate ingress and egress. Any portion of an ADU addition to the
existing accessory structure that is not limited to providing for ingress and egress to
the unit, and that exceeds the envelope of the existing accessory structure shall be
subject to Section 18.09.040.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(j) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(k) Replacement parking is not required when a garage, carport, or covered parking
structure an off-street parking space is converted to, or demolished in conjunction
with the construction of, an ADU.
Commented [A7]: HCD Comment 4
Commented [A8]: HCD Comment 5
Commented [A9]: HCD Comment 6
Commented [A10]: HCD Comment 1
Commented [A11]: HCD Comment 7
Commented [A12]: HCD Comment 8
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 136
*NOT YET APPROVED*
7
0160107_20250320_ms29
(l) JADUs shall comply with the requirements of Section 18.09.050.
(m) Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s
application checklist requires a tree disclosure statement, it may be completed by the
property owner.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for
approval under section 18.09.030 and for which the City may impose local standards
pursuant to Government Code section 65852.2, subdivisions (a) through (d)66314.
Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square
feet, at the heights stated in Table 2, with a four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU/JADUs unless the envelope of the building is proposed to be modified beyond
any existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached JADU
Number of Units Allowed1 1 1
Minimum size 150 sf
Maximum size 900 sf (1,000 sf
for two or more
bedrooms);
no more than
50% of the size
of the single-
family home
900 sf (1,000 sf
for two or
more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines; Underlying
zone standard
for front
setback
Daylight Plane Underlying
zone standard
per footnote (7)
N/A Underlying
zone standard
Maximum Height3 Underlying
zone standard Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Commented [A13]: HCD Comment 9
Commented [A14]: HCD Comment 10
Commented [A15]: HCD Comment 1
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 137
*NOT YET APPROVED*
8
0160107_20250320_ms29
Square Footage Exemption when in
conjunction with a single family
home(4)
Up to 800 sf Up to 500 sf
(1) An attached orand detached ADU may be built in conjunction with a JADU on a lot with an
existing or proposed single family home. One attached or detached ADU may be built in
conjunction with an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4) Lots with both an attached and detached ADU and a JADU may exempt a maximum combined
total of 800 square feet of boththe ADUs and JADU from FAR, Lot Coverage, and Maximum
House Size calculations. Any square footage that exceeds this exemption shall contribute to the
FAR, Lot Coverage, and (if attached) Maximum House Size calculations for the subject property.
This exemption is not afforded to lots with existing or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These
ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed
on the lot in conjunction with the construction of an ADU/JADU.
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and
Maximum House Size calculations for a lot with an existing or proposed single family
home, up to the amounts stated in Table 2. ADU and/or JADU square footage in
excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage,
and Maximum House Size calculations for the lot.
(e) When there is an ADU or JADU attached to an existing or proposed primary dwelling,
the shared wall between these units shall contribute to the maximum allowable
Floor Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-
family home, this measurement shall be taken to the outside stud wall in accordance
with Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement
shall be taken to the outside surface of exterior walls in accordance with Section
18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, Aattached units shall not have an interior
Commented [A16]: HCD Comment 10
Commented [A17]: HCD Comment 10
Commented [A18]: HCD Comment 11
Commented [A19]: HCD Comment 10
Commented [A20]: HCD Comment 10
Commented [A21]: HCD Comment 10
Commented [A22]: HCD Comment 10
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 138
*NOT YET APPROVED*
9
0160107_20250320_ms29
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance).
(g) Reserved No protected tree shall be removed for the purpose of establishing an
accessory dwelling unit except in accordance with Chapter 8.10. Notwithstanding
any contrary provision of Chapter 8.10, to the extent the City’s application checklist
requires a tree disclosure statement, it may be completed by the property owner.
(h) For properties listed in the Palo Alto Historic Inventory, the California Register of
Historical Resources, the National Register of Historic Places, or considered a historic
resource after completion of a historic resource evaluation, compliance with the
appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment that exclusively serves an ADU/JADU may be located anywhere
on the site, provided they maintain the underlying front yard setback requirements
of the property and, if the property is a corner lot, a 10-foot street-side setback. All
such equipment shall be insulated and housed, except that the Director may permit
installation without housing and insulation, provided that a combination of technical
noise specifications, location of equipment, and/or other screening or buffering will
assure compliance with the city’s Noise Ordinance at the nearest property line. All
service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the
Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU/JADU may
encroach into a setback required for the primary dwelling provided the
following conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an
adjacent interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed
closer than four feet to an adjacent interior property line. When
visible from the right of way, these facilities shall be screened from
view with vegetation.
(C) The new basement shall not negatively impact tree roots on the
subject property or on adjacent lots such that it would require to be
removed or cause the protected tree to die.
Commented [A23]: HCD Comment 9
Commented [A24]: HCD Comment 12
Commented [A25]: HCD Comment 10
Commented [A26]: HCD Comment 10
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 139
*NOT YET APPROVED*
10
0160107_20250320_ms29
(D) (C) Habitable ADU/JADU basements shall contribute toward the
unit’s total allowable floor area. Any floor area in excess of the
exemptions provided in this Section shall contribute to the total
allowable limits for the site.
(3) Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home only, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously
with the construction of a new ADU/JADU, the homeowner may elect to
build all structures may be built to a 10-foot street-side setback and a 16-foot
front yard setback, regardless of the presence of a more restrictive special
setback, unless a fire or life-safety regulation requires a greater setback.
Pursuant Government Code section 66321(b)(3), a street-side setback may
not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or
reconstructed to create an ADU/JADU, any portion of the ADU/JADU that is
in the same location and falls within the building envelope of the original
structure shall not be subject to the development standards stated in this
Section. Any portion of the ADU/JADU that is in a different location or
exceeds the envelope of the original structure shall comply with the
development standards stated in this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph
(5) above, when an existing, legal, non-conforming structure is converted in-
place to an ADU/JADU, the envelope of the structure may be modified to
encroach further into a setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more
than one linear foot in height commensurate to the existing roofline
of the structure provided the height of the addition does not exceed
12 feet from grade. The roofline shall not be changed to a style other
than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six
inches in thickness based on its existing location and configuration, as
measured to exterior surface of the material, to provide for greater
insulation and energy requirements provided that a minimum of one
foot is maintained between the addition and an adjacent interior
property line. An existing wall of a structure that does not currently
Commented [A27]: HCD Comment 10
Commented [A28]: HCD Comment 13
Commented [A29]: HCD Comment 10
Commented [A30]: HCD Comment 10
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 140
*NOT YET APPROVED*
11
0160107_20250320_ms29
have a separation of one foot from a parallel property line shall not
be expanded outward.
(C) All other additions not specified here shall follow the standard
setbacks for the ADU/JADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, the unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit unless the entranceway to the accessory unit is located in the
rear half of the lot. Exterior staircases to second floor units shall be located
toward the interior side or rear yard of the property.
(2) Privacy
(A) Second story doors and decks shall not face a neighboring property
line. Second story decks and balconies shall utilize screening barriers
to prevent views towards an adjacent interior property line. These
barriers shall be a minimum five-foot, six-inch height from the floor
level of the deck or balcony and shall not include perforations of any
kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space,
excluding those required for egress, shall have a five-foot sill height as
measured from the second-finished floor level, or utilize opaque
glazing on the entirety any window that faces an adjacent interior
property line.
(C) Windows on a second finished floor, loft, or equivalent elevated
space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor
of an ADU or JADU shall not face towards an adjacent interior
property line. If this is not feasible, then these windows shall utilize
opaque glazing on the whole window.
(E) If the first finished floor of an ADU or JADU is two feet or more above
grade, then first floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior
property line shall have a windowsill(s) that start five feet
above the first finished floor for the unit;
ii. Non-egress, non-operable windows facing an adjacent interior
property line shall have the lower half of window(s) (minimum
of five feet above the first finished floor) utilize opaque
glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall
be used in lieu of operable windows that face adjacent interior
properties.
Commented [A31]: HCD Comment 10
Commented [A32]: HCD Comment 10
Commented [A33]: HCD Comment 10
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 141
*NOT YET APPROVED*
12
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(G) No exterior lighting shall be mounted above seven feet. All lighting
mounted on walls shall be directed downwards and shall not direct
light towards adjacent interior property lines. Any ground lighting
shall not direct light upwards to the building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, or covered
parking structure, or uncovered parking space is converted to, or demolished
in conjunction with the construction of, an ADU.
(2) Replacement parking is required when an existing attached garage, carport,
or covered parking structure is converted to a JADU or when a required,
existing, uncovered parking space is expanded into an ADU/JADU. These
replacement spaces may be provided as uncovered spaces in any
configuration on the lot including within the front or street side yard setback
for the property.
(A) The Director shall have the authority to modify required replacement
parking spaces by up to one foot in width and length upon finding
that the reduction is necessary to accommodate parking in a location
otherwise allowed under this code and is not detrimental to public
health, safety or the general welfare.
(B) Existing front and street side yard driveways may be enlarged to the
minimum extent necessary to comply with the replacement parking
requirement above. Existing curb cuts shall not be altered except
when necessary to promote public health, safety or the general
welfare.
(2) (3) When parking is provided, the unit shall have street access from a
driveway in common with the main residence in order to prevent new curb cuts,
excessive paving, and elimination of street trees, unless separate driveway
access will result in fewer environmental impacts such as paving, grading or tree
removal.
(3) (4) When a single-family dwelling unit is permitted simultaneously with the
construction of new ADU/JADUs, the primary unit’s covered parking
requirements identified in Chapter 18.10 and 18.12 do not need to be
provided. Two uncovered parking spaces shall be provided in any
configuration on the lot including within the front or street-side setback for
the property.
Commented [A34]: HCD Comment 14 and 15
Commented [A35]: HCD Comment 14 and 15
Commented [A36]: HCD Comment 10
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 142
*NOT YET APPROVED*
13
0160107_20250320_ms29
(4) (5) If covered parking for a unit is provided in any district, the maximum size of
the covered parking area for the accessory dwelling unit is 220 square feet.
This space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit. Any attached garage shall not
have an interior access point to the ADU/JADU (e.g. hotel door or other similar
feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf
Maple), Calocedrus decurrens (California Incense Cedar), Quercus
agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus
kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in
circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is
eighteen inches in diameter (fifty-seven inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen
inches in diameter (forty-seven inches in circumference) or more
when measured four and one-half feet (fifty-four inches) above
natural grade. A “protected tree” does not include a tree of any
species on the Exempt Species List put forth by the Department of
Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of
a current or previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement
between the property owner and a responsible government agency
or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
(2) The construction of an ADU shall not impact any protected tree,on the
subject property or any adjacent lot by requiring:
(A) Removal of more than twenty-five percent of the functioning leaf,
stem, or root area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of
any Quercus (oak) species in any thirty-six-month period; or
Commented [A37]: HCD Comment 10
Commented [A38]: HCD Comment 9
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 143
*NOT YET APPROVED*
14
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(C) Trenching, excavating, altering the grade, or paving within the tree
protection zone of a tree in a way that foreseeably leads to the death
of the tree. For the purposes of this subsection (m), "tree protection
zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-
four inches) above natural grade.
(3) If an action described in section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state
law, the tree shall be replaced according to the objective requirements
identified in the Tree Canopy Replacement Table of the Palo Alto Tree and
Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards
and specifications in the Tree and Landscape Technical Manual for the
protection of trees during construction. Compliance with this subsection (4)
will not delay or cause the denial of an ADU or JADU building permit or use
permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
(2) The unit shall not be sold separately from the primary residence except as
allowed under Government Code Section 66341.
(3) Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
(4) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
as an alternative means of compliance with generally applicable fire
protection requirements.
18.09.050 Additional Requirements for JADUs
(a) A JADUjunior accessory dwelling unit may only be created on a lot in a single-family
residential zone with an existing or proposed single family residence. A JADUjunior
accessory dwelling unit shall be attached to or created within the walls of an existing
or proposed primary dwelling, including enclosed uses within the residence, such as
an attached garage.
(b) The JADUjunior accessory dwelling unit shall include an efficiency kitchen, requiring
the following components: A cooking facility with appliances, and; food preparation
Commented [A39]: HCD Comment 8
Commented [A40]: HCD Comment 16
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 144
*NOT YET APPROVED*
15
0160107_20250320_ms29
counter and storage cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner
installed range, an oven or convection microwave, a 10 cubic foot refrigerator
and freezer combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in
relation to a JADU if they provide counter space equal to a minimum 24-inch
depth and 36-inch length.
iii. i. JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with
the primary unit. If a permitted JADU does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main
living area. In this instance, the floor area and lot coverage associated with
shared space shall count towards the primary unit’s maximum allowances
only. The combined sanitation facilities between the units shall include
shower, toilet, and sink fixtures at a minimum and shall conform to the
minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the
purposes of providing service for water, sewer, or power, a JADUjunior accessory
dwelling unit shall not be considered a separate or new unit.
(d) The owner of a parcel proposed for a JADUjunior accessory dwelling unit shall occupy
as a primary residence either the primary dwelling or the JADUjunior accessory
dwelling. Owner-occupancy is not required if the owner is a governmental agency,
land trust, or housing organization.
(e) Prior to the issuance of a building permit for a JADUjunior accessory dwelling unit, the
owner shall record a deed restriction in a form approved by the city that includes a
prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, requires owner-occupancy consistent with subsection (d)
above, does not permit short-term rentals, and restricts the size and attributes of the
JADUjunior dwelling unit to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded up to
a 500 square foot bonus when a JADU is constructed on site provided the JADU meets
the following requirements:
1) The JADU must conform to the underlying zoning district’s development
standards for single family homes.
Commented [A41]: HCD Comment 17.
Commented [A42]: HCD Comment 18
Commented [A43]: HCD Comment 19
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 145
*NOT YET APPROVED*
16
0160107_20250320_ms29
2) The maximum number of units on site shall not exceed four (two ADUs, one
JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under
Section 18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the
entrance to the primary home.
6) All egress windows which face an adjacent residential property must utilize
opaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have
a windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the
noise regulations in PAMC 9.10.
SECTION 3. Subsection (a)(75)(A) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined and deletions struck-through):
(A) For ADUs, a kitchen must have permanent provisions for eating, cooking, and sanitation
as required by Government Code Section 66313 and Section 17958.1 of the Health and
Safety Code. major appliances shall mean a minimum two burner installed range, and an
oven or convection microwave, as well as a minimum 11 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
SECTION 4. Subsection (a) of Section 16.49.050 (Exterior Alteration of Historic Structures) of
Title 16 (Building Regulations) of the Palo Alto Municipal Code (“PAMC”) is amended to read as
follows (additions underlined and deletions struck-through):
(a) Review Process. Except for Accessory Dwelling Units and Junior Accessory Dwelling Units
proposed on properties listed in the Palo Alto local historic inventory and National
Register of Historic Resources, aAll applications for a building permit for exterior
alteration to any historic structure/site in the downtown area or a significant building
elsewhere in the city, new construction on a parcel where there is currently a historic
structure in the downtown area or a significant building elsewhere in the city, or such
application for construction within a historic district shall be reviewed as follows:
SECTION 5. Footnote (5) of Table 2 in Section 18.10.040 (Development Standards) of Chapter
18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) is amended to read as follows
(deletions struck-through):
(5) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of
Commented [A44]: HCD Comment 10
Commented [A45]: HCD Comment 20
Commented [A46]: HCD Comment 12
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 146
*NOT YET APPROVED*
17
0160107_20250320_ms29
maximum house size. If there is no garage attached to the house, then the square
footage of one detached covered parking space shall be included in the calculation. This
provision applies only to single-family residences, not to duplexes allowed in the R-2 and
RMD districts.
SECTION 6. Section 18.10.150 (Grandfathered Uses) of Chapter 18.10 (Low-Density Residential)
of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined, deletions struck-through, unchanged text omitted by bracketed ellipses):
18.10.150 Grandfathered Uses
[…]
(d) (Reserved) Existing Accessory Dwellings and Guest Cottages
In the RE district, accessory dwellings and guest cottages existing on April 28, 1986, and
which prior to that date were lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permitted to remodel, improve or replace site
improvements on the same site, without necessity to comply with site development
regulations for continual use and occupancy by the same use; provided that any such
remodeling, improvement or replacement shall not add a kitchen nor result in increased
floor area, number of dwelling units, height, length or any other increase in the size of the
improvement without complying with the standards set forth in this subsection and
applying for and receiving a conditional use permit pursuant to Chapter 18.76.
[…]
SECTION 7. Footnote (8) of Table 2 in Section 18.12.040 (Development Standards) of Chapter
18.12 (R-1 Single Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code
is amended to read as follows (deletions struck-through):
(8) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of
maximum house size. If there is no garage attached to the house, then the square
footage of one detached covered parking space shall be included in the calculation.
SECTION 8. Chapter 18.28 (Special Purpose (PF, OS, and AC) Districts) of Title 18 (Zoning) of the
Palo Alto Municipal Code is amended to read as follows (additions underlined, deletions struck-
through, unchanged text omitted by bracketed ellipses):
[. . .]
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 147
*NOT YET APPROVED*
18
0160107_20250320_ms29
Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
[…] […] […] […] […]
Accessory Dwelling Units,
subject to regulations in
Section 18.42.040
P(2) P(2) P(2) 18.0942.040
Junior Accessory Dwelling
Units
P(2) P(2) P(2) 18.0942.040
[…] […] […] […] […]
[. . .]
(2) An Aaccessory dDwelling uUnit or a Junior Accessory Dwelling Unit associated with a
single-family or multi-family residence on a lot in the OS District is permitted, subject to
the provisions of Section Chapter 18.0942.040, and such that no more than two total
units result on the lot.
[…]
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a) Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the
regulations set forth in SectionChapter 18.0942.040.
[. . .]
18.28.100 Grandfathered Uses
In the OS district, accessory dwellings and guest cottages existing on April 28, 1986, and which
prior to that date were lawful, conforming permitted uses may remain as legal nonconforming
uses. Such uses shall be permitted to remodel, improve or replace site improvements on the
same site, without necessity to comply with site development regulations for continual use and
occupancy by the same use; provided that any such remodeling, improvement or replacement
shall not add a kitchen nor result in increased floor area, number of dwelling units, height,
length or any other increase in the size of the improvement without complying with the
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 148
*NOT YET APPROVED*
19
0160107_20250320_ms29
standards set forth in Section 18.28.070(a) and without applying for and receiving a conditional
use permit.
SECTION 9. Section 16.04.235 (Section 202 Definitions) is added to Chapter 16.04 (California
Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 &2 ) of Title 16
(Building Regulations) of the Palo Alto Municipal Code to read as follows (additions underlined,
bracketed ellipses indicate text of the California Building Code, 2022 Edition, that has been
adopted without amendment but is omitted for brevity):
Section 202 Definitions
[...]
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the
building under consideration, exclusive of vent shafts and courts, without deduction for
corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features.
The floor area of a building, or portion thereof, not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or floor above. The gross
floor area shall not include shafts with no openings or interior courts. For the purposes of Title
18 (Zoning), the definition of “gross floor area” in Section 18.04.030 shall apply.
FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as
corridors, stairways, ramps, toilet rooms, mechanical rooms and closets. For the purposes of
Title 18 (Zoning), the definition of “net floor area” in Section 18.04.030 shall apply.
[...]
SECTION 10. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affect the provisions of this
Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 12. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 149
*NOT YET APPROVED*
20
0160107_20250320_ms29
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. As such, it can be seen with certainty that the proposed action will
not have the potential for causing a significant effect on the environment.
SECTION 13. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
Item 3
Attachment B - Draft
Ordinance (Annotated)
Amending Title 16 and
Title 18 of the PAMC to
Amend Requirements
Relating to Accessory
Dwelling Units and Jr
Accessory Dwelling Units
Packet Pg. 150
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon St, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 29, 2024
Jonathan Lait, Director
Planning and Development Services
City of Palo Alto
250 Hamilton Ave
Palo Alto, CA 94301
Dear Jonathan Lait:
RE: Review of Palo Alto’s Accessory Dwelling Unit (ADU) Ordinance under State
ADU Law (Gov. Code, §§ 66310 – 66342)
Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477
(Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU
and Junior Accessory Dwelling Unit (JADU) Law have been re-numbered (Enclosure 1).
Thank you for submitting the City of Palo Alto’s (City) ADU Ordinance No. 5585
(Ordinance), adopted June 5, 2023, to the California Department of Housing and
Community Development (HCD). HCD has reviewed the Ordinance and submits these
written findings pursuant to Government Code section 66326, subdivision (a). HCD
finds that the Ordinance does not comply with State ADU and JADU Laws in the
manner noted below. Under section 66326, subdivision (b)(1), the City has up to 30
days to respond to these findings. Accordingly, the City must provide a written response
to these findings no later than November 28, 2024.
The Ordinance addresses many statutory requirements; however, HCD finds that the
Ordinance does not comply with State ADU Law in the following respects:
1. Statutory Numbering - The Ordinance contains several references to code
sections that were deleted by SB 477, effective March 25, 2024. These include
Government Code sections 65852.2, 65852.22 and 65852.26. The contents of
these sections were relocated to Government Code, Title 7, Division 1, Chapter
13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance
to refer to the correct code sections.
2. Section 18.09.030 (a) iii. – Height – The Ordinance provides for “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.” However, Government Code
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 151
Jonathan Lait, Director
Page 2
sections 66321, subdivision (b)(4)(B), which is referenced in section 66323,
subdivision (a)(2)(B) as would govern a unit described here in the Ordinance,
requires a height allowance of “18 feet for a detached accessory dwelling unit on
a lot with an existing or proposed single family or multifamily dwelling unit that is
within one-half of one mile walking distance of a major transit stop or a high-
quality transit corridor… A local agency shall also allow an additional two feet in
height to accommodate a roof pitch on the accessory dwelling unit that is aligned
with the roof pitch of the primary dwelling unit.” Footnote 5 in Table 1 of Section
18.09.030 provides for these allowances, the City must amend the Ordinance to
to comply with State ADU law and avoid contradictory provisions.
3. Section 18.09.030 Table 1 – Unit Allowance – The Ordinance states in Single
Family residence only “1 ADU and 1 JADU” are permitted. This prohibits the
combination of units subject to Government Code section 66323, subdivision
(a)(1) and (a)(2).
Government Code section 66323 states, “Notwithstanding Sections 66314 to
66322, 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: (1) One accessory dwelling unit and one junior accessory dwelling
unit per lot with a proposed or existing single-family dwelling…(A) 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.” Subparagraph (2) permits “[o]ne detached, new
construction, accessory dwelling unit that does not exceed four-foot side and
rear yard setbacks.” The use of the term “any” followed by an enumeration of
by-right ADU types permitted indicate that any of these ADU types can be
combined on a lot zoned for single-family dwellings.
This permits a homeowner, who meets specified requirements, to create one
converted ADU; one detached, new construction ADU; and one JADU. Thus, if
the local agency approves an ADU that is created from existing (or proposed)
space, and the owner subsequently applies for a detached ADU (or vice versa)
that meets the size and setbacks pursuant to the subdivision, the local agency
cannot deny the application, nor deny a permit for a JADU under this section.
Limiting single-family primary dwelling lots to one ADU and one JADU prevents
property owners from creating ADUs by-right under section 66323. Therefore,
the City must amend the Ordinance to allow for all by-right ADU combinations.
4. Section 18.09.030 (d) – Delay of Enforcement – The Ordinance states, “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.” However, Government Code
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 152
Jonathan Lait, Director
Page 3
section 66331 states, “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 subdivision
(a) or (b), 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: (a)
The accessory dwelling unit was built before January 1, 2020. (b) 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.” Therefore, the City must add language
allowing delay of enforcement.
5. Section 18.09.030 (e) – Sprinklers – The Ordinance states, “The installation of
fire sprinklers shall not be required in an accessory dwelling unit if sprinklers
are not required for the primary residence.” However, Government Code
section 66323, subdivision (c) states, “The installation of fire sprinklers shall not
be required in an accessory dwelling unit if sprinklers are not required for the
primary residence. The construction of an accessory dwelling unit shall not
trigger a requirement for fire sprinklers to be installed in the existing multifamily
dwelling.” Therefore, City must add the second sentence in the preceding
citation to the Ordinance to be consistent with State ADU law.
6. Section 18.09.030 (g) – JADUs and Interior Entry – The Ordinance states,
“Except for JADUs, attached units shall not have an interior access point to the
primary dwelling.” However, Government Code section 66633, subdivision
(e)(2) states, “If a permitted junior accessory dwelling unit does not include a
separate bathroom, the permitted junior accessory dwelling unit shall include a
separate entrance from the main entrance to the structure, with an interior entry
to the main living area.” Therefore, the City must amend the Ordinance
accordingly.
7. Section 18.09.030 (h) – Conversion and Expansion – Th Ordinance states,
“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. Any portion of an ADU that exceeds the
envelope of the existing accessory structure shall be subject to Section
18.09.040.” However, Government Code section 66323, subdivision (a)(1)(A)
provides for, “an expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure. An expansion beyond
the physical dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.” The City must amend the Ordinance to
allow for such an expansion without reference to Section 18.09.040.
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 153
Jonathan Lait, Director
Page 4
8. Section 18.09.030 (j) and 18.09.040 (m)2. – Separate Sale1 – The Ordinance
notes that ADUs “shall not be sold separately from the primary residence.”
However, Government Code section 66341 creates a narrow exception to allow
separate conveyance of an ADU to a qualified buyer if the property was built or
developed by a qualified nonprofit corporation, among other things. The City
must note the exception.
9. Section 18.09.030 (m), 18.09.040 (g) and (j) 2.C. – Tree Ordinance – The
Ordinance makes several references to Chapter 8.10, the City’s Tree and
Landscape Preservation and Management regulations, and requires that
elements of ADU development conform to Chapter 8.10. However, Government
Code section 66317, subdivision (c) states that “No local ordinance, policy, or
regulation shall be the basis for the delay or denial of a building permit or a use
permit under this section.” The City should amend the Ordinance to ensure that
compliance with this ordinance section will not delay or cause the denial of an
ADU or JADU building permit or use permit.
10. Section 18.09.040 (a), Table 2– JADUs and Development Standards – The
Ordinance describes JADUs in the section “Units Subject to Local Standards”
and creates governance of JADUs that “do not qualify for approval under
section 18.090.030.” However, all JADUs are created pursuant to Government
Code section 66323, subdivision (a)(1), and would therefore be approved
under section 18.090.030. the City must remove references to JADUs in this
section.
11. Section 18.09.040 (c) – Multifamily ADU Allowances – In the “Units Subject to
Local Standards” section, the Ordinance states, “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.” However, Government Code section 66314,
subdivision (a)(2) permits ADUs when “The lot is zoned to allow single-family or
multifamily dwelling residential use and includes a proposed or existing
dwelling.” The City must amend the Ordinance to include multifamily as well.
12. Section 18.09.040 (h) – Local Historic Register – The Ordinance applies
special requirements to properties “listed on the Palo Alto Historic Inventory.”
However, Government Code section 66314, subdivision (b)(1) states that ADU
ordinances may “Impose objective 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 Historical
Resources.” Therefore, the use of a local historic register such as the Palo Alto
1Please note that Government Code section 66342 gives local jurisdictions the option of
adopting an ordinance to provide for the separate conveyance of an ADU from its primary
dwelling.
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 154
Jonathan Lait, Director
Page 5
Historic Inventory would be inconsistent with State ADU Law. The City must
remove this reference.
13. Section 18.09.040 (j)(4) – “Street Side Setbacks” – The Ordinance states, “For
corner lots developed as a single-family home only, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously with
the construction of a new ADU/JADU, all structures may be built to a 10-foot
street-side setback and a 16-foot front yard setback, regardless of the presence
of a special setback, unless a fire or life-safety regulation requires a greater
setback.” A street side setback for a corner lot is in essence a front setback.
Government Code section 66321, subdivision (b)(3) states that a front setback
may not preclude the development of an 800 square foot unit. The City must
note the exception.
14. Section 18.09.040 (l) – Parking Exceptions – The Ordinance does not provide
for exemptions to parking requirements pursuant to Government Code section
66322, subdivisions (a)(1) through (a)(6):
“(1) Where the accessory dwelling unit is located within one-half of one
mile walking distance of public transit.
(2) Where the accessory dwelling unit is located within an architecturally
and historically significant historic district.
(3) Where 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.
(6) When a permit application for an accessory dwelling unit is submitted
with a permit application to create a new single-family dwelling or a new
multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this
subdivision.
Therefore, the City must amend the Ordinance to add the required exemptions.
15. 18.09.040 (l)(2) – Garage Conversion and Replacement Parking – The
Ordinance states, “Replacement parking is required when an existing attached
garage, carport, or covered parking structure is converted to a JADU….” Local
agencies may not require parking as a condition to permitting a JADU, even
when the JADU is converted from an attached garage.2 The City must amend
the Ordinance accordingly.
2 Gov. Code, § 66334, subd. (a).
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 155
Jonathan Lait, Director
Page 6
16. 18.09.050 (a) - JADUs in Attached Garages – The Ordinance states, “A junior
accessory dwelling unit may only be created on a lot in a single-family
residential zone with an existing or proposed single family residence. A junior
accessory dwelling unit shall be attached to or created within the walls of an
existing or proposed primary dwelling.” However, Government Code section
66333, subdivision (d) states that for the purposes of siting JADUs, “enclosed
uses within the residence, such as attached garages, are considered a part of
the proposed or existing single-family residence.” Therefore, the City must
amend the Ordinance to include a reference to enclosed uses.
17. 18.09.050 (b)(i) and (ii) – JADU Kitchen Facilities – The Ordinance states, “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.” It also
states “[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.” However, Government Code section 66333,
subdivision (f) requires “the permitted junior accessory dwelling unit to include
an efficiency kitchen, which shall include all of the following: (1) A cooking
facility with appliances. (2) A food preparation counter and storage cabinets
that are of reasonable size in relation to the size of the junior accessory
dwelling unit.” The terms “appliances” and “reasonable size” are broad
provisions in statute. Therefore, the Ordinance is more stringent than state
JADU law. The City must remove the quoted language.
18. 18.09.050 (b) iii. – JADU Entry – The Ordinance states, “JADUs may share
sanitation facilities (bathrooms, laundry facilities, etc.) with the primary unit.”
However, Government Code section 66333, subdivision (e)(2) states “If a
permitted junior accessory dwelling unit does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main living
area.” Therefore, the City must amend the Ordinance to comply with State ADU
Law.
19. 18.09.050 (e) – JADU Term Limits – The Ordinance requires that JADU deed
restrictions “[do] not permit short-term rentals”. However, Government Code
section 66333, subdivision (c) requires only “(1) A prohibition on the sale of the
junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced
against future purchasers. (2) A restriction on the size and attributes of the
junior accessory dwelling unit that conforms with this article.” No additional
provisions may be added to the listed deed restrictions in statute. JADU Law
does not provide for rental limits to JADUs and therefore the City may not
require these term limits. Therefore, the City must amend the Ordinance
accordingly.
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 156
Jonathan Lait, Director
Page 7
20. 18.04.030 (a)(75)(A) – Kitchen Requirements – The Ordinance requires “major
appliances” and then states, “For ADUs, major appliances shall mean a
minimum two burner installed range, and an oven or convection microwave, as
well as a minimum 11 cubic foot freezer and refrigerator combination unit.
Kitchens shall also include counter space for food preparation equal to a
minimum 24-inch depth and 36-inch length, and a sink that facilitates hot and
cold water.” However, Government Code section 66313, subdivision (a) defines
ADUs as needing only “permanent provisions for living, sleeping, eating,
cooking, and sanitation” and does not describe them any further. Additionally,
section 66313, subdivision (a)(1) allows ADUs to be an efficiency unit, which
Health and Safety Code section 17958.1 states may have “partial kitchen”
facilities. Therefore, the establishment of appliance and counterspace
minimums are inconsistent with State ADU Law. The City must amend the
Ordinance accordingly.
Please note that the City has two options in response to this letter.3 The City can either
amend the Ordinance to comply with State ADU Law 4 or adopt the Ordinance without
changes and include findings in its resolution adopting the Ordinance that explain the
reasons the City believes that the Ordinance complies with State ADU Law despite
HCD’s findings.5 If the City fails to take either course of action and bring the Ordinance
into compliance with State ADU Law, HCD must notify the City and may notify the
California Office of the Attorney General that the City is in violation of State ADU Law.6
HCD appreciates the City efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please feel free to contact Mike Van Gorder at mikevangorder@hcd.ca.gov if you have
any questions.
Sincerely,
Jamie Candelaria
Senior Housing Accountability Unit Manager
Housing Policy Development Division
3 Gov. Code, § 66326, subd. (c)(1).
4 Gov. Code, § 66326, subd. (b)(2)(A).
5 Gov. Code, § 66326, subd. (b)(2)(B).
6 Gov. Code, § 66326, subd. (c)(1).
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 157
State ADU/JADU Law Statutory Conversion Table
Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
Article 2. Accessory Dwelling Unit Approvals
Article 3. Junior Accessory Dwelling Units
Article 4. Accessory Dwelling Unit Sales
Item 3
Attachment C - HCD
Response to ADU
Ordinance
Packet Pg. 158
November 26, 2024
Mike Van Gorder
Housing & Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Mike.VanGorder@hcd.ca.gov
Dear Mr. Van Gorder,
This letter represents the City of Palo Alto’s response to HCD’s letter dated October 29, 2024.
1. HCD Comments 1, 3, 7-8, 11-12, 15, and 19: the City will update its ordinance to incorporate this
feedback by June 30, 2025.
2. HCD Comments 2, 4-6, 16, and 18: Unless HCD requires local implementing ordinances match
verbatim state law, no change is needed as the local ordinance complies with state law.
3. HCD Comment 9: the City’s Tree Ordinance is included in the local ADU ordinance and is not a
separate policy document or ordinance; the City could restate that language but this seems
unnecessarily duplicative. Accordingly, the City does not a believe a change needed.
4. HCD Comment 10: there continues to a be a misunderstanding regarding this section. Nothing about
this section precludes JADU production in compliance with state law. This section sets forth
incentives that allow a JADU to be constructed in conjunction with new development and not
converted after the fact. Table 2 is more permissive than state law and has yielded a significant
increase in JADU production in Palo Alto.
5. HCD Comment 13: This is a local incentive for homeowners on corner lots. Nothing about this
incentive precludes construction of an ADU in compliance with state law. The City does not a
believe a change needed.
6. HCD Comment 14: The City does not require parking for J/ADUs. The local implementing ordinance
does not need include every provision or exemption of state law.
7. HCD Comments 17 and 20: State law requires J/ADUs be reviewed ministerially against objective
criteria. HCD’s comment would have the City use subjective criteria to assess reasonableness and
introduce discretionary decision-making. If HCD has objectively defined a reasonableness standard,
please share, otherwise, the City does not believe a change is warranted.
Please advise if HCD disagrees with any of the City’s responses. To meet our June 2025 timeframe
reported in comment response 1 above, we request a meeting before January 31, 2025, if necessary.
Sincerely,
Jonathan Lait
Director of Planning and Development Services
Docusign Envelope ID: 329BD321-FBC3-4061-B1C0-06B783805F21
Item 3
Attachment D - Staff
Response to HCD
Packet Pg. 159
1
City of Palo Alto-Notes re 2025-03 ADU reforms (comments from 2024-10 HCD Letter in blue; abbreviations at end)2025-03-25 Ver. 0.3
(WIP draft).
Category No.Issue Reference(s)
"18.09.030
Units
Exempt
from
Generally
Applicable
Local
Regulations
"1
The HCD's comments concern additional height requirements for, , detached ADUs witihin a half mile of a major transit stop or a high-quality transit corridor,
as well as additional height for matching the roof pitch of the primary dwelling. Those changes should be adopted.
Please also see the further discussions below, "Additional concerns re setbacks, daylight plane, and height," and "Palo Alto should use HCD tools for determining
whether a given parcel is within 1/2 mile of transit."
2024-10 HCD Letter,
#2
2 These proposed changes should be adopted.
2024-10 HCD Letter,
#3
3 This proposed change, which concerns Gov. C. sec. 66331, should be made.
2024-10 HCD Letter,
#4
4
This proposed change, which refers to ADU construction not triggering "a requirement for fire sprinklers to be installed in the existing multifamily dwelling," should
be made.
2024-10 HCD Letter,
#5
5
The proposed change, which concerns JADUs without a separate bathroom needing "a separate entrance from the main entrance to the structure, with an interior
entry to the main living area," should be adopted.
2024-10 HCD Letter,
#6
6
As indicated by the HCD, the City should amend this portion of the Ordinance to allow for the expansion for ingress and egress pursuant to Gov. C. subd.
66323(a)(1)(A).
Although not specifically noted by HCD:
(a) in the Ordinance, "renovation of reconstruction..." should perhaps read, "renovation or reconstruction...."; and,2024-10 HCD Letter,
#7
7
Both sections of the Ordinance should allow for the separate sale of an ADU "built or developed by a qualified nonprofit corporation, among other things," to a
qualified buyer pursuant to Gov. C. sec. 66341.
2024-10 HCD Letter,
#8
Section 18.09.030 (a) iii -- "Footnote 5 in Table 1 of Section 18.09.030 provides for these allowances, the City must amend the Ordinance to comply with
State ADU law and avoid contradictory provisions."
Section 18.09.030 Table 1 – . "This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new
construction ADU; and one JADU."
Section 18.09.030(d) –. "Therefore, the City must add language allowing delay of enforcement."
Section 18.09.030(d) –. "Therefore, City must add the second sentence in the preceding citation to the Ordinance to be consistent with State ADU
law.."
Section 18.09.030 (g) – JADUs and Interior Entry. "Therefore, the City must amend the Ordinance accordingly."
Section 18.09.030(h) – .
Sections 18.09.030(j) & 18.09.040(m)(2) – .
Height.
Unit Allowance
Delay of Enforcement
Sprinklers
Conversion and Expansion
Separate Sale
e.g.
Gov. C. subd.
66321(b)(4)(B)
Gov. C. subd.
66323(a)(1)(C)
Gov. C. subd.
66317(c)
Gov. C. sec. 66323
Gov. C. sec. 66331
Gov. C. subd.
66323(d)
Gov. C. subd.
66333(e)(2)
Gov. C. subd.
66323(a)(1)(A)
Gov. C. subd. 66341
(b) if the ADU being expanded for ingress and egress is a 66323 Unit (formerly sometimes known as a statewide exemption ADU) under Gov. C. subd.
66323(a)(1), then, in addition, such an expansion should not be subject to Section 18.09.040.
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 160
2
8
(a) All explicit or implicit references to any of the City's tree or landscape regulations, including those in PAMC Chap. 8.10, "Tree and Landscape Preservation and
Management," should be deleted from the ADU Ordinance.
(b) PAMC Chap. 8.10 should be amended to make clear that it may not be applied or enforced with regard to ADUs, pursuant to Gov. C. subd. 66317(c).
(c) Any review of an ADU permit application by the City's Public Works Urban Forestry Section, or any other part of the City seeking information or review with
regard to the City's tree or landscape regulations, should cease, pursuant to Gov. C. subd. 66317(c).
(d) These actions are consistent with Governor Newsom's recent . As explained on February 6, 2025 in a , "The
executive order issued by Governor Newsom," among other things, "[d]irects the State Board of Forestry to accelerate its work to adopt regulations known as
“Zone 0,” which will require "an ember-resistant zone within 5 feet of structures located in the highest fire severity zones in the state."
From the recent, devastating fires in Southern California and advances in fire science, we know that "Zone 0" protections are critical to enhancing fire safety for
California homes. The current Tree Ordinance should not prohibit Palo Altans from defending their homes against the increasing and increasingly great threats of
wildfires resulting from catastrophic global heating.
2024-10 HCD Letter,
#9
"18.09.040
Units
Subject to
Local
Standards."
9
As indicated by the HCD, the City should amend this portion of the Ordinance to "remove references to JADUs in this section," because JADUs are created
pursuant to Gov. C. subd. 66323(a)(1), "and would therefore be approved under section 18.090.030."
2024-10 HCD Letter,
#10
10
As indicated by the HCD, the City should amend this portion of the Ordinance to clarify that ADUs may be built when a "lot is zoned to allow single-family or
multifamily dwelling residential use...," pursuant to Gov. C. subd. 66314.
2024-10 HCD Letter,
#11
11
As indicated by the HCD, the City should amend this portion of the Ordinance to delete any reference to the Palo Alto Historic Inventory, pursuant to Gov. C.
subd. 66314(b)(1).
Although not specifically noted by HCD, this also means that the City should refrain from any review of an ADU permit application by the City's Planning
personnel or any other part of the City with reference to the Palo Alto Historic Inventory, pursuant to Gov. C. subd. 66317(c).
2024-10 HCD Letter,
#11
12
As indicated by the HCD, the City should amend this portion of the Ordinance to make clear that, in the case of a street-side setback, as well as a front setback,
such a setback "may not preclude the development of an 800 square foot unit," pursuant to Gov. C. subd. Gov. C. subd. 66321(b)(3).
2024-10 HCD Letter,
#13
13
As indicated by the HCD, the City should amend this portion of the Ordinance to include the parking exceptions included in Gov. C. subds. 66322(a)(1)-(a)(6),
, if an ADU is within a half mile of public transit.
2024-10 HCD Letter,
#14
14
As indicated by the HCD, the City "may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage,"
citing Gov. C. subd. 66334(a) in a footnote. This change should be made.
2024-10 HCD Letter,
#15
Sections 18.09.030(m) & 18.09.040(g) and (j)(2)(C) –
Section 18.09.040(a) – JADUs and Development Standards.
Section 18.09.040(c) – Multifamily ADU Allowances.
Section 18.09.040(h) – Local Historic Register.
Section 18.09.040 (j)(4) – Street-Side Setback.
Section 18.09.040 (l) – Parking Exceptions.
18.09.040 (l)(2) – Garage Conversion and Replacement Parking.
Tree Ordinance.
Executive Order N-18-25 separate announcement
Gov. C. subd.
66317(c)
Gov. C. subd.
66323(a)(1)(A)
Gov. C. subd. 66314
Gov. C. subd.
66314(b)(1)
Gov. C. subd.
66317(c)
Gov. C. subd.
66321(b)(3)
Gov. C. subds.
66322(a)(1)-(a)(6)
Gov. C. subd.
66334(a)
e.g.
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 161
3
"18.09.050
Additional
Requireme
nts for
JADUs"
15
As indicated by the HCD, the City should amend this portion of the Ordinance to clarify that "'enclosed uses within the residence' include 'attached garages,
[which] are considered a part of the proposed or existing single-family residence.'” Gov. C. subd. 66333(d).
2024-10 HCD Letter,
#16
16
As indicated by the HCD, the City should amend this portion of the Ordinance to conform with the broad language of Gov. C. subd. 66333(f), deleting the City's
more stringent requirements regarding JADU kitchens.
2024-10 HCD Letter,
#17
17 As indicated by the HCD, the City should amend this portion of the Ordinance to conform with the precise terms of Gov. C. subd. 66333(e)(2).
2024-10 HCD Letter,
#18
18
As indicated by the HCD, Gov. C. subd. 66333(c) does not include authority for prohibiting short term rentals, and the City must delete such provisions from its list
of deed restrictions.
2024-10 HCD Letter,
#19
"18.04.030
Definitions"
19
.
As indicated by the HCD, Gov. C. subd. 66313(a) does not specifically define cooking facilities, and HSC sec. 17958.1 allows for "'partial kitchen'" facilities.
Accordingly, the City must delete its appliance and counterspace requirements for ADUs.
Although not specifically noted by HCD, relying upon those same code sections, an ADU applicant constructing an "efficiency unit" should also be allowed to
provide only "partial .... bathroom facilities," as described in HSC sec. 17958.1.
2024-10 HCD Letter,
#20
Additional
proposed
regulatory
changes
20
Combine building permit applications and demo permit applications for ADUs, and make
responsibilities for matters typically handled by contractors (such as securing a J#) post-permit-issuance, rather than pre-permit-issuance, requirements. Such
changes should be memorialized in Chp. 18.09 of the PAMC.
21
The 60-day time limit for approving or denying an ADU or JADU permit application should be (a) strictly observed, and (b)
calculated using the equivalent of a "chess clock" displayed in the City's online permitting system. Such changes should be memorialized in Chp. 18.09 of the
PAMC.
".
Adds a requirement for
a local agency to
review and issue a
demolition permit for
“a detached garage
that is to be replaced
with an ADU” at the
same time it reviews,
and issues permits for,
the ADU construction.
(Gov Code §66314
".
Requires a permitting
agency to either
approve or deny
(replacing the former
language “act on”) an
application to create or
serve an ADU or
JADU within 60 days
18.09.050 (a) - JADUs in Attached Garages.
18.09.050 (b)(i) and (ii) – JADU Kitchen Facilities.
18.09.050 (b) iii. – JADU Entry.
18.09.050 (e) – JADU Term Limits.
18.04.030(a)(75)(A) – Kitchen Requirements
Gov. C. subd.
66333(d)
Gov. C. subd. 66333(f)
Gov. C. subd.
66333(e)(2)
Gov. C. subd.
66333(c)
Gov. C. subd.
66313(a)
HSC sec. 17958.1
Integrate building and demo permit applications for ADUs.
Enforce the 60-day time limit.
Demolition Permits
Permitting Process
Compare:
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 162
4
22
Prohibit reviewers from adding new plan check comments after C1 plan check comments have been returned to an
applicant unless such new plan check comments (a) only note a failure to comply with prior plan check comments, or (b) are directed to and concern only
changes in submittal materials made in response to earlier plan check comments. Such changes should be memorialized in Chp. 18.09 of the PAMC.
23
The City's "Fire Department Checklist for Residential Plan Review" includes a misleading question,
which can lead to an incorrect plan check comment. It asks: "Are you doing an addition that will result in the total floor area (including basements and attached
garages) exceeding 3600 square feet?" This question refers impliciitly to PAMC subd. 16.06.140, "Section R313.2.2 NFPA 13D sprinkler systems increase in
design requirements," whose numbered sub-part 2 states, "Structures where the combined fire area is 3600 sq ft or larger." FAR is simply not the same as fire
area. Accordingly, the fire review criteria should focus on fire area, not FAR, and the Fire Department checklist should be revised accordingly.
, : "[BF] FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls or
horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the
horizontal projection of the roof or floor next above."
24
Instead:
(1) Consider the two buildings as one structure with two dwelling units. This would be the same as considering one structure with an attached ADU.
(2) One of the walls between the buildings to be considered as the wall separating dwelling units would require 1-hour fire-rating with 45 min. rated opening
protection (the same as fire partition requirements per CBC).
CRC R302.3.
25
"
Obligates a
permitting agency,
when it denies an ADU
or JADU application,
to “return in writing a
full set of comments to
the applicant with a list
of items that are
defective or deficient
.
Gov. C. subd. 66314(d)(8) states in part:
"[T]he construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of
the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written
finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and
safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was
only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article." (Introductory language omitted.)
., California Building Officials, ""
No new-later-cycle plan check comments.
Fire review criteria should focus on "fire area," not FAR.
No assumed property line between two buildings.
Permitting Agency
Denials.
Constructing an ADU does not change a Group R occupancy, unless an authorized representative of a local agency makes a specific, written finding
regarding a particular project
See also
See, e.g.,
See also, e.g
Cal. Fire Code (2022) sec. 202
Accessory Dwelling Units, SB 897: Accessory Dwelling Units: junior accessory dwelling units.
PAMC subd.
16.06.140
CRC R302.3
Gov. C. subd. 66314
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 163
5
26
Palo Alto recently replaced per-unit with per-square-foot impact fees to comply with prior state law. Nonetheless, it still treats ADUs unfairly, because on parcels
with existing SFRs, it does not levy impact fees on additions or even complete “scrapes.” (video recording of the
.)
The proportionality example at p. 23 of the HCD’s 2025 ADU Handbook refers to “a new primary dwelling on the same site.”
If a parcel in Palo Alto has an existing SFR, a new primary dwelling on that site would not trigger any impact fees under the city’s procedures. Consequently, the
proportionate impact fees for an ADU of any size should also be zero.
Imposition of such impact fees on ADUs should cease immediately (and the City should refund amounts charged improperly to applicants, as discussed below).
2025-01 HCD ADU
Handbook, p. 23.
"(c) (1) 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."
27
.
Payment of impact fees on ADUs, among other projects, may deferred until , as now codified in , as well as ,
which was updated recently based on Ord. 5645.
If any impact fees are assessed on ADUs, then homeowners should be allowed to defer payment of such fees, and the issuance of a permit to build an ADU
should not be deferred pending their payment.
But requiring that homeowners record a lien for payment of such fees is unnecessarily burdensome, time-consuming, and expensive. The City should be able to
craft other means of ensuring that such fees, if any, are paid prior to final inspection or issuance of a certificate of occupancy using the City's own permitting and
inspection systems, rather than requiring a recorded lien.
28
.
As indicated above, the City's current impact fee regime as applied to ADUs is, at best, problematic. If the City is genuinely interested in providing more and more
affordable housing, and if the City wishes to meet its Housing Element goals by producing more ADUs, one of the most reasonable steps would be to eliminate
impact fees on ADUs altogether.
In addition, one might have doubts about the continued constitutional validity of California's impact fee system. following the vacating of the prior
submission of the case in , Case Number C093682, before the 3rd District Court of Appeal, is now scheduled for June 24, 2025.
,
Case Number
C093682.
Because the City does not charge impact fees for additions to or scrapes of single-family residences (SFRs), proportionality requires that impact fees
be eliminated for ADUs.
If the City does charge any impact fees on ADUs, applicants should be allowed to defer them without recording a lien against their properties
Indeed, the City can and should go further and simply eliminate impact fees on ADUs
See, e.g.,
Sheetz v. County of El Dorado
Palo Alto City Council meeting on
November 18, 2024
Gov. C. subd.
66324(c)(1)
SB 937 Gov. C. sec. 66007 PAMC subd.16.64.030
Oral argument
Docket of Sheetz v.
County of El Dorado
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 164
6
29
The HCD has clarified how square footage of ADUs and JADUs should be calculated:
"The CBC defines “Floor Area, Gross” as “[t]he floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent
shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building,
or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor
area shall not include shafts with no openings or interior courts.
Government Code section 66314, subdivision (d)(8) states that a local ADU ordinance must require ADUs to comply with local building codes. Thus, when a local
agency has not adopted specific changes to the CBC in its local building standards, then the CBC standards, and in this case the definition of floor area, shall
apply. If the local agency has made specific amendments, additions, or deletions relating to the definition of “Floor Area” within its local building standards, then
those altered definitions shall apply." 2025-01 HCD ADU Handbook, p. 39.
Palo Alto does ot appear to have incorporated a change to this portion of the CBC. PAMC subds.. Consequently, Palo Alto is bound by the
CBC rules, requiring measurements to "the inside perimeter of the exterior walls of the building under consideration...." But Palo Alto measures "to the outside of
stud walls...." . The same considerations likely apply to lot coverage and other zoning measurements based on square footage
calculations. Therefore, Palo Alto's Municipal Code and its calculation of square footages for ADUs must be changed.
In addition, because the PAMC likely requires conformity with the CBC for single-family homes, absent specific local changes, this problem may affect the
calculation of square footages for single-family homes as well.
2025-01 HCD ADU
Handbook, p. 39
Palo Alto incorrectly calculates square footages, including FAR, for ADUs, and possibly single-family homes as well.
See 16.04.230-240
PAMC subd. 18.04.030(a)(65)(C)
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 165
7
30
(g) Palo Alto should use HCD tools for determining whether a given parcel is within 1/2 mile of transit. (PLEASE NOTE: please see the further discussion
immediatley below.)
2024-10 HCD Letter,
#3
Additional local design, zoning, and other standards may not be imposed on 66323 Units.
The 2025-01 HCD ADU Handbook makes clear, at p 20, that development of 6623 Units may not be curtailed by local standards that penalize such
"state exemption" ADUs and JADUs. (This principle applies to all four categories of ADUs and JADUs identified in Gov. C. sec. 66323.) As the HCD
has explained:
"What design, zoning, or other local standards can be imposed on 66323 Units?
A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323
Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to,
parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.)." (Blue font deleted.). 2025-01 HCD ADU
Handbook, p. 20.
Palo Alto has many ADU-specific, local standards that may not be applied to 66323 Units, including, but not limited to, the following:
(a) Palo Alto calculates allowable heights for all ADUs differently from single-family homes in flood zones. See, e.g., footnotes 3 and 3 to Table 1 of
Section 18.09.030 and Table 2 of Section 18.09.040, respectively.
(b) Palo Alto calculates FAR for basements for all ADUs differently from single-family homes. See, e.g., City of Palo Alto, "Guidebook 2024, Accessory
Dwelling Unit" ("Palo Alto ADU Guidebook 2024"), p. 16: "Basements are permitted, but habitable basement space will contribute to unit size."
Contrast one part of the definition of "Gross floor area" in PAMC subd. 18.04.030(a)(65)(D)(i):
"D) Low Density Residential Exclusions: In the RE and R-1 single-family residence districts and in the R-2 and RMD two-family residence districts,
'gross floor area' shall not include the following:
(i) Basements where the finished level of the first floor is not more than three feet above the grade around the perimeter of the building
foundation, shall be excluded from the calculation of gross floor area, provided that lightwells, stairwells and other excavated features comply with
the provisions of Section 18.12.070;....'
(c) Palo Alto incorrectly calculates FAR for ADUs, and possibly single-family homes as well, requiring measurements "to the outside of stud walls...."
PAMC subd. 18.04.030(a)(65)(C). (See the discussion above.)
(d) Palo Alto generally prohibits ADUs from either (i) using an existing sewer line for a single-family to convey sewage from an ADU to the main sewer
system or (ii) running a separate sewer line for an ADU under a single-family home, effectively requiring long, sometimes tortuous, and frequently
expensive separate sewer runs for ADUs. (This requirement is believed to be in a manual maintained at the Development Services office, to which I
do not presently have access.) But these requirements as well go beyond the text of Gov. C. sec. 66323. (See also the discussion below of the limited
scope of utilities review of ADU building permit applications.)
(e) Palo Alto, through City of Palo Alto Utilities, prohibits ADUs from obtaining their own, separate municipal utilities. This too may operate as a
constraint on the production of 66323 Units. Homeowners should have the choice of whether to connect ADUs, both attached and detached, directly
to CPAU utilities.
(f) Just as Urban Forestry review should not be part of permitting, CPAU should not review ADU or JADU permit applications unless the applicant
specifically requests such permitting review in writing as part of the permit application. Otherwise, such CPAU review may also operate as a
constraint on the production of 66323 Units. The City has already determined which parts of Palo Alto have adequate water and sewer service. This is
apparently includes all residential areas in Palo Alto: "ADUs are allowed on any property where single- or multi-family residential is a permited use."
Palo Alto ADU Guidebook 2024, p. 6. ADU and JADU applicants should simply indicate that the parcel is located in a residential area on the title sheet
of a set of plans for an ADU or a JADU. Applicants should have the option of deferring all other CPAU reviews until after a permit has issued. This
will also facilitate contractor involvement with utilities issues. (See also the additional discussion of limitations on CPAU permitting review below.)
Gov. C. sec. 66323
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 166
830
A
PLEASE NOTE: These are additional comments provided on 2025-03-25.
2024-10 HCD Letter,
#3
Additional local design, zoning, and other standards may not be imposed on 66323 Units (continued).
(h) This concern applies specifically to 66323 Units, as well as to what might be deemed "66321 Units." Palo Alto should not only use HCD tools for
determining whether a given parcel is within 1/2 mile of transit, it should also acknowledge (i) that non-VTA bus routes are relevant to determining
such areas, (ii) the appropriate unit of analysis is a bus stop, not a bus route, and (iii) the requisite periodicty established by state law has changed
recently, (iv) requiring that Palo Alto's current maps, wherever they are maintained and shared with the public, be revised.
The HCD has prepared an "Affirmatively Furthering Fair Housing (AFFH), Data Viewer & Mapping Resources," which provides tools for determining
whether a given parcel is or is not within 1/2 mile of transit. I have not checked this recently, but in the past I have observed that the results of using
the HCD tool lead to different results from consulting with the City regarding the distance between particular parcels and transit. In general, I believe
that the City should, at a minimum, accept the results from such HCD tools, even if the City wishes to be more generous than the state mandates.
Reasons for this conclusion include the following:
(i) I believe that non-VTA bus routes are relevant to determining such areas. Although I have not been able to find a public-facing, web-available tool
from the City for determining whether or not a given parcel is within 1/2 mile of transit, based on past communications, I believe, but have not
confirmed, that the City's current maps are based on VTA bus routes. But there are other transit providers whose routes should be considered, such
as AC Transit, Stanford, and perhaps others, and, as far as I know, one cannot easily test the City's maps to determine whether such other routes are
even being considered in determining such 1/2 mile distances.
(ii) Importantly, the appropriate unit of analysis is a bus stop, not a bus route. Gov. C. subd. 66321(b)(4)(B), for example, refers to this distance:
"one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code." The phrase "major transit stop" is significant. PRC subd. 21155(b) states, in part, "
"A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in
the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service
with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major
transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from
the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile
from the stop or corridor." (Emphasis added.)
(iii) PRC sec. 21064.3 was recently changed. ("Amended by Stats. 2024, Ch. 275, Sec. 2. (AB 2553) Effective January 1, 2025.). It now states:
"“Major transit stop” means a site containing any of the following: (a) An existing rail or bus rapid transit station. (b) A ferry terminal served by either
a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the
morning and afternoon peak commute periods."
In terms of implications for Palo Alto's ADU ordinace, specifically with reference to height limits:
(1) It is unclear how one can interrogate the City's current maps through the web. Asking regarding particular parcels is accepting a "black box"
analysis which is not transparent. Homeowners are entitled to know what they can build before they incur the cost and expense of preparing a permit
application, and the community should be able to know, for example, in the context of urging the City Council to amend its current ordinance, which
specific areas of Palo Alto the City current considers to be within such 1/2 mile distances.
(2) It is unclear whether the City has even begun to update its analyses based on the recent changes to PRC sec. 21064.3 with its new, 20-min.
standard.
(3) It is unclear whether the City has taken account of non-VTA transit providers, including AC Transit and Stanford, among others.
(4) It is unclear on what principled basis the City would substitute its own analyses for those of HCD.
(5) And, perhaps most importantly, while I am not certain, I believe that the City has constructed its map based on bus routes, rather than bus stops.
A "major transit stop" includes "the intersection of two or more major bus routes...." There is nothing on the face of PRC sec. 21064.3 requiring that
such bus routes be orthogonal, or even at a slight angle, to one another. In the absence of such a legislative requirement, two bus routes could
intersect by overlaping one another. Since the fundamental unit of analysis is a "major transit stop," this means that the number of "major transit
stops" throughout Palo Alto is likely considerable greater than that suggested by the City's maps. In many instances, VTA, AC Transit, Stanford, and
perhaps other transit servcie providers (including the City itself, whether now or in the future) run buses along the same major vehicular arteries,
such as University, Embaracadero, San Antonio, Middlefield, etc. Although service may be provided by different agencies or carriers at such stops,
because the same bus stop is served by multiple providers, there are likely far more that qualify as "major transit stops" under the new 20-min.
standard. If the City has not undertaken such an analysis, in addition to acknowleging and accepting the results of the HCD's tools, it should also
calculate which particular stops in Palo Alto are served with 20-min. intervals by any carrier at peak commute times. It would be sad, and, indeed,
ironic, were the City not to take account of interactions between different transit providers for the purposes of assessing height limitations for ADUs
when its own "Getting Around" web page champions "the free Stanford Marguerite shuttle bus network" as complementing VTA buses.Gov. C. sec. 66323
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 167
9
31
PLEASE NOTE: Please see the further discussion immediate below.
2024-10 HCD Letter,
#2
Additional concerns re setbacks, daylight plane, and height.
Although not specifically noted by the HCD (discussion of "Section 18.09.030 (a) iii -- Height," above, parts of both Table 1 of Section 18.09.030
and Table 2 of Section 18.09.040 are inconsistent with state law. Among other things, "66323 Units do not have to comply with lot coverage, front
setbacks, and design standards." The 2025-01 HCD ADU Handbook, p. 18. paragraph immediately below table at p. 20. That 66323 Units do not
have to comply with lot coverage, front setbacks, and design standards affects both Table 1 and, importantly, and Table 2 as well, in several ways:
(a) The heading for the third column from the left of Table 1 reads, "Construction of Attached ADU Within the Proposed Space of a Single-Family
Home," and a large cell for the rows concerning setbacks, daylight plane, and maximum height states, "Underlying zone standard for Single[-]Family
Home (ADU must be within allowable space of Single-Family Home)."
(b) As for setbacks, Gov. C. subd. 66323(a)(1)(C) states, "The side and rear setbacks are sufficient for fire and safety," not that the setbacks are the
same as for the single-family home.
(c) As for daylight plane requirements, none are mentioned in Gov. C. subd. 66323(a); therefore, for the same reasons discussed by the HCD in
2024-10 HCD Letter, #9 (discussed above), under Gov. C. subd. 66317(c), the City may not enact additional requirements to delay an ADU or JADU
building permit.
(d) As for maximum height, footnote (3) states, "Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling."
Again, under Gov. C. subd. 66317(c), the City may not enact additional requirements to delay an ADU or JADU building permit. Consequently, the City
cannot rely upon other parts of the PAMC to reduce the effective height limit for ADUs.
(e) In addition, the heading for the second column from the left of Table 2 merely states, "Attached," but its problems --- regarding setbacks, daylight
plane, and maximum heigh --- are analogous to those of the third column in Table 1, and they too must be corrected.
(f) Both tables should incorporate the current guidance from HCD regarding two-story ADUs:
"If a detached two-story ADU can be built according to the height allowances required under State ADU Law while remaining compliant with the
building code, a local agency cannot deny an ADU application to create a two-story ADU, irrespective of the underlying zoning that might restrict a
primary dwelling to one story. (Gov. Code, §§ 66321, subd. (b)(4)(D); 66314, subd. (d)(8).)". 2025-01 HCD ADU Handbook, p. 25.
see
Cf.
Gov. C. subd.
66321(b)(4)(B)
Gov. C. subd.
66323(a)(1)(C)
Gov. C. subd.
66317(c)
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 168
10
31
A
(g) While 66323 Units have a special status, including an explicit ministerial approval requirement, , additional concerns regarding Palo
Alto's current ADU ordinance concerning setbacks, daylight plan, and height arise from consideration of . For example, while
does not speak separately and explicitly to rules governing attached ADU ("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...."), state ADU laws still encourage and protect
the development of attached ADUs in important ways. Among other things:
Gov. C. subd. 66321(a) explicitly references "both attached and detached accessory dwelling units."
Gov. C. subd. 66321(b)(2) sets floors for the maximum sizes of all ADUs and those that "provide[] more than one bedroom."
Gov. C. subd. 66321(b)(4)(D) generally provides greater height limits for attached ADUs: "A height of 25 feet or the height limitation in the local zoning ordinance
that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a
local agency to allow an accessory dwelling unit to exceed two stories."
And Gov. C. subd. 66321(b)(3) establishes a special set of protections for "an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks
to be constructed in compliance with all other local development standards."
Because all of these provisions are part of one section of the Government Code, and because Gov. C. sec. 66321 should be read in harmony with Gov. C. subd.
66323, along with the other parts of Article 2, an 800-sf ADU with four-foot side and rear setbacks, whether attached or detached, enjoys, among other things, the
additional height allowances provided by Gov. C. subd. 66321(b)(4)(D), and protection from any portion of any local agency ordinance that would seek to impose
"[a]ny requirement for a zoning clearance or separate zoning review or 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, front setbacks, and minimum lot size, for either
attached or detached dwellings...." Gov. C. subd. 66321(b)(3).
Applying these principles to Palo Alto's current ADU ordinance leads to several important conclusions, including, but not limited to, the following:
(1) Palo Alto must allow an attached ADU at least 800 sf in size to be built out to four-foot side and rear setbacks; in other words, it need not be confined to the
setbacks for the primary dwelling on the lot.
(2) Such an ADU would enjoy the height benefits provided by Gov. C. subd. 66321(b)(4)(D); as a result, in most parts of it could be built to 25', provided that it
does not have more than two stories.
(3) Although it is perhaps a bit of an open question, I believe that the most reasonable reading of Gov. C. sec. 66321, particulary in light of Gov. C. subd. 66323,
along with the other parts of Article 2, protects such an attached ADU from Palo Alto's daylight plane requirements, provided it respects the four-foot side and rear
setback requirements.
2024-10 HCD Letter,
#2
OTHER
POLICY
CHANGES
32
Althought not required by state law, Government Code section 66342 gives local jurisdictions the option of adopting an ordinance to provide for the separate
conveyance of an ADU, apart from its primary dwelling, as noted by the HCD in a footnote in the 2024-10 HCD letter. Palo Alto should adopt such an ordinance
as a means of stimulating ADU production. Allowing for the separate conveyance of ADUs in Palo Alto would likely expand capital availability for ADU production
considerably.
2024-10 HCD Letter,
#8, fn.1
Additional concerns re setbacks, daylight plane, and height.
PLEASE NOTE: These are additional comments provided on 2025-03-25.
Allow for separate conveyances of ADUs.
Gov. C. subd. 66323(a)
Gov. C. subd. 66321 Gov. C. subd.
66323(a)(1)(A)
Gov. C. subd.
66321(b)(4)(B)
Gov. C. subd.
66323(a)(1)(C)
Gov. C. subd.
66317(c)
Gov. C. sec. 66342.
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 169
11
33
A Palo Alto worksheet for estimating existing electrcal loads (), which is
referenced by implication in Palo Alto's "" at p. 2 ("COMPLETED AND SIGNED UTILITY SERVICE APPLICATION INCLUDING UTILITY
DEMANDS FOR THE REQUIRED SERVICES") essentially relies upon nameplate information, with repeated instructions to specify "Volt Amps from Label." With
Palo Alto's new "Advanced Meter Infrastructure" for electrical service, applicants can, in addition, use , which begins,
"
The calculation of a feeder or service load for existing installations shall be permitted to use actual maximum demand to determine the existing load under all of
the following conditions...."
Palo Alto should: (a) make clear that this alternate form of calculation existing electrical loads can be used for ADUs and JADUs; (b) provide an updated form for
calculating the resultant demand in accordance with CEC (2022) 220.87; and (c) simplify and publicize clearly instructions for obtaining historical load data from
CPAU customer service personnel or directly online through MyCPAU.
34
At present CPAU will sometimes charge a customer for electrical infrastructure upgrades. For example, if a
customer seeks to upgrade a home's electrical service to electrify the home or to add an EV charger, CPAU sometimes allocates the entire cost of that
infrastructure upgrade to the customer requesting a new service, even thought the capacity of the existing CPAU infrastructure reached an exhaustion threshold
by the load demands of all of the customers in a given local area. This can be thought of as a "loser lottery." When this policy is applied to ADUs or JADUs in the
additional regulatory context of the City's newly modified reach codes, it becomes particularly untenable. Making it extremely difficult for ADU or JADU applicants
to have gas appliances while charging them for CPAU electrical infrastructure upgrades creates a "damned if you do, and damned if you don't" choice. This is
also poor public policy because CPAU infrastructure upgrades, in general, should be borne by CPAU itself or all customers, not a select few.
From an ADU and JADU regulatory perspective, such CPAU policies also violate state law. Gov. C. subd. 66314(a) makes clear that (a) only local water and
sewer utilities have any proper participation in ADU and JADU permitting, and (b) even then, the only legitimate inquiry concerns "the adequacy of water and
sewer services...."; once a local agency has consulted with local water and sewer utilities as to which regions with that agency's jurisdiction have adequate water
and sewer services, further involvement of local utilities in ADU and JADU permitting should end. Thus, if a local agency (a) allows water or sewer review of a
particular permit application concerning a parcel that is in an area with adequate water and sewer services, or (b) allows any other local utility to review an ADU or
JADU permit application, it fails to respect and honor that portion of Gov. C. sec. 66314. Therefore, current CPAU policies concerning the "loser lottery" are
doubly problematic: electrical utilities have no role in ADU and JADU permitting, and even if the state had allowed cities to consider the adequacy of electrical
service in a local sub-region --- which is not the case --- once that determination had been made, an electrical utility should not be further involved in permittng for
an ADU or JADU.
CPAU's "loser lottery" policies are troublesome when applied to 66323 Units for other reasons as well. There is no mention of electrical infrastructure upgrades in
Gov. C. sec. 66323, and Gov. C. subds. 66323(b)-(c) state:
"(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that
meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) 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."
Taken together, the entirety of that section and those particular sub-divisions also prohibit the City from forcing ADU or JADU applicants to pay for CPAU
infrastructure upgrades as price for a building permit, as well as prohibiting CPAU electrical permitting review. 2025-01 HCD ADU Handbook, p. 33,
concerning non-conforming zoning.
2025-01 HCD ADU
Handbook, p. 33,
Simplify and improve CPAU load calculatons.
220.87 Determining Existing Loads
End the "loser lottery," and do not condition permit approval of ADUs or JADUs on charging applicants for CPAU infrastructure upgrades, a type of
impermissible demand for public improvements.
res_load_calc_gh_03.24.17_dc1-em
Utility Service Application
CEC (2022) 220.87
Gov. C. sec. 66314
Gov. C. sec. 66323
CEC (2022) 220.87
Cf.
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 170
12
35
A homeowner seeking to build an ADU in a flood zone will frequently be directed to complete a
"," which will likely result in a determination by the City, made using RS Means cost estimating data or software,
which, without further work, frequently results in a determinaton by the City that the cost of adding an ADU is more than 50% of the current value of the primary
home, thus preventing one from obtaining an exception to certain additional flood zone building requirements. As ordinarily followed, this procedure is irrational,
failing to take reasonable account of home values in Palo Alto. Therefore, an applicant is required to seek and to pay for a custom appraisal of the home, one
more expense tacked onto the price of creating the additonal housing that our community needs. A better approach is possible. Here are three suggestions
(doubtless there are more possibilities):
1. The City could acknowledge that the RS Means data and software are extremely poor indicators of the value of existing homes in Palo Alto, and it could create
more realistic estimates of home values in our community. This need not be a major undertaking requiring exceptional expenditures. (Perhaps there are students
at local universities who might find this an interesting project and a worthwhile endeavor that could even lead to creating a profitable business. One will only know
for sure by asking.)
2. The City, having made that acknowledgement, could entertain other approaches that are likely far more accurate than the RS Means data and software
approach. The question ought not to be whether the alternative is perfect, but whether it's better than the current, highly tarnished, "gold standard." The City
should be able to use, for example, rough data from, ., Zillow, to establish the market price of a home and then to have an optional parameter, perhaps 25% or
even 20% (and maybe an variable that changes with both the size of the house relative to the size of the lot and the age of the house) of the Zillow-estimated
FMV as an acceptable approximation of the FMV of the structure on property. Local relators might have even better ideas. Any such figures that accord with the
experience and judgments of those who probably know these values best, such as local relators, ought to be allowed in lieu of a detailed and costly appraisal for
the purposes of a flood-zone-screening analysis. Perhaps waivers or exceptions might be necessary state or federal regulators, but let's not make the process of
building ADUs in Palo Alto --- even in flood zones --- any more expensive than it already is, particularly when RS Means data and software simply fail to measure
actual Palo Alto home FMV values accurately.
3. Simply accept a good-faith estimate provided by a local, licensed relator.
36
In a , the HCD wrote, with respect to Palo Alto's December, 2022 draft housing element:
"Fees and Exaction: While the element describes required fees for single family and multifamily housing developments, including impact fees, on (pp. 4-66) the
element states that impact fees/capacity fees are considered the highest in the County. In addition, on (pp. 4-67) the City recognizes that current
planning/permitting and development fees add substantial cost to residential development."
By this time, if not earlier, Palo Alto reasonably should have known that there were serious problems with its per-unit impact fees as applied to ADUs, and that, as
the City would acknowledge explicitly in the redlined ("V6") of the housing element, if not earlier that:
"Because Palo Alto has historically charged per-unit feesfor residential development, this has led to some inequitable results, as the fees for an ADU will depend
not only on the size of the ADU, but also on the size of the primary unit, with higher fees required under state law when the primary unit is smaller." V6, at p. 4-65.
The City should do the right thing and refund the impact fees that were charged on ADUs improperly from at least March 23, 2023 to the present in two distinct
ways:
1. At a minimum, the City should re-calculate the fees charged on a per-unit basis and refund the difference as compared with the amounts that would be
charged under current rules. To follow its stated values (, Recital A(5) in the draft resolution attached to
": "Will safeguard public trust through transparent practices and open
communication."), this is the minimum that the City should do even to begin to make whole the homeowners who were overcharged for ADU impact fees.
2. If the City recognizes that even the current impact fee structure is improper, as discussed above, then the City should refund the entire amount of the fees
previously charged to such homeowners, as having been charged in violation of state proportionality rules for ADUs.
references noted
above concerning
impact fees and
proportionality.
Create a simplified approach for flood zone appraisals.
Refund improperly charged ADU fees.
FLOOD ZONE SCREENING QUESTIONNAIRE
letter dated March 23, 2023
April, 2024 version
"City Council At Places Memo, From: Mayor
Lauing and Vice Mayor Veenker, Meeting Date: February 24, 2025, Item Number: 8
e.g
see, e.g.
See
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 171
13
37
If the City is serious about meeting its goals in the Housing Element, it should simply waive
all such fees. Impact fees for larger ADUs can amount to tens of thousands of dollars. In addition, permitting fees are themselves consequential, sometimes
amounting to several thousand dollars or more. Building more ADUs and JADUs is, perhaps, the fastest, most effective, and most demonstrably successful
means of creating more and more afforedable housing in Palo Alto. We should make it easier and less expensive for people to build ADUs and JADUs. Waiving
all such fees would send the right message and address current geopolitical conditions. Homeowners are already concerned about the effects of global tariff
wars on the prices of lumber, appliances, and the other goods necessary to construct ADUs and JADUs. Cutting all such fees would show that Palo Alto is
committed to meeting its housing goals even as geopolitical changes create higher construction costs.
references
noted above
concerning impact
fees and
proportionality, as well
as the separate
discussion of simply
ending impact fees on
ADUs.
38
By going beyond what is required by state law in terms
of ADU height, the City may be able to create appropriate incentives for complying with current daylight plane standards. A simple approach would be to allow for
20' high, two-story, detached, Table 2 ADUs, on the condition that they conform with current daylight plane standards. Because the 20' height limit is greater than
that contemplated in state ADU statutes for non-66323 Units, allowing for such an alternative, non-mandatory regulatory pathway might be countenanced by the
HCD.
39
State law allows for 1,200 sf ADUs, and some Bay Area jurisdictions allow for such larger ADUs already. To truly
reform Palo Alto's housing market and spur construction of more and more affordable housing, our community needs to embrace "next phase housing," which will
meet the needs of, and be embraced by, Palo Altans seeking to downsize, but confronted with the unavailability of suitable housing alternatives. Community
members who have lived for decades in larger homes are likely to be sceptical about moving into 800 sf ADUs. 1,200 sf ADUs, which could have a third
bedroom, space for family members who visit occasionally, or home offices, might be attractive enough so that homeowners would consider moving our of their
single-family residences into a 1,200 sf ADU, thus freeing primary dwellings up for rental (and ideally sale, if the City ever embraces Gov. C. sec. 66342).
2024-10 HCD Letter,
#8, fn.1
40
To create the additional and less
expensive housinng that our community needs and deserves, the City should do more than meet minimal standards; it should strive for excellence. Palo Alto
should set a goal of earning a "Prohousing Designation" from the HCD. As shown on the , neighboring cities such as Mountain View and Redwood
City have already achieved such designations, as have other cities such as Santa Monica. Achieving such a designation can unlock meaningful benefits for
creating additional housing in Palo Alto, and changing existing regulations and creating new housing incentives will benefit the Palo Alto community along the way
to earning such a designation.
41
To create more and more affordable housing, the City
should also allocate reasonable funding. In some housing projects, the City appears to expect other government agencies to contribute significantly to
construction costs. But the City has an enormous budget, much more of which could be used to create incentives for new housing. Allocating a tiny fraction of
that budget, even only 25 basis points or less over a two-year period would free up $5 million in total that could be used to test different regulatory and incentive
programs to determine the ease of their implementation and the likelihood of their success. The oversubscription and success of certain state-wide financial
incentives has already demonstrated demand for funds to help build ADU. Palo Alto could and should experiment with such mechanisms and others. Here is a
rough outline of a series of such possible experiments:
Total of $5 million in grants and on-bill financinbg over two years:
Up to 50 $25k grants for pre-designed ADUs
Up to 50 $25k grants based on CalHFA program
Up to 25 on-CPAU-bill financings for first $100k of ADU costs
With this partricular experimental approach, $2.5 million would be returned to the City over time, which could help pay for the next, full implementation phase of
such programs. Creating such incentives, even on an experimental basis, might also accelerate Palo Alto's obtaining a "Prohousing Designation." 2025-01 HCD
ADU Handbook, p. 28.
2025-01 HCD ADU
Handbook, p. 28
Waive all impact and permitting fees on both ADUs and JADUs
Adopt a 20' height limit, specifically for two-story, detached, Table 2 ADUs, with a daylight plane.
Adopt a 1,200 sf size limit for all ADUs.
Palo Alto should seek a "Prohousing Designation," and ADU reforms can help our community to achieve that goal.
Palo Alto should experiment with meaningful financial incentives to increase ADU production.
See also
Gov. C. sec. 66342.
HCD's website
Prohousing
Designation Benefits
and Prohousing
Designated
Jurisdictions
Item 3
Attachment E - Public Comments on
Existing Ordinance
Packet Pg. 172
1
City of Palo Alto-References & Abbreviations re 2025-03 ADU reforms
Abbreviation Reference
2024-10 HCD
Letter
Letter to Jonathan Lait, Director, from Jamie Candelaria Senior Housing
Accountability Unit Manager, HCD, dated October 29, 2024
2025-01 HCD
ADU Handbook
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT,
OK, January 2025ACCESSORY DWELLING UNIT HANDBO
Item 3
Attachment E - Public Comments on
Existing Ordinance
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Item No. 4. Page 1 of 2
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: April 9, 2025
Report #: 2503-4442
TITLE
Election of Chair and Vice Chair
RECOMMENDATION
Staff recommends the Planning & Transportation Commission (PTC) elect a Chair and Vice Chair
to serve from April 9, 2025 to April 8, 2026.
BACKGROUND
Section 2.1 of the Planning and Transportation Commission By-Laws provides:
The offices of Chairperson and Vice Chairperson shall be filled by election of members of
the Commission from among their members, and persons so elected shall serve for a
term of one year or until their successors are elected. Elections shall be held at the first
meeting in April that has full member attendance each year or following the first
meeting with newly appointed Board members in attendance, when this occurs after the
first April meeting. In the event that either office becomes vacant during the regular
term, the Commission shall elect a member to serve the remainder of the term.
A new Chair and Vice Chair must be elected to serve a new term until the next cycle of elections
in April 2026. Though there is no express procedure for Chair and Vice Chair elections in the
PTC’s By-Laws, the presiding officer may decide questions of procedure. Any commissioner may
appeal a decision to the PTC. Below is a summary of the most recent election process, after
taking public comment:
1. Nominations for Chair are made from the floor. Commissioners may nominate anyone,
including themselves. A second is required for a nomination.
2. The Nominee states whether they will accept the nomination.
3. The commissioners who moved and seconded the nomination make a brief statement
on why they support the nomination.
4. Nominee(s) may also make a brief statement regarding their candidacy.
5. Other commissioners may give comments or ask questions to the nominee(s).
Item 4
Staff Report
Packet Pg. 174
Item No. 4. Page 2 of 2
6. The PTC will take a vote after all nominations have been made, seconded, and the
nominee(s) have stated their acceptance.
7. A majority vote is required for confirmation.
8. The entire process is repeated for Vice Chair election.
ATTACHMENTS
There are no attachments.
AUTHOR/TITLE:
Jennifer Armer, Assistant Director
Item 4
Staff Report
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Item No. 5. Page 1 of 1
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: April 9, 2025
Report #: 2503-4458
TITLE
Approval of Planning & Transportation Commission Draft Summary & Verbatim Minutes of
March 12, 2025
RECOMMENDATION
Staff recommends that the Planning & Transportation Commission (PTC) adopt the meeting
minutes.
BACKGROUND
Draft summary and verbatim minutes from the March 12, 2025 Planning & Transportation
Commission (PTC) meeting were made available to the Commissioners prior to the April 9, 2025
meeting date. The draft PTC minutes can be viewed online on the City’s website at
bit.ly/PaloAltoPTC.
ATTACHMENTS
There are no attachments.
AUTHOR/TITLE:
Veronica Dao, Administrative Associate
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