HomeMy WebLinkAboutStaff Report 8048
City of Palo Alto (ID # 8048)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/8/2017
City of Palo Alto Page 1
Summary Title: Accessory Dwelling Unit Ordinance Update
Title: SECOND READING: Adoption of an Ordinance Amending Chapter 18
(Zoning) to Implement a new State Law Related to Accessory Dwelling Units
and Junior Dwelling Units and to Reorganize and Update the City’s Existing
Regulations. The Ordinance is Exempt From the California Environmental
Quality Act (CEQA) per Public Resource Code Section 21080.17 and CEQA
Guideline Sections 15061(b), 15301, 15303 and 15305 (FIRST READING: April
17, 2017 PASSED: 7-2 Holman, Kou no)
From: City Manager
Lead Department: Planning and Community Environment
Recommendation:
Staff recommends that the Council conduct a second reading and adopt the attached
Accessory Dwelling Unit Ordinance (Attachment A).
Background:
On April 17, 2017, the Council held a public hearing and approved the draft Accessory
Dwelling Unit Ordinance on first reading asking staff to return with modifications to the draft
ordinance.
The City Council reviewed draft ordinance and staff report from April 17th meeting; the
accompanying report is available online:
http://www.cityofpaloalto.org/civicax/filebank/documents/56870
Discussion:
Consistent with the Council’s motion at the April 17th hearing, staff made the following
changes to the ordinance, as shown in strikeout /underline in Attachment A, with one notable
exception described below:
City of Palo Alto Page 2
Adopt the Accessory Dwelling Unit Ordinance amending Palo Alto Municipal Code provisions
regarding Accessory Dwelling Units (ADUs) including the following changes:
i. Limit ADU’s to lot sizes of 5,000 square feet or more; ADU conversions and Junior
Accessory Dwelling Units (JADUs) would be exempt from this requirement;
ii. Allow two story ADUs in the Residential Estate (RE) district using existing setbacks; (no
changes were made to the ordinance presented for a first reading on April 17th, see RE
District & ADU Setbacks heading below)
iii. Clarify that the additional Floor Area Ratio (FAR) should be used within the ADU, not the
primary dwelling unit;
iv. Restore Ordinance language pertaining to doorway orientation;
v. Remove Lot Coverage requirements for new ADUs on properties that are no smaller
than 10 percent smaller than standard lot sizes including those which are standard or
larger.
In addition to the ordinance modifications, the Council directed staff to:
explore options to limit parking permits in Residential Preferential Parking (RPP) districts by lot;
return with potential Eichler design guidelines relating to ADUs, including lower height limits;
report back to the City Council on a quarterly basis; and,
Direct the Planning and Transportation Commission to conduct a Study Session within six
months of the implementation of the Accessory Dwelling Unit Ordinance to analyze the results
of this Ordinance.
RE District & ADU Setbacks
No changes were made to the ordinance with respect to item (ii) above because the proposed
ordinance provides that ADUs shall comply with the underlying zoning district’s setbacks unless
express exceptions implementing state law requirements apply. Therefore, in the RE district,
two-story or second story (Attached) ADUs would be subject to the underlying zoning district’s
setback requirements, except for new ADU construction over a garage – this is the only limited
circumstance under which the 5-foot setback from the side and rear lot lines is required under
state law. (A “setback of no more than five feet from the side and rear lot lines shall be
required for an accessory dwelling unit that is constructed above a garage.” Government Code
section a(1)(D)(vii)).) A detached two story ADU is not allowed in the RE district or any other
district that permits ADUs, except for the Detached Housing on Small Lots (DHS) zone in the
South of Forest Avenue, Phase I, Coordinated Area Plan (SOFA I CAP). The existing SOFA I CAP
complies with state law with regard to ADUs and no changes are required or proposed for this
area.
City of Palo Alto Page 3
Clarifications to Comply with State Law
In two places in the ordinance, language that was shown as deleted between the March 7th and
April 17th hearings was restored in order to comply with state law requirements. The first is
subsection (a)(3)(ii) of Section 18.42.040 regarding setbacks for an existing garage that is
converted to an ADU. State law states that “no setback shall be required for an existing garage
that is converted to an accessory dwelling unit”. (Government Code section
65852.2(a)(1)(D)(vii).) The other excerpt that was restored is in subsection (a)(7)(iii) of Section
18.42.040 regarding the maximum increase in the living area by an attached ADU. State law
states that the “total floor area of an attached accessory dwelling unit shall not exceed 50
percent of the existing living area”. (Government Code section 65852.2(a)(1)(D)(iv).)
Clarifications for Consistency with the Municipal Code
Lot Coverage/Floor Area Exception (Section 20 18.42.040(a)(4)(ii)(b))
Language stating that basement area shall not count towards floor area maximum if the
finished level of the first floor is no more than three feet above grade will be carried forward
with this section from the original location in the existing Municipal Code. This confirms when
basements count towards floor area or not and will bring this proposed code section into
consistency with the rest of the Municipal Code. This language was inadvertently left off in the
previous draft.
Parking in Front Setback (Section 20 18.42.040(a)(10)(ii))
Language was added to clarify that structures are not permitted within the front setback,
consistent with the Municipal Code. Only uncovered parking would be allowed within the front
setback.
Timeline:
If adopted on second reading, the ordinance will be effective on June 8th (the 31st day following
council action).
City of Palo Alto Page 4
Attachments:
Attachment A: Ordinance Accessory Dwelling Unit_Revised (PDF)
Attachment B: 04-17-17 DRAFT Action Minutes (DOCX)
Attachment C: Public Letters to Council (PDF)
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Chapter 18 (Zoning) of
the Palo Alto Municipal Code to Implement New State Law Requirements Relating
to Accessory Dwelling Units and Junior Accessory Dwelling Units and to Reorganize
and Update City’s Existing Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Housing in California is becoming increasingly unaffordable. The average California
home currently costs about 2.5 times the national average home price and the monthly rent is 50%
higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are
among the top 10 most unaffordable in the nation. With rising population growth, California must
not only provide housing but also ensure affordability.
B. Despite a high median income in Palo Alto, nearly 30 percent of all households
overpaid for their housing (more than 30 percent of their income) in 2010;
C. It is estimated that 63 percent of extremely low income renter households and 75
percent of extremely low income owner households overpaid for housing in 2010. Of the
estimated 1,520 low income households, 75 percent of renter households and 44 percent of
homeowner households paid more than 30 percent of their income for housing.
D. The Palo Alto City Council, recognizing the severity of the regional housing crisis,
requested that the Planning and Transportation Commission review constraints affecting the
production of second (accessory) dwelling units and recommend modifications to the City’s
development standards.
E. While existing law enables accessory dwellings as a source of housing, recent studies
show that local standards like Palo Alto’s, perhaps unintentionally, prevent homeowners from
building ADUs with standards like lot coverage, large set-backs, off-street parking, or costly
construction requirements.
F. In September 2016, Governor Brown signed into law Senate Bill 1069, Assembly Bill
2299 and Assembly Bill 2406 relating to the creation of accessory dwelling units (ADUs) and junior
accessory dwelling units.
G. These new bills were intended to address the housing crisis by easing regulatory
barriers for homeowners who choose to build affordable housing in their own backyards.
H. This ordinance is adopted to comply with these new State mandates regarding
ADUs and junior accessory dwelling units, and to reduce regulatory constraints affecting their
production.
SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to read as follows:
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18.04.030 Definitions
. . .
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the
following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
In some instances this Code uses the term second dwelling unit interchangeably with accessory
dwelling unit.
(46.5) “Dwelling unit, second” means a separate and complete dwelling unit, other than
and subordinate to the main dwelling unit, whether a part of the same structure or detached, on
the same residential lot.
(74.5) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure. A junior accessory dwelling
unit may include separate sanitation facilities, or may share sanitation facilities with the existing
structure.
(132) “Single-family use” means the use of a site for only one dwelling unit and,
where permitted, an accessory second dwelling unit or a junior accessory dwelling unit.
. . .
SECTION 3. In Section 18.10.010 (a) substitute the term “accessory dwelling unit(s)” for
“second dwelling unit(s)”.
SECTION 4. Section 18.10.030 Table 1 and Footnote (2) are amended as follows:
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED LOW-DENSITY RESIDENTIAL USES
[P = Permitted Use -- CUP = Conditional Use Permit Required]
R-E
R-2
RMD Subject to
Regulations in:
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily incidental to permitted
uses (no limit on number of plumbing fixtures)
P
P
P
18.10.080
Home Occupations, when accessory to permitted residential
uses.
P
P
P
18.42.060
Horticulture, gardening, and growing of food products for
consumption by occupants of the site.
P P P
Sale of agricultural products produced on the premises (1) P 18.10.110
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Second Accessory Dwelling Units P P(2) P(2) 18.4210.0470
Junior Accessory Dwelling Units P P(2) P(2) 18.42.040
AGRICULTURE AND OPEN SPACE USES
Agriculture P 18.10.110
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Private Educational Facilities CUP CUP CUP
Religious Congregations and Institutions CUP CUP CUP
PUBLIC/QUASI-PUBLIC USES
Community Centers CUP CUP CUP
Utility Facilities essential to provision of utility services to the
neighborhood, but excluding business offices, construction or
storage yards, maintenance facilities, or corporation yards.
CUP
CUP
CUP
RECREATION USES
Neighborhood Recreational Centers CUP
Outdoor Recreation Services CUP CUP
RESIDENTIAL USES
Single-Family P P P
Two-Family use, under one ownership P P
Mobile Homes P P P 18.42.100
Residential Care Homes P P P
RETAIL USES
Cemeteries CUP
Commercial Plant Nurseries CUP
SERVICE USES
Convalescent Facilities CUP
Day Care Centers CUP CUP CUP
Small Adult Day Care Homes P P P
Large Adult Day Care Homes CUP CUP CUP
Small Family Day Care Homes P P P
Large Family Day Care Homes P P P
Bed & Breakfast Inns P(3)
P = Permitted Use CUP = Conditional Use Permit
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Required
. . .
(2) Second Accessory Dwelling Units in R-2 and RMD Zones: An accessory second dwelling
unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot in the R-
2 or RMD zones is permitted, subject to the provisions of Section 18.10.07018.42.040, and such
that no more than two units result on the lot. . . .
SECTION 5. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low-Density
Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows:
18.10.040 Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
. . .
18.10.040(a) Table 2, Footnote
. . .
(5) Maximum House Size: The gross floor area of attached garages and attached second
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.
. . .
(B) Flag Lot Development Standards
(i) Individual Review
The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied
to any single-family or two-family residence in the R-2 or RMD districts to those sides of a site that
share an interior side lot line with the interior side or rear lot line of a property zoned for or used for
single- family or two-family dwellings. , except where architectural review board review is required for
an accessory second dwelling on an RMD-zoned site. The individual review criteria shall be applied
only to the project's effects on adjacent single-family and two-family uses.
SECTION 6. Section 18.10.060 Table 3 is amended as follows:
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TABLE 3
PARKING REQUIREMENTS FOR R-E, R-2 AND RMD USES
Use Minimum Off-Street Parking
Requirement
Single-family residential use (excluding second accessory
dwelling units)
2 spaces per unit, of which one must be
covered
Two family (R2 & RMD districts) 3 spaces total, of which at least two must
be covered
Second Accessory dwelling unit, attached or detached:
>450 sf in size
ч450 sf in size
2 spaces per unit, of which one must be
covered
1 space per unit, which may be covered or
uncovered
No parking required
Junior accessory dwelling unit No parking required
Other Uses See Chapter 18.40
. . .
SECTION 7. Section 18.10.070 (Second Dwelling Units) of Chapter 18.10 (Low-Density
Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) is repealed in its entirety and a new
18.10.070 is added to read as follows:
18.10.070 Accessory and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the
regulations set forth in Section 18.42.040.
SECTION 8. Section 18.10.120 (Architectural Review) of Chapter 18.10 (Low-Density
Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows:
18.10.120 Architectural Review
Architectural review, as required in Section 18.76.020, is required in the R-E, R-2, and RMD
districts whenever three or more adjacent residential units are intended to be developed
concurrently, whether through subdivision or individual applications. Architectural review is also
required for second dwelling units of more than 900 square feet, when located in the Neighborhood
Preservation Combining District (NP).
SECTION 9. Section 18.10.140 (Neighborhood Preservation Combining District (NP)
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Standards) of Chapter 18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning)
is amended to read as follows:
18.10.140 Neighborhood Preservation Combining District (NP) Standards
. . .
(b)(2) Design Review Required
For properties on which two or more residential units are developed or modified, design
review and approval shall be required by the architectural review board in compliance with
procedures established in Section 18.76.020 for any new development or modification to any
structure on the property and for site amenities. No design review is required for construction of or
modifications to single-family structures that constitute the only principal structure on a parcel of
land or for accessory dwelling units or junior accessory units.
No design review is required for construction of second dwelling units on a parcel except
when the second unit exceeds 900 square feet in size.
. . .
SECTION 10. Section 18.10.150(e) (Existing Second Dwelling Units on Substandard Size Lots)
is deleted in its entirety and reserved for future use.
. . .
SECTION 11. Section 18.12.010(a) is amended as follows:
(a) Single Family Residential District [R-1]
The R-1 single family residential district is intended to create, preserve, and enhance areas
suitable for detached dwellings with a strong presence of nature and with open area affording
maximum privacy and opportunities for outdoor living and children's play. Minimum site area
requirements are established to create and preserve variety among neighborhoods, to provide
adequate open area, and to encourage quality design. Second Accessory dwelling units, junior
accessory dwelling units and accessory structures or buildings are appropriate. where consistent with
the site and neighborhood character. Community uses and facilities, such as churches and schools,
should be limited unless no net loss of housing would result.
. . .
SECTION 12. Section 18.12.030 Table 1, is amended as follows:
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Table 1
PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES
R-1 and all R-1
Subdistricts
Subject to
Regulations for:
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily
incidental to permitted uses with no more than
two plumbing fixtures and no kitchen facility, or
of a size less than or equal to 200 square feet
P 18.04.030(a)(3)
18.12.080
Accessory facilities and uses customarily
incidental to permitted uses with more than
two plumbing fixtures (but with no kitchen), and
in excess of 200 square feet in size, but
excluding second accessory dwelling units
CUP 18.12.080
Home occupations, when accessory to
permitted residential
P 18.42.060
Horticulture, gardening, and growing of food
products for consumption by occupants of the
site
P
Second Accessory Dwelling Units P(1) 18.42.04012.070
Junior Accessory Dwelling Unit P(1) 18.42.040
EDUCATIONAL, RELIGIOUS AND ASSEMBLY USES
Private Educational Facilities CUP
Churches and Religious Institutions CUP
PUBLIC/QUASI PUBLIC USES
Community Centers CUP
Utility Facilities essential to provision of utility
services to the neighborhood, but excluding
business offices, construction or storage yards,
maintenance facilities, or corporation yards
CUP
RECREATION USES
Outdoor Recreation Services CUP
RESIDENTIAL USES
Single-Family P
Mobile Homes P 18.42.100
Residential Care Homes P
SERVICE USES
Day Care Centers CUP
Small Adult Day Care Homes P
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Large Adult Day Care Homes CUP
Small Family Day Care Homes P
Large Family Day Care Homes P
P = Permitted Use CUP = Conditional Use Permit Required
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-
family residence on a lot is permitted, subject to the provisions of Section 18.42.040, and such that
no more than two total units result on the lot.
SECTION 13. Section 18.12.040 Table 2, footnote (8) is amended as follows:
(8) Maximum House Size: The gross floor area of attached garages and attached accessory second
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 14. Section 18.12.060 Table 4 is amended as follows:
Table 4 shows the minimum off-street automobile parking requirements for specific uses in
the R-1 district.
Table 4
Parking Requirements for Specific R-1 Uses
Use Minimum Off-Street Parking Requirement
Single-family residential use (excluding second accessory
dwelling units)
2 spaces per unit, of which one must be
covered.
Second Accessory dwelling unit , attached or detached
2 spaces per unit, of which one must be
covered
No parking required
Junior Accessory Dwelling Unit No parking required
Other Uses See Chs. 18.52 and 18.54
. . .
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SECTION 15. Section 18.12.070 (Second Dwelling Units) of Chapter 18.12 (R-1 Single-
Family Residential District) of Title 18 (Zoning) is repealed in its entirety and a new 18.12.070 is
added to read as follows:
18.12.070 Accessory and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations
set forth in Section 18.42.040.
SECTION 16. Section 18.12.090(b)(2) is amended to read as follows:
. . .
(2) basement area is deemed to be habitable space but the finished level of the first floor is no
more than three feet above the grade around the perimeter of the building foundation.
Basement space used as a second dwelling unit or portion thereof shall be counted as floor
area for the purpose of calculating the maximum size of the unit (but may be excluded from
calculations of floor area for the total site). This provision is intended to assure that second
units are subordinate in size to the main dwelling and to preclude the development of duplex
zoning on the site.
. . .
SECTION 17. Section 18.12.150(d) (Existing Second Dwelling Units on Substandard Size Lots)
is deleted in its entirety and reserved for future use.
. . .
SECTION 18. Section 18.28.040, Table 1, is amended as follows:
Table 1
Land Uses
PF
OS
AC
Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
Accessory facilities and accessory uses P
Chs. 18.40
and 18.42
Eating and drinking services in conjunction with a
permitted use
(1) CUP
Retail services as an accessory use to the administrative
offices of a non-profit organization, provided that such
retail services do not exceed 25% of the gross floor area
of the combined administrative office services and retail
service uses
(1) CUP
Retail services in conjunction with a permitted use (1) CUP
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Sale of agricultural products produced on the premises;
provided, that no permanent commercial structure for
the sale or processing of agricultural products shall be
permitted.
P
Second Accessory dwelling units, subject to
regulations in Section 18.28.07042.040
P(2) 18.28.070 18.42.040
Junior Accessory Dwelling Unit P(2) 18.42.040
AGRICULTURAL AND OPEN SPACE USES
Agricultural Uses, including animal husbandry, crops,
dairying, horticulture, nurseries, livestock farming, tree
farming, viticulture, and similar uses not inconsistent
with the intent and purpose of this chapter
P
P
Botanical conservatories, outdoor nature
laboratories, and similar facilities
P
Native wildlife sanctuaries P
Park uses and uses incidental to park operation P
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business or trade schools (1) CUP
Churches and religious institutions (1) CUP
Educational, charitable, research, and philanthropic
institutions
CUP
Private educational facilities (1) CUP
Public or private colleges and universities and
facilities appurtenant thereto
CUP
Special education classes (1) CUP
OFFICE USES
Administrative office services for non-profit
organizations
(1) CUP
OTHER USES
Other uses which, in the opinion of the director, are
similar to those listed as permitted or conditionally
permitted uses
CUP (1)
PUBLIC/QUASI-PUBLIC FACILITY USES
All facilities owned or leased, and operated or used, by
the City of Palo Alto, the County of Santa Clara, the State
of California, the government of the United States, the
Palo Alto Unified School District, or any other
governmental agency
P
Communication Facilities CUP
Community Centers CUP (1)
Utility Facilities CUP CUP CUP
RECREATIONAL USES
Neighborhood recreation centers CUP (1)
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Outdoor recreation services CUP (1) CUP
Recreational uses including riding academies, clubs,
stables, country clubs, and golf courses
CUP
Youth clubs CUP (1)
RESIDENTIAL USES
Single-family dwellings P
Manufactured housing (including mobile homes on
permanent foundations)
P 18.40.
Guest ranches CUP
Residential care facilities, when utilizing existing
structures on the site CUP (1)
Residential Care Homes P
Residential use, and accessory buildings and uses
customarily incidental to permitted dwellings; provided,
however, that such permitted dwellings shall be for the
exclusive use of the owner or owners, or lessee or lessor
of land upon which the permitted agricultural use is
conducted, and the residence of other members of the
same family and bona fide employees of the
aforementioned
P
SERVICE USES
Animal care, including boarding and kennels CUP CUP
Cemeteries CUP
Cemeteries, not including mausolea, crematoria, or
columbaria
CUP
Small day care homes P
Large day care homes CUP
Day care centers CUP (1)
Art, dance, gymnastic, exercise or music studios or CUP (1)
Medical Services:
Hospitals CUP
Outpatient medical facilities with associated
medical research
CUP
TEMPORARY USES
Temporary parking facilities, provided that such facilities CUP (1)
TRANSPORTATION USES
Airports and airport-related uses CUP (1)
. . .
(2) An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single-
family residence on a lot in the OS District is permitted, subject to the provisions of Section 18.42.040,
and such that no more than two total units result on the lot.
SECTION 19. Section 18.28.070(a) (Second Dwelling Units) is amended as follows:
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
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(a) Second Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations
set forth in Section 18.42.040.
Not more than one attached or detached second dwelling units shall be allowed on a lot in the
OS district, and shall be subject to the following regulations:
(1) Second dwelling shall only be permitted on sites with a minimum site area of 10
acres;
(2) Attached second dwelling units shall comply with the OS district height limitation of
25 feet;
and
(3) Second dwelling units shall follow the standards set forth in the Residential Estate (R-
E) District for second dwelling units (18.10.070(b)), with the exceptions outlined in subsections 1 and 2
above.
. . .
SECTION 20. Section 18.42.040 (Accessory and Junior Dwelling Units) is added as follows:
18.42.040 Accessory and Junior Dwelling Units
The following regulations apply to zoning districts where accessory dwelling units and junior
accessory dwelling units are permitted.
(a) Accessory Dwelling Units
1. Purpose
The intent of this section is to provide regulations to accommodate accessory dwelling units,
in order to provide for variety to the city's housing stock and additional affordable housing
opportunities. Accessory Dwelling Units shall be separate, self-contained living units, with separate
entrances from the main residence, whether attached or detached. The standards below are provided
to minimize the impacts of accessory dwelling units on nearby residents and throughout the city, and
to assure that the size and location of such dwellings is compatible with the existing residence on the
site and with other structures in the area.
2. Minimum Lot Sizes
(i) In the R-1 district and all R-1 subdistricts, RE district, R-2 district, and RMD
district, the minimum lot size for the development of an accessory dwelling unit is 5,000 square feet.
(ii) In the OS District, the minimum lot size for the development of an accessory
dwelling unit is 10 acres.
3. Setbacks and Daylight Plane
(i) Except as otherwise provided in this section, accessory dwelling units shall
comply with the underlying zoning district’s setbacks, including daylight plane requirements.
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(ii) Notwithstanding section (i) above, no setback shall be required for an
existing garage that is converted to an accessory dwelling unit, except as provided in subsection
(a)(5) below.
(iii) In districts permitting second story accessory dwelling units, a setback of no
more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit
constructed above a garage.
4. Lot Coverage/FAR
(i) An accessory dwelling unit shall be included in the lot coverage and FAR
requirements applicable to the parcel.
(ii) Exceptions:
a.Lot Coverage. When the development of an accessory dwelling unit on a
parcel with an existing single family residence would result in the parcel exceeding the lot coverage
requirement, the accessory dwelling unit shall not be included in the calculation of lot coverage
applicable to the property, so long as the parcel meets the underlying zoning district’s minimum lot size
requirement or is substandard by no more than ten percent (10%) of the underlying zoning district’s
minimum lot size requirement.
b.Basement FAR. In the R-1 district and all R-1 subdistricts, basement space
used as an accessory dwelling unit, or portion thereof, shall not be included in the calculation of floor
area for the entire site, providing the measurement from first finished floor to grade around the
perimeter of the building is no more than three (3) feet
c.FAR. When the development of a new one-story accessory dwelling unit on
a parcel with an existing single family residence would result in the parcel exceeding the maximum floor
area, an additional 175 square feet of floor area above the maximum amount of floor area otherwise
permitted by the underlying zoning district shall be allowed. This additional area shall be permitted only
to accommodate the development of the accessory dwelling unit.
5.Conversion of Space in Existing Single Family Residence or Existing Accessory
Structure
Notwithstanding the provisions of subsections (a)(2), (a)(3), (a)(4), (a)(7) and (a)(8), in the R-1
district and all R-1 subdistricts and RE district only, an Accessory Dwelling Unit shall be permitted if the
unit is contained within the existing space of a single-family residence or an existing accessory
structure, has independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety, and if the accessory dwelling unit conforms with the following:
a.For the purposes of this section, the portion of the single-family residence or
accessory structure subject to the conversion shall be legally permitted and existing as of January 1,
2017.
Not Yet Approved
2017-04-19_Palo Alto ADU 14
b. Notwithstanding the allowance in this section, only one accessory dwelling unit or
junior accessory dwelling unit may be located on any lot subject to this section.
c. No new or separate utility connection shall be required between the accessory
dwelling unit and utility service, such as water, sewer, and power.
d. The accessory dwelling unit shall comply with the provisions of subsections
(a)(6), (a)(9), and (a)(10).
6. Privacy
Any window, door or deck of a second story accessory dwelling unit shall utilize techniques to
lessen views onto adjacent properties to preserve the privacy of residents. These techniques may
include placement of doors, windows and decks to minimize overview of neighboring dwelling units,
use of obscured glazing, window placement above eye level, and screening between the properties.
7. Additional Development Standards for Attached Accessory Dwelling Units
(i) Attached accessory dwelling units are those attached to the main dwelling. All
attached accessory dwelling units shall be subject to the additional development requirements
specified below.
(ii) Attached unit size counts toward the calculation of maximum house size.
(iii) Unit Size: The maximum size of an attached accessory dwelling unit living area
shall not exceed 600 square feet and shall not exceed 50% of the existing living area of the primary
existing dwelling unit. The accessory dwelling unit and any covered parking provided for the accessory
dwelling unit shall be included in the total floor area for the site, but the covered parking area is not
included in the maximum 600 square feet for attached unit. Any basement space used as an accessory
dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the
maximum size of the accessory unit.
(iv) Maximum height (including property in a special flood hazard zone): One story
and 17 feet. However, in the RE District attached Accessory Dwelling Units may be two stories and 30
feet. In the OS zone, attached Accessory Dwelling Units may be two stories and 25 feet.
(v) Separate Entry Required for Attached Units: A separate exterior entry shall be
provided to serve an accessory dwelling unit.
(vi) Except on corner lots, the accessory dwelling unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main dwelling unit unless the second
entranceway is located in the rear half of the lot. Exterior staircases to second floor units shall be
located toward the interior side or rear yard of the property.
(vii) If covered parking for an accessory dwelling unit is provided in the RE zone, the
maximum size of the covered parking area for the accessory dwelling unit is 200 square feet.
8. Additional Development Standards for Detached Accessory Dwelling Units
Not Yet Approved
2017-04-19_Palo Alto ADU 15
(i) Detached accessory dwelling units are those detached from the main dwelling.
All detached accessory dwelling units shall be subject to the additional development standards
specified below.
(ii) The maximum size of the detached accessory dwelling unit living area shall be
900 square feet.
a. The accessory dwelling unit and any covered parking shall be included in the
total floor area for the site, but the covered parking area is not included within the maximum 900
square feet for detached unit.
b. Any basement space used as an accessory dwelling unit or portion thereof
shall be counted as floor area for the purpose of calculating the maximum size of the accessory unit.
(iii) Maximum height (including property in a special flood hazard zone): one story
and 17 feet.
(iv) Setbacks: notwithstanding section (a)(3)(i), a detached accessory dwelling unit
may be located in a rear yard, but must maintain a minimum setback of six feet (6’) from the interior
side and rear property lines and sixteen feet (16’) from a street side yard. No portion of a building may
encroach into a daylight plane beginning at a height of eight feet (8’) at the property line and
increasing at a slope of one foot (1’) for every one foot (1’) of distance from the property line.
(v) If covered parking is provided for an accessory dwelling unit in the RE District,
the maximum size of covered parking area for the detached accessory dwelling unit is 200 square feet.
(vi) There shall be no windows, doors, mechanical equipment, or venting or exhaust
systems located within six feet of a property line.
9. Additional Requirements for All Accessory Dwelling Units
(i) Sale of Units: The Accessory dwelling unit shall not be sold separately from the
primary residence.
(ii) Short term rentals. The accessory dwelling unit shall not be rented for periods
of less than 30 days.
(iii) Number of Units Allowed: Only one accessory dwelling unit or junior accessory
dwelling unit may be located on any residentially zoned lot.
(iv) Existing Development: A single-family dwelling shall exist on the lot or shall be
constructed on the lot in conjunction with the construction of the accessory dwelling unit.
(v) Occupancy: The owner of a parcel proposed for accessory dwelling use shall
occupy as a principal residence either the primary dwelling or the accessory dwelling, unless both the
primary dwelling and the accessory dwelling are rented to the same tenant and such tenant is
prohibited from sub-leasing the primary dwelling or the accessory dwelling.
Not Yet Approved
2017-04-19_Palo Alto ADU 16
(vi) Prior to issuance of a building permit for the accessory dwelling unit, the owner
shall record a deed restriction in a form approved by the city that: includes a prohibition on the sale of
the accessory dwelling unit separate from the sale of the single-family residence; requires owner-
occupancy consistent with subsection (a)(9)(v) above; does not permit short-term rentals; and restricts
the size and attributes of the accessory dwelling unit to those that conform with this section.
(vii) Accessory dwelling units shall not be required to provide fire sprinklers if they
are not required for the primary residence.
(viii) Street Address Required: Street addresses shall be assigned to all accessory
dwellings to assist in emergency response.
(ix) Street Access: When parking is provided, the accessory dwelling unit shall have
street access from a driveway in common with the main residence in order to prevent new curb cuts,
excessive paving, and elimination of street trees, unless separate driveway access is permitted by the
director upon a determination that separate access will result in fewer environmental impacts such as
excessive paving, unnecessary grading or unnecessary tree removal, and that such separate access will
not create the appearance, from the street, of a lot division or two-family use.
(x) For properties listed in the Palo Alto Historic Inventory, the California Register of
Historical Resources, the National Register of Historic Places, or considered a historic resource after
completion of a historic resource evaluation, compliance with the appropriate Secretary of Interior’s
Standards for the Treatment of Historic Properties shall be required, as determined by the Planning
Director.
(xi) No protected tree shall be removed for the purpose of establishing an
accessory dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under Section
8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with
the standards it the Tree Technical Manual.
(xii) Except as modified by this Section 18.42.040, the accessory dwelling unit shall
conform to all requirements of the underlying zoning district, any applicable combining district, and all
other applicable provisions of this Title 18.
10. Parking
(i) No additional parking shall be required for accessory dwelling units.
(ii) If an accessory dwelling unit replaces existing required covered parking,
replacement spaces shall be provided. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory dwelling unit, any required
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, within the front setback if on an existing driveway, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. All new
parking structures shall comply with development standards of the underlying zoning.
Not Yet Approved
2017-04-19_Palo Alto ADU 17
(b) Junior Accessory Dwelling Units
1. Purposes: This Section provides standards for the establishment of junior accessory
dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units
will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an
existing single family structure and requires owner occupancy in the single family residence where the
unit is located.
2. Development Standards. Junior accessory dwelling units shall comply with the following
standards:
(i) Number of Units Allowed: Either one accessory dwelling unit or one junior
accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family
dwelling except as otherwise regulated or restricted by an adopted Coordinated Area Plan or Specific
Plan. A junior accessory dwelling unit shall only be located on a lot which already contains one legal
single-family dwelling.
(ii) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
(iii) Lot Coverage/FAR:
a. A junior accessory dwelling unit shall be included in the calculation of lot
coverage and FAR applicable to the property.
b. A lot with a junior accessory dwelling unit shall be permitted to develop an
additional 50 square feet of floor area above the maximum amount of floor area otherwise permitted
by the underlying zoning district. This additional area shall be permitted to accommodate the junior
accessory dwelling unit.
(iv) Owner Occupancy: The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory
dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or
housing organization.
(v) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently
of the primary dwelling on the parcel.
(vi) Short term rentals: The junior accessory dwelling unit shall not be rented for
periods of less than 30 days.
(vii) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit
shall be created within the existing walls of an existing primary dwelling, and shall include conversion of
an existing bedroom.
Not Yet Approved
2017-04-19_Palo Alto ADU 18
(viii) Separate Entry Required: A separate exterior entry shall be provided to serve a
junior accessory dwelling unit, with an interior entry to the main living area. A junior accessory
dwelling may include a second interior doorway for sound attenuation.
(ix) Kitchen Requirements: The junior accessory dwelling unit shall include an
efficiency kitchen, requiring and limited to the following components:
a. A sink with a maximum waste line diameter of one-and-a-half (1.5) inches,
b. A cooking facility or appliance which does not require electrical service
greater than one hundred and twenty (120) volts, or natural or propane gas, and
c. A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
(x) Parking. No additional parking is required beyond that required at the time the
existing primary dwelling was constructed.
(xi) Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior
accessory dwelling unit shall not be considered a separate or new unit.
(xii) Deed Restriction. Prior to the issuance of a building permit for a junior
accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that
includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the
single-family residence, requires owner-occupancy consistent with subsection (b)(2)(iv) above, does
not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those
that conform with this section.
SECTION 21. Section 18.52.040 (6)(c) Table 1, is amended as follows:
Table 1
Minimum Off-Street Parking Requirements
Use Vehicle Parking Requirement
(# of spaces)
Bicycle Parking Requirement
Spaces Class1
Long Term (LT)
and Short Term
(ST)
RESIDENTIAL USES
Single -Family Residential (Primary Unit) Tandem Parking Allowed
(a) In the OS district 4 spaces, of which at least one
space must be covered
None
(b) In all other districts 2 spaces, of which at least one
space must be covered
Not Yet Approved
2017-04-19_Palo Alto ADU 19
(c) Underground parking for single family uses is prohibited, except
pursuant to a variance granted in accordance with the provisions of
Chapter 18.76 (Permits and Approvals) of this title, in which case the area
of the underground garage shall be counted toward the gross floor area.
Second Accessory Dwelling Unit
(In addition to main dwelling unit
requirements)
>450 sf in size
<450 sf in size
2 spaces, of which at least one
must be covered
1 space, covered or
uncovered
No parking required
None
Junior Accessory Dwelling Units No parking required None
Two-Family Residential
(R-2 & RMD Districts)
1.5 spaces per unit, of which
at least one space per unit
must be covered
Tandem Parking Allowed, with
one tandem space per unit,
associated directly with
another parking space for the
same unit
1 space per
Unit
100% – LT
Multiple -Family Residential 1.25 per studio unit
1.5 per 1-bedroom unit
2 per 2-bedroom or larger
unit At least one space per
unit must be covered
Tandem parking allowed for
any unit requiring two spaces
(one tandem space per unit,
associated directly with
another parking space for the
same unit, up to a maximum
of 25% of total required
spaces for any project with
more than four (4) units)
1 per unit 100% – LT
Not Yet Approved
2017-04-19_Palo Alto ADU 20
(a) Guest Parking For projects exceeding 3
units; 1 space plus 10% of
total number of units,
provided that if more than
one space per unit is assigned
or secured parking, then guest
spaces equal to 33% of all
units is required.
1 space for
each 10 units
100% – ST
. . .
SECTION 22. In Section 18.76.020 (D), substitute the term “accessory dwelling unit(s)” for
“second dwelling unit(s)”.
SECTION 23. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 24. 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 25. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to Public Resources Code section
21080.17 (Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling
Units and Second Units) and CEQA Guideline sections 15061(b) and 15301, 15303 and 15305 because it
simply provides a comprehensive permitting scheme for accessory dwelling units whose construction
is exempt from CEQA.
SECTION 26. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
Not Yet Approved
2017-04-19_Palo Alto ADU 21
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ __________________________________
Senior Asst. City Attorney City Manager
__________________________________
Director of Planning & Community
Environment
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Special Meeting
April 17, 2017
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:00 P.M.
Present: DuBois, Filseth arrived at 5:05 P.M., Fine, Holman, Kniss, Kou,
Scharff, Tanaka, Wolbach
Absent:
Action Items
8A. (Former Agenda Item Number 4) FIRST READING: Adoption of an
Ordinance Amending Chapter 18 (Zoning) to Implement a new State
Law Related to Accessory Dwelling Units and Junior Dwelling Units and
to Reorganize and Update the City’s Existing Regulations. The
Ordinance is Exempt From the California Environmental Quality Act
(CEQA) per Public Resource Code Section 21080.17 and CEQA
Guideline Sections 15061(b), 15301, 15303 and 15305 and was
Recommended for Approval by the Planning and Transportation
Commission on November 30, 2016. (FIRST READING: March 7, 2017
PASSED: 6-2-1 DuBois, Holman no, Kou abstain).
Council took a break from 9:54 P.M. to 10:06 P.M.
MOTION: Council Member DuBois moved, seconded by Council Member
Holman to:
A. Adopt an Ordinance amending Palo Alto Municipal Code provisions
regarding Accessory Dwelling Units as recommended by Staff on
March 7, 2017; and
B. Refer Council directed amendments to the Planning and Transportation
Commission and Staff for analysis and return to Council as soon as
possible; and
C. Find the Ordinance exempt from review under the California
Environmental Quality Act.
DRAFT ACTION MINUTES
Page 2 of 5
City Council Meeting
Draft Action Minutes: 4/17/17
SUBSTITUTE MOTION: Mayor Scharff moved, seconded by Vice Mayor
Kniss to:
A. Adopt an Ordinance amending Palo Alto Municipal Code provisions
regarding Accessory Dwelling Units (ADUs); and
B. Find the Ordinance exempt from review under the California
Environmental Quality Act.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion, “direct Staff to report back to Council on a quarterly basis.” (New
Part B)
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member DuBois
moved, seconded by Council Member Kou to add to the Motion, “limit ADUs
to lot sizes of 6,000 square feet or more.”
AMENDMENT TO THE SUBSTITUTE MOTION RESTATED AND
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion, “limit ADUs to lot sizes of 5,000 square feet or more.” (New Part
A.i.)
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member DuBois
moved, seconded by Council Member Holman to add to the Motion, “restore
Ordinance language pertaining to doorway orientation.”
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Motion, “limit
parking permits in Residential Preferential Parking (RPP) districts by lot.”
(New Part A.ii.)
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Motion, “allow
two story ADUs in the Residential Estate (R-E) District using existing.” (New
Part A.iii.)
AMENDMENT2 TO THE SUBSTITUTE MOTION: Council Member DuBois
moved, seconded by Vice Mayor Kniss to add to the Motion, “direct Staff to
return with potential Eichler design guidelines relating to ADUs.”
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
DRAFT ACTION MINUTES
Page 3 of 5
City Council Meeting
Draft Action Minutes: 4/17/17
Motion, “clarify that the additional Floor Area Ratio (FAR) should be used
within the ADU, not the primary dwelling unit.” (New Part A.iv.)
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A.ii.,
“direct Staff to explore options to” before “limit parking permits.”
AMENDMENT TO THE SUBSTITUTE MOTION RESTATED: Council
Member DuBois moved, seconded by Council Member Holman to add to the
Motion, “restore Ordinance language pertaining to doorway orientation.”
(New Part A.v.)
AMENDMENT TO THE SUBSTITUTE MOTION PASSED: 6-3 Fine, Tanaka,
Wolbach no
INCORPORATED INTO AMENDMENT2 TO THE SUBSTITUTE MOTION
WITH THE CONSENT OF THE MAKER AND SECONDER to add to
Amendment2 to the Substitute Motion, “including lower height limits” after
“relating to ADUs.”
AMENDMENT2 TO THE SUBSTITUTE MOTION AS AMENDED
RESTATED: Council Member DuBois moved, seconded by Vice Mayor Kniss
to add to the Motion, “direct Staff to return with potential Eichler design
guidelines relating to ADUs, including lower height limits.” (New Part A.vi.)
AMENDMENT2 TO THE SUBSTITUTE MOTION AS AMENDED PASSED:
9-0
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Kou
moved, seconded by Council Member Filseth to add to the Motion, “restore
parking restrictions to the March 7, 2017 Staff recommendation.”
AMENDMENT TO THE SUBSTITUTE MOTION FAILED: 4-5 DuBois,
Filseth, Holman, Kou yes
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion, “remove Lot Coverage requirements for new ADUs on properties that
are no smaller than 10 percent smaller than standard lot sizes including
those which are standard or larger.” (New Part A.vii.)
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the end of Motion
Part A.i., “ADU conversions and Junior Accessory Dwelling Units (JADUs)
would be exempt from this requirement.”
DRAFT ACTION MINUTES
Page 4 of 5
City Council Meeting
Draft Action Minutes: 4/17/17
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Filseth
moved, seconded by Council Member Holman to add to the Substitute
Motion, “add to Municipal Code Section 18.42.040(a)8.(iv), ‘Design: The
detached accessory dwelling unit shall be similar to the main residence with
respect to style, roof pitch, color and materials.”
AMENDMENT TO THE SUBSTITUTE MOTION FAILED: 4-5 DuBois,
Filseth, Holman, Kou yes
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Fine
moved, seconded by Council Member XX to add to the Substitute Motion,
“replace in Municipal Code Section 18.42.040(a)8.(iv), ‘daylight planes
beginning at a height of eight feet (8’)’ with ‘daylight planes beginning at a
height of ten feet (10’).’”
AMENDMENT TO THE SUBSTITUTE MOTION FAILED DUE TO THE LACK
OF A SECOND
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Fine
moved, seconded by Council Member XX to add to the Substitute Motion,
“update Municipal Code Section 18.42.040(a)8.(vi) to allow windows within
six feet of a property line that do not face a side property.”
AMENDMENT TO THE SUBSTITUTE MOTION FAILED DUE TO THE LACK
OF A SECOND
AMENDMENT: Council Member Fine moved, seconded by Council Member
XX to add to the Motion, “update Municipal Code Section 18.42.040(a)7.iv.
to allow 2-story ADUs if attached.”
AMENDMENT TO THE SUBSTITUTE MOTION FAILED DUE TO THE LACK
OF A SECOND
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion, “direct the Planning and Transportation Commission to conduct a
Study Session within six months of the implementation of this Ordinance to
analyze the results of this Ordinance.” (New Part C)
SUBSTITUTE MOTION AS AMENDED RESTATED: Mayor Scharff moved,
seconded by Vice Mayor Kniss to:
A. Adopt an Ordinance amending Palo Alto Municipal Code provisions
regarding Accessory Dwelling Units (ADUs) including the following
changes; and
DRAFT ACTION MINUTES
Page 5 of 5
City Council Meeting
Draft Action Minutes: 4/17/17
i. Limit ADUs to lot sizes of 5,000 square feet or more; ADU
conversions and Junior Accessory Dwelling Units (JADUs) would
be exempt from this requirement; and
ii. Direct Staff to explore options to limit parking permits in
Residential Preferential Parking (RPP) districts by lot; and
iii. Allow two story ADUs in the Residential Estate (R-E) District
using existing setbacks; and
iv. Clarify that the additional Floor Area Ratio (FAR) should be used
within the ADU, not the primary dwelling unit; and
v. Restore Ordinance language pertaining to doorway orientation;
and
vi. Direct Staff to return with potential Eichler design guidelines
relating to ADUs, including lower height limits; and
vii. Remove Lot Coverage requirements for new ADUs on properties
that are no smaller than 10 percent smaller than standard lot
sizes including those which are standard or larger; and
B. Direct Staff to report back to Council on a quarterly basis; and
C. Direct the Planning and Transportation Commission to conduct a Study
Session within six months of the implementation of this Ordinance to
analyze the results of this Ordinance; and
D. Find the Ordinance exempt from review under the California
Environmental Quality Act.
SUBSTITUTE MOTION AS AMENDED PASSED: 7-2 Holman, Kou no
Adjournment: The meeting was adjourned at 12:59 A.M.
City of Palo Alto | City Clerk's Office | 4/24/2017 7:33 AM
1
Carnahan, David
From:Margaret Allen <margaret.e.allen@gmail.com>
Sent:Sunday, April 23, 2017 4:29 PM
To:Council, City
Subject:Accessory Dwelling Units
Dear Palo Alto City Council Members,
I would be very grateful if you would reconsider the 5000 sf minimum lot size for accessory dwelling units, and instead require what was agreed upon March 7th.
I can’t help but wonder how the size limit was arrived at. Could you reassure me that this isn’t simply
an arbitrary figure?
Do you think it is possible that this discriminates against those of us who have smaller lots? Palo Alto used to have an emphasis on enabling older residents to be able to “age in place”. This is a worthy
philosophy, but it now seems that people like myself, with smaller lots, may be denied the privilege of
having an ADU for either themselves or their care givers at some time in the future.
In addition to helping residents with the ever-rising cost of living in our homes, Increasing the housing possibilities in Palo Alto would reduce commuter traffic, relieve the stress of driving long distances to
work in this area, and ensure a vibrant diverse mix of people living here.
Please reconsider this decision.
I look forward to hearing back from you.
With best wishes,
Margaret Allen
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
1
Carnahan, David
From:Jeffrey Lipkin <repjal@att.net>
Sent:Friday, April 21, 2017 12:09 PM
To:Lydia Kou; Council, City
Subject:Housing and Accessory Dwelling Units (ADUs)
The Council has once again failed to deal with the housing situation in a way that protects the average citizen
and makes a real positive difference in solving the housing problem.
As I indicated in my earlier emails, there are two logical places for development of more than token housing - 1.
the airport or golf course, and 2. along El Camino (look at what Mountain View has accomplished in this
regard).
First, solicit development proposals for the lands that are now a
city airport and a city golf course, both underutilized, economically
marginal, and playthings. Do this solicitation without any
obligation to make an award and without preconditions in order to
see what constructive thinking lies outside the council’s walls.
Second, rezone all the land along El Camino and back for 100
yards in order to encourage multi-story, multi-family housing with
retail inserts.
Jeff Lipkin
Begin forwarded message:
From: Jeffrey Lipkin <repjal@att.net>
Subject: Housing
Date: November 28, 2016 at 10:55:28 AM PST
To: city.council@cityofpaloalto.org, Lydia Kou <lydiakou@lydiakou.emailnb.com>
Maybe with the recent change in council membership you can reconsider why the city needs a
city golf course and a city airport when there are serious unmet housing needs.
Why not get a competent developer to see if he or she can make use of this land.
Jeff Lipkin
Begin forwarded message:
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
2
From: repjal@att.net
Subject: Re: Housing
Date: August 28, 2016 at 1:10:39 PM PDT
To: Eric Filseth <efilseth@gmail.com>
It's not so hard - include flood control like the Dutch in the former RFQ. In the
latter require proof of status. Simple and easy
Sent from my iPhone
On Aug 28, 2016, at 1:06 PM, Eric Filseth <efilseth@gmail.com>
wrote:
Not sure about the golf course and airport, which may be under
water in a few decades. But El Camino seems generally right;
good access to jobs in the Research Park and elsewhere.
One challenge is how do you make sure it actually goes to those
groups, vs getting bid out of range by professionals (such as the
Facebook expansion in MP which will add over 6,000 tech jobs,
with housing for only a fraction). But solve that one and there's
potentially a real policy.
Eric
PS - firefighters a special case: because of work rules (few days
on, few days off) most of them prefer to live out of town where
they can buy a big spread, and just come in once a week. But that's
unique to them.
-----Original Message-----
From: Jeffrey Lipkin [mailto:repjal@att.net]
Sent: Sunday, August 28, 2016 12:30 PM
To: city.council@cityofpaloalto.org
Subject: Housing
If this city is serious about encouraging low rent housing for
elderly, civil servants, police, firemen, teachers, and poor, it should
consider two modest proposals:
First, solicit development proposals for the lands that are now a
city airport and a city golf course, both underutilized, economically
marginal, and playthings. Do this solicitation without any
obligation to make an award and without preconditions in order to
see what constructive thinking lies outside the council’s walls.
Second, rezone all the land along El Camino and back for 100
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
3
yards in order to encourage multi-story, multi-family housing with
retail inserts.
On Apr 21, 2017, at 2:23 AM, Lydia Kou <lydiakou@lydiakou.emailnb.com> wrote:
Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of thi s pi ctu re from the In ternet.Vote for Lydia Kou
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Dear Residents,
While State law again has made a blanket law allowing ADUs in municipalities without review or study as to the
within a neighborhood, parking space availability in neighborhoods, short term rentals, use of the owner for their
I do want to point out that the majority on Council went beyond what State law mandated without any considerat
sanctity of neighborhoods. Parking is a tremendous issue, with our narrow neighborhood streets, the Safe Route
of Palo Alto’s complete and Safe Routes to School streets.
Many concerned citizens mentioned that these new policies promoting growth will be a cause for neighbor with n
noise, or loss of privacy, etc., yet Mayor Scharff, Vice-Mayor Kniss, Council Members Wolbach, Fine and Tana
March 7threcommendation. The Mayor’s message and the news media mentions that there was a “compromise. T
5,000 sf and re-orienting the ADU door to the side.
Of particular concern are the already heavily impacted areas in which newly built ADUs and JADUs are allowed
parking regulations within 0.5 or 0.75 miles from public transportation as show in the diagrams. However, the Co
Red circle shows area within 0.75 miles of a Caltrain. Green circle shows area within 0.50 miles of public transit
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
4
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The following chart shows:
1. Current ordinance,
2. State Law,
3. Staff proposed changes in the Staff Report on March 7th,
4. Expanded version passed by the Council on March 7th and
5. Ordinance passed on April 17th.
Development Standards Current Ordinance (R-1
Standards)*
State Law Restrictions
January 1, 2017
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
5
Setbacks Side: 6-ft
Back: 20-ft
12 feet separation buffer
between existing single
family home and
detached ADU.
Not stated, Local government
may establish for detached ADUs
No setbacks required for
existing garage converted
to an ADU but only apply
if existing garage is not
needed as required
parking for principal
dwelling.
Permits construction of
an above garage ADU
with a maximum side and
rear property setback of
5ft.
No Cha
ordinan
Parking 2 parking spaces, /1
covered
Cannot be in front
setback
Not to exceed 1 per unit
or per bedroom
May be located in
setbacks or tandem,
unless special findings
No parking required:
o if ADU is within
half mile from
public transit
o Is within an
architecturally and
historically
significant historic
district
o Is part of an
existing primary
residence or an
existing accessory
structure.
o Is in an area
where on-street
parking permits
are required, but
not offered to the
occupant of the
ADU.
o Is located within
one block of a car
share area.
Same a
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
6
Minimum lot size / Lot
Coverage
35% greater than
minimum lot size for R-1
lots
Local government may establish
minimum and maximum unit
sizes
No Cha
ordinan
ADU Height R-1 zones have height
restriction of 17th for both
attached and detached
ADUS and 1-story.
Not stated, local government
may establish
Smoke Detectors / Carbon
Monoxide Detectors
Federal and State Law apply. No fire sprinklers shall not be
required if they are not required
in the primary residence.
Federa
and Ca
Fees All impact fees, including water,
sewer, park and traffic fees must
be charged in accordance with
the Fee Mitigation Act,
City of Palo Alto | City Clerk's Office | 4/21/2017 1:04 PM
7
Other Give-Aways Ministerial approval of
ADUs if unit complies
with certain parking
requirements, the
maximum allowable size
of attached ADU and
setback requirements.
The single-family
residence in which the
JADU is created or JADU
must be occupied by the
owner of the residence
The owner must record a
deed restriction stating
that the JADU cannot be
sold separately from the
single family residence
and restricting the JADU
to the size limitations and
other requirements of the
JADU ordinance.
For ADUs that require an
addition or a new
accessory structure,
development standards
such as parking, height,
lot coverage, lot size and
maximum unit size can
be established with
certain limitations.
For more information, check out Doug Moran’s blog http://www.paloaltoonline.com/blogs/p/2017/03/04/rp
Lydia Kou
http://www.lydiakou.com/
Vote for Lydia Kou · 708 Matadero Ave, Palo Alto, CA 94306, United States
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City of Palo Alto | City Clerk's Office | 4/20/2017 2:05 PM
1
Carnahan, David
From:Emer Martin <alyekrvwehduakz@ujoin.co>
Sent:Thursday, April 20, 2017 1:25 PM
To:Council, City
Subject:Support Mar 6 Direction for ADUs!
From: martin_emer@hotmail.com <Emer Martin>
Message:
Dear Mayor Scharff, Vice-Mayor Kniss and City Council Members,
I would like to write in support of the ADU Ordinance motion as voted on and approved on Mar 6, 2017. Please do not pull this
from the consent calendar on Monday April 17, 2017. Housing is a basic need. Finding ways to expand housing options (like
ADUs and JADUs) for our community members is an economic, environmental, social justice and humanitarian issue. ADU's/granny units/secondary dwellings are something that can help our entire community. Through this ordinance, we can help homeowners, our aging community, young millenials starting out, and even families who rent, to find a feasible and timely housing solution that can make a meaningful difference in our community, all with one small policy/ordinance change. Above all, it enables us to continue nurturing the vibrant and diverse community already here in the city we call home, Palo Alto.
In particular, I support the following motions made on March 6, 2017: a. Require no more than 6-ft side and rear setback for ADUs;
b. Allow ADUs on all residential lot sizes;
c. Allow an additional 175 sq-ft of FAR for an ADU, but not for a two-story ADU;
d. Allow an additional 50 sq-ft of FAR for a JADU;
e. Increase the maximum size of attached ADUs to 600 sq-ft;
f. Remove Lot Coverage requirements for ADUs on properties that are no smaller than 10% smaller than standard lot sizes; g. Limit ADUs to 17-ft high and single-story in Single Story Overlay (SSO) neighborhoods, even if the main house is a grandfathered 2-story house; h. Remove design review and requirements; i. Remove door orientation requirements for ADUs; j. ADUs to have the same parking requirements as JADUs; and k. Remove requirements for covered parking on properties with an ADU or JADU; and
l. Allow required replacement parking on an existing driveway within the front setback
Sincerley
Emer Martin
palo alto
California
City of Palo Alto | City Clerk's Office | 4/24/2017 7:34 AM
1
Carnahan, David
From:Steven Baker <iiogtobuesnxybj@ujoin.co>
Sent:Saturday, April 22, 2017 11:53 AM
To:Council, City
Subject:Support Mar 6 Direction for ADUs!
From: steven.baker@gmail.com <Steven Baker>
Message:
I am personally planning on building an ADU and using it to rent to college students but also let my mother
retire in place or stay in the ADU.
Dear Mayor Scharff, Vice-Mayor Kniss and City Council Members,
I would like to write in support of the ADU Ordinance motion as voted on and approved on Mar 6, 2017. Please do not pull this from the consent calendar on Monday April 17, 2017. Housing is a basic need. Finding ways to expand housing options (like ADUs and JADUs) for our community members is an economic, environmental, social justice and humanitarian issue. ADU's/granny units/secondary dwellings are something that can help our entire community. Through this ordinance, we can help homeowners, our aging community, young millenials starting out, and even families who rent, to find a feasible and
timely housing solution that can make a meaningful difference in our community, all with one small policy/ordinance
change. Above all, it enables us to continue nurturing the vibrant and diverse community already here in the city we call home,
Palo Alto.
In particular, I support the following motions made on March 6, 2017: a. Require no more than 6-ft side and rear setback for ADUs; b. Allow ADUs on all residential lot sizes; c. Allow an additional 175 sq-ft of FAR for an ADU, but not for a two-story ADU; d. Allow an additional 50 sq-ft of FAR for a JADU; e. Increase the maximum size of attached ADUs to 600 sq-ft; f. Remove Lot Coverage requirements for ADUs on properties that are no smaller than 10% smaller than standard lot sizes; g. Limit ADUs to 17-ft high and single-story in Single Story Overlay (SSO) neighborhoods, even if the main house is a
grandfathered 2-story house;
h. Remove design review and requirements;
i. Remove door orientation requirements for ADUs;
j. ADUs to have the same parking requirements as JADUs; and
k. Remove requirements for covered parking on properties with an ADU or JADU; and l. Allow required replacement parking on an existing driveway within the front setback Sincerley
Steven Baker
PALO ALTO
California
City of Palo Alto | City Clerk's Office | 4/25/2017 7:49 AM
1
Carnahan, David
From:Linnea Wickstrom <ljwickstrom@comcast.net>
Sent:Monday, April 24, 2017 6:34 PM
To:Council, City
Subject:Thank you
Honorable Mayor Scharff, Vice Mayor Kniss, and members of the City Council,
This is just a delayed thank you for hearing out all 67! of us at the April 17th Council meeting on ADUs. I
admire the effort, time, and thought you put into working for the community.
With appreciation,
Linnea Wickstrom
Monroe Park
Palo Alto