HomeMy WebLinkAboutStaff Report 12319
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
June 1, 2021
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of Ordinances Responding to State
Housing Bills Regarding Density Bonus and Affordable Housing.
Environmental Assessment: Exempt Pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3)
(FIRST READING: May 18, 2021 PASSED: 7-0)
This was heard by the City Council on May 18, 2021 for a first reading. No
changes were made to the Ordinance; it is now before you for a second reading.
ATTACHMENTS:
• Attachment A: Housing Ordinances (PDF)
Department Head: Beth Minor, City Clerk
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.15
(Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code
(PAMC) to Update the Density Bonus Program in Accordance with AB 2345.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. On September 28, 2020, the Governor approved AB 2345, which substantially
revised requirements for the existing Density Bonus Law (Government Code Section
65400 et seq.), which requires a city to provide a developer that proposes a housing
development within the jurisdictional boundaries of that city with a density bonus
and other incentives or concessions for the production of lower income housing
units, or for the donation of land within the development, if the developer agrees to
construct a specified percentage of units for very low income, low-income, or
moderate-income households or qualifying residents and meets other requirements.
B. In previous years, the Governor also approved other revisions to the Density Bonus
Law, including AB 1934, SB 1227, AB 2372, and AB 2753.
C. The City Council is therefore updating the Density Bonus Chapter of the Zoning
Code, Chapter 18.15 in Title 18 of the Palo Alto Municipal Code, to comply with
these revisions.
SECTION 2. Chapter 18.15 (Density Bonus) of Title 18 (Zoning) is hereby amended as follows:
18.15 RESIDENTIAL DENSITY BONUS
[. . .]
18.15.010 Purpose
[. . .]
18.15.020 Definitions
Whenever the following terms are used in this chapter, they shall have the meaning
established by this section:
[. . .]
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(s) “Replace” means either of the following:
(i) If any dwelling units described in Section 18.15.030(h)(i) are occupied on the
date that the application is submitted to the City, the proposed housing development
shall provide at least the same number of units of equivalent size to be made available
at affordable rent or affordable housing cost to, and occupied by, persons and families
in the same or lower income category as those households in occupancy. For
unoccupied dwelling units described in Section 18.15.030(h)(i) in a development with
occupied units, the proposed housing development shall provide units of equivalent size
or type, or both, to be made available at affordable rent or affordable housing cost to,
and occupied by, persons and families in the same or lower income category in the
same proportion of affordability as the occupied units. All replacement calculations
resulting in fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, theses units shall be subject to a
recorded affordability restriction for at least 55 years. For purposes of this subsection (s)
of Section 18.15.020, “equivalent size” means that the replacement units contain at
least the same total number of bedrooms as the units being replaced.
(ii) If all dwelling units described in Section 18.15.030(h)(i) have been vacated or
demolished within the five-year period preceding the application, the proposed housing
development shall provide at least the same number of units of equivalent size, as
existed at the highpoint of those units in the five-year period preceding the application
to be made available at affordable rent or affordable housing cost to, and occupied by,
persons and families in the same or lower income category as those persons and
families in occupancy at that time, if known. If the incomes of the persons and families
in occupancy at the highpoint is not known, then one-half of the required units shall be
made available at affordable rent or affordable housing cost to, and occupied by, very
low income persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-income persons
and families. All replacement calculations resulting in fractional units shall be rounded
up to the next whole number. If the replacement units will be rental dwelling units,
these units shall be subject to a recorded affordability restriction for at least 55 years.
[. . .]
(v) “Lower income student” means a student who has a household income and asset
level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as
set forth in Section 69432.7(k) of the Education Code. The eligibility of a unit for lower
income students under this section shall be verified by an affidavit, award letter, or
letter of eligibility provided by the institution of higher education in which the student is
enrolled or by the California Student Aid Commission that the student receives or is
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eligible for financial aid, including an institutional grant or fee waiver from the college or
university, the California Student Aid Commission, or the federal government.
18.15.030 Density Bonuses
This section describes the density bonuses that will be provided, at the request of an
applicant, when that applicant provides restricted affordable units as described below.
(a) The city shall grant a 20 twenty percent (20%) density bonus when an applicant
for a development of five (5) or more dwelling units seeks and agrees to construct at
least any one of the following in accordance with the requirements of this Section and
Government Code Section 65915:
(i) At least 10 ten percent (10%) of the total dwelling units of the development as
restricted affordable units affordable to lower income households. Between ten and
twenty percent (10-20%), For each one percent (1%) increase in the percentage of
restricted lower income units, a development will receive an additional one and one-
half percent (1.5%) density bonus up to thirty-five percent (35%) of the maximum
residential density. For each one percent (1%) increase in the percentage of restricted
lower income units exceeding twenty percent (20%), a development will receive an
additional three and three-quarters percent (3.75%) density bonus up to fifty percent
(50%) of the maximum residential density; or
(ii) At least five percent (5%) of the total dwelling units of the development as
restricted affordable units affordable to very low income households. Between five and
eleven percent (5-11%), for For each one percent (1%) increase in the percentage of
restricted very low income units, a development will receive an additional two and one-
half percent (2.5%) density bonus up to thirty-five percent (35%) of the maximum
residential density. For each one percent (1%) increase in the percentage of restricted
very low income units exceeding eleven percent (11%), a development will receive an
additional three and three-quarters percent (3.75%) density bonus up to fifty percent
(50%) of the maximum residential density; or
[. . .]
(b) The city shall grant a five percent (5%) density bonus when an applicant for a
development of five (5) or more additional dwelling units seeks and agrees to construct
a development, in accordance with the requirements of this Section and Government
Code Section 65915, in which at least 10 percent (10%) of the total dwelling units in a
common interest development as defined in California Civil Code Section 4100 for of a
housing development are sold to persons and families of low or moderate income
households, provided that all dwelling units in the development are offered to the
public for purchase. For each one percent (1%) increase in the percentage of restricted
moderate income units between ten and forty percent (10-40%), a development will
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receive an additional one percent (1%) density bonus up to thirty-five percent (35%) of
the maximum residential density. For each one percent (1%) increase in the percentage
of total dwelling units restricted for moderate income households exceeding forty
percent (40%), a development will receive an additional three and three-quarters
percent (3.75%) density bonus up to fifty percent (50%) of the maximum residential
density.
(c) Reserved. The city shall grant a thirty-five percent (35%) density bonus when an
applicant for a student housing development of five (5) or more additional dwelling
units seeks and agrees to construct in accordance with the requirements of this Section
and Government Code Section 65915:
(i) At least twenty percent (20%) of the total dwelling units will be restricted for
lower income students.
(ii) For purposes of calculating a density bonus granted pursuant to this
subparagraph, the term “unit” as used in this subparagraph means one rental bed and
its pro rata share of the associated common area facilities. The units described in this
subparagraph shall be subject to an affordability restriction of 55 years.
(iii) All units will be used exclusively for undergraduate, graduate, or professional
students enrolled full time at an institution of higher education accredited by the
Western Association of Schools and Colleges or the Accrediting Commission for
Community and Junior Colleges.
(iv) The applicant submits evidence that the applicant entered into an operating
agreement or master lease with one or more institutions of higher education for the
institution(s) to occupy all units of the student housing development with students from
that institution(s).
(v) The rent provided in the applicable units of the development for lower income
students shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the
area median income for Santa Clara County for a single-room occupancy unit type.
(vi) The applicant will provide priority for the applicable affordable units for lower
income students experiencing homelessness. A homeless service provider, as defined in
paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or
institution of higher education that has knowledge of a person’s homeless status may
verify a person’s status as homeless for purposes of this subclause.
(d) The city shall grant a density bonus to a development if the following criteria
apply: one hundred percent (100%) of all units in the development, including total units
and density bonus units, but exclusive of manager’s unit or units, are for lower income
households, as defined by Section 50079.5 of the Health and Safety Code, except that
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twenty percent (20%) of the units in the development, including total units and density
bonus units, may be for moderate-income households, as defined in Section 50053 of
the Health and Safety Code. For rental units, rents shall be restricted as set forth in
Government Code section 65915(c)(1)(B)(ii).
(i) Except as otherwise provided in clause (ii), the city will grant a density bonus of
eighty percent (80%) of the number of units for lower income households.
(ii) If the development is located within one-half mile of a major transit stop, the
city will not impose any maximum controls on density. If no maximum control on
density is imposed pursuant to this subparagraph, then the housing development will be
eligible for four concessions or incentives, but not eligible for additional waivers or
modifications to development standards, notwithstanding Section 18.15.060, except as
the city may allow.
(d)(e) When calculating the number of permitted density bonus units, any fractions of
units shall be rounded to the next highest number. An applicant may elect to receive a
density bonus that is less than the amount permitted by this section; however, the city
shall not be required to similarly reduce the number of restricted affordable units
required to be dedicated pursuant to this section and Government Code Section
65915(b).
(e)(f) Each development is entitled to only one density bonus, which shall be selected
by the applicant based on the percentage of very low restricted affordable units, lower
income restricted affordable units, or moderate income restricted affordable units, or
the development’s status as a senior citizen housing development or qualifying
mobilehome park, or the development's provision of restricted affordable units for
transitional foster youth, disabled veterans or homeless persons. Density bonuses from
more than one category may not be combined. Except as provided for in 18.15.030(d),
In in no case shall a development be entitled to a density bonus of more than thirty-five
fifty percent (35%) (50%).
(f)(g) The density bonus units shall not be included when determining the number of
restricted affordable units required to qualify for a density bonus. When calculating the
required number of restricted affordable units, any resulting decimal or fraction shall be
rounded to the next larger integer.
(g)(h) Any restricted affordable unit provided pursuant to the city’s below market
rate housing program shall be included when determining the number of restricted
affordable units required to qualify for a density bonus or other entitlement under this
chapter. However, the payment of a housing impact or in lieu fee shall not qualify for a
density bonus or other entitlement under this chapter.
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(h)(i) An applicant (or project) shall be ineligible for a density bonus or any other
incentives or concessions under this chapter if the housing development is proposed on
any property that includes a parcel or parcels on which rental dwelling units are or, if
the dwelling units have been vacated or demolished in the five-year period preceding
the application, have been subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of lower or very low income;
subject to any other form of rent or price control through the City’s valid exercise of its
police power; or occupied by lower or very low income households, unless the proposed
housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to
this paragrpah paragraph, contains affordable units at the percentages set forth in
Section 18.15.030.
(ii) Each unit in the development, exclusive of a manager’s unit or units, is
affordable to, and occupied by, either a lower or very low income household.
(i)(j) Certain other types of development activities are specifically eligible for a
density bonus pursuant to state law:
(i) A development may be eligible for a density bonus in return for land donation
pursuant to the requirements set forth in Government Code Section 65915(g).
(ii) A condominium conversion may be eligible for a density bonus or concession
pursuant to the requirements set forth in Government Code Section 65915.5.
(iii) An applicant for a commercial development who has entered into an agreement
for partnered housing may be eligible for a density bonus pursuant to the requirements
set forth in Government Code Section 65915.7.
(j)(k) As provided in Section 18.15.080(c), development proposed with rezoning to
the Planned Community zone district are entitled to densities approved as part of the
rezoning and shall not be entitled to a density bonus in addition to the units entitled by
the rezone.
(k)(l) Notwithstanding any provision of this chapter, all developments must satisfy all
applicable requirements of the city’s Below Market Rate Housing Program in Chapter
16.65, which may impose requirements for restricted affordable units in addition to
those required to receive a density bonus or concessions.
Table 1 summarizes the density bonus provisions described in this Section.
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Table 1
Density Bonus Summary Table
Restricted
Affordable
Units (RAUs)
or Category
Minimum
Percentage of
Restricted
Affordable
Units RAUs
Percentage
of Density
Bonus
Granted
Additional Bonus
for Each 1%
Increase in
Restricted
Affordable Units
RAUs
Percentage of
RAUs Required
for 35%
Density Bonus
Percentage of
Restricted Units
RAUs Required
for Maximum
35% 50% Density
Bonus
Very Low
Income
5% 20% 2.50%
(3.75% bonus for
increases above
11% RAU)
11% 11% 15%
Lower Income 10% 20% 1.50%
(3.75% bonus for
increases above
20% RAU)
20% 20% 24%
Moderate
Income
10% 5% 1%
(3.75% bonus for
increases above
40% RAU)
40% 40% 44%
Lower Income
Student
Housing
20% 35% ------ ------ ------
Senior Citizen
Housing
100% 20% ------ ------ ------
Qualifying
Mobile Park
100% 20% ------ ------ ------
100%
Affordable
Units
100% 80% (or no
maximum
density)
------ ------ ------
Note: A density bonus may be selected from only one category up to a maximum of
35% of the Maximum Residential Density.
18.15.040 Development Standards for Affordable Units
[. . .]
18.15.050 Development Concessions and Incentives
This section includes provisions for providing concessions or incentives pursuant to
Government Code Section 65915.
(a) By right parking incentives. Upon request by the applicant, a development that is
eligible for a density bonus may provide parking as provided in this subsection (a),
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consistent with Government Code Section 65915(p), inclusive of handicapped and guest
parking for persons with a disability and guests:
(i) Zero to one bedroom unit: one on-site parking space;
(ii) Two to three bedroom unit: two one and one-half on-site parking spaces;
(iii) Four or more bedroom unit: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be
rounded up to the next whole number. For purposes of this subsection, this parking may
be provided through tandem parking or uncovered parking, but not through on-street
parking.
(b) Additional parking incentives for transit oriented project.
(i) For purposes of this subdivision, a development shall have unobstructed access
to a major transit stop if a resident is able to access the major transit stop without
encountering natural or constructed impediments. For purposes of this subdivision,
“natural or constructed impediments” includes, but is not limited to, freeways, rivers,
mountains, and bodies of water, but does not include residential structures, shopping
centers, parking lots, or rails used for transit.
(A) Notwithstanding paragraph subdivision (a) above, if a development includes
the maximum percentage at least twenty percent (20%) of low-income or at least eleven
percent (11%) of very low income units provided for in section 18.15.030(b)(a)(i) or (ii),
and is located within one-half mile of a major transit stop, as defined in subdivision (o)
of Section 65915 of the Government Code subdivision (b) of Section 21155 of the Public
Resources Code, and there is unobstructed access to the major transit stop from the
development, then, upon request of the applicant, the city shall not impose a vehicular
parking ratio, inclusive of handicapped and guest parking for persons with a disability
and guests, that exceeds 0.5 spaces per bedroom unit. For purposes of this subdivision,
a development shall have unobstructed access to a major transit stop if a request is able
to access the major transit stop without encountering natural or constructed
impediments.
(ii) Notwithstanding paragraph subdivision (a) above, if a development consists
solely of rental units, exclusive of a manager’s unit, with an affordable housing cost to
lower income families, as provided in Section 50052.5 of the Health and Safety Code,
then, upon the request of the applicant, the city shall not impose a vehicular parking
standards if the development meets one of the following criteria ratio, inclusive of
handicapped and guest parking, that exceeds the following ratios:
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(A) If the The development is located within one-half mile of a major transit stop,
as defined in subdivision (o) of Section 65915 of the Government Code subdivision (b) of
Section 21155 of the Public Resources Code, and there is unobstructed access to the
major transit stop from the development.
(B) If the The development is a for-rent housing development for individuals who
are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code,
the ratio shall not exceed 0.5 spaces per unit. The and the development shall have has
either paratransit service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C) If the The development is either a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, or a supportive housing
development, as defined in Section 50675.14 of the Health and Safety Code. the ratio
shall not exceed 0.3 spaces per unit. The development shall have A development that is
a special needs housing development must have either paratransit service or
unobstructed access, within one-half mile, to fixed bus route service that operates at
least eight times per day.
(iii) Notwithstanding paragraphs (i) and (ii) (b)(i), (b)(ii)(A), and (b)(ii)(B), the city
may impose a higher vehicular parking ratio not to exceed the ratio described in
paragraph subdivision (a) if the city has conducted an area wide or citywide parking
study in compliance with Government Code Section 65915(p)(7)(8).
(c) Other incentives and concessions. A development is eligible for other concessions
or incentives as follows:
(i) One concession or incentive for a development that makes at least ten percent
(10%) of the total dwelling units affordable to lower income households; or at least five
percent (5%) of the total dwelling units affordable to very low income households; or at
least ten percent (10%) of the total dwelling units affordable to moderate income
households in a common interest development in which the units are for sale; or at least
twenty percent (20%) of the total units in a student housing development for low
income students, as provided for in 18.15.030(c).
(ii) Two concessions or incentives for a development that makes at least twenty
seventeen percent (20%)(17%) of the total dwelling units affordable to lower income
households; or at least ten percent (10%) of the total dwelling units affordable to very
low income households; or at least twenty percent (20%) of the total dwelling units
affordable to moderate income households in a common interest development in which
the units are for sale.
(iii) Three concessions or incentives for a development that makes at least thirty
twenty-four percent (30%)(24%) of the total dwelling units affordable to lower income
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households; or at least fifteen percent (15%) of the total dwelling units affordable to
very low income households, or at least thirty percent (30%) of the total dwelling units
affordable to moderate income households in a common interest development in which
the units are for sale.
(iv) Four concessions or incentives for a development that provides one hundred
percent (100%) of the total units, exclusive of a manager’s unit or units, are for lower
income households, as described in Section 18.15.030, subdivision (d). Such
development may additionally receive a height increase of three stories or thirty-three
(33) feet.
Table 2 summarizes the provisions of Concessions or Incentives described in
subsection (a).
Table 2
Concessions and Incentives Summary Table
Target Group Restricted Affordable Units
Very Low Income 5% 10% 15%
Lower Income 10% 20% 17% 30% 24%
Moderate Income (Common Interest Development Applicable to
For-Sale Units Only)
10% 20% 30%
Lower Income Student Housing 20% --- ---
Maximum Incentive(s)/Concession(s) 1 2 3
Notes:
1. Concessions or incentives may be selected from only one category (very low, lower,
or moderate, low income student development)
2. No concessions or incentives are available for land donation, or for senior citizen
housing developments and qualifying mobilehome parks that do not contain restricted
affordable units.
3. In a student development, a “unit” is defined according to 18.15.030(c)(ii).
[. . .]
(g) Nothing in this chapter shall be construed to require the provision of direct
financial concessions for the development, including the provision of publicly owned
land by the city or the waiver of fees or dedication requirements.
18.15.060 Waiver/Modification of Development Standards
An applicant may apply for a waiver or modification of development standards that
will have the effect of physically precluding the construction of a development at the
densities or with the concessions or incentives permitted by this chapter. The developer
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must demonstrate that development standards that are requested to be waived or
modified will have the effect of physically precluding the construction of a development
meeting the criteria of subsection (a) of Section 18.15.030 at the densities or with the
concessions or incentives permitted by this chapter. A development that receives a
waiver from any maximum controls on density pursuant to Section 18.15.030(d)(2) shall
not be eligible for waivers or modifications to development standards pursuant to this
Section.
18.15.070 Child Care Facilities
[. . .]
18.15.080 Application Requirements
An Application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be made as follows:
(a) An All applications for a density bonus, incentive, concession, waiver, modification
or revised parking standard shall be submitted with the first application for a
discretionary permit for a development and shall be processed concurrently with those
discretionary permits. The application shall be on a form prescribed by the city and shall
include the following information:
(i) A brief description of the proposed development, including the total number of
dwelling units, restricted affordable units, and density bonus units proposed.
(ii) The zoning and comprehensive plan designations and assessor’s parcel
number(s) of the project site, and a description of any density bonus, concession or
incentive, waiver or modification, or revised parking standard requested
(iii) A vicinity map and preliminary site plan, drawn to scale, including building
footprints, driveway and parking layout.
(iv) Site plan showing location of market-rate units, restricted affordable units, and
density bonus units within the proposed development;
(v) level of affordability of the restricted affordable units and proposed method to
ensure affordability;
(b) If a concession or incentive is requested, the following information must be
included in the application:
(iv)(i) If a concession or incentive is requested, a A brief explanation as to the actual
cost reduction achieved through the concession or incentive.
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(ii) For concessions and incentives that are not included within the menu of
incentives/concessions set forth in subsection (c) of Section 18.15.050, the application
requires the submittal of the project proforma or other comparable documentation
(referred to herein as the “proforma information”) to the Director, providing evidence
that the requested concessions and incentives result in identifiable and actual cost
reductions. The cost of reviewing the project proforma information, including, but not
limited to, the cost to the city of hiring a consultant to review the financial data, shall be
borne by the applicant. The proforma information shall include all of the following
items:
(A) The actual cost reduction achieved through the concession;
(B) Other information requested by the Planning Director. The Planning Director
may require additional information as is required to evaluate the proforma information;
(c) If a waiver or modification of development standards is requested, the following
information must be included in the application:
(v)(i) If a waiver or modification is requested, a A brief explanation of why the
development standard would physically preclude the construction of the development
with the density bonus, incentives, and concessions requested.
(vi) Site plan showing location of market-rate units, restricted affordable units, and
density bonus units within the proposed development;
(vii) level of affordability of the restricted affordable units and proposed method to
ensure affordability;
(viii) For concessions and incentives that are not included within the menu of
incentives/concessions set forth in subsection (c) of Section 18.15.050, the application
requires the submittal of the project proforma or other comparable documentation
(referred to herein as the “proforma information”) to the Director, providing evidence
that the requested concessions and incentives result in identifiable and actual cost
reductions. The cost of reviewing the project proforma information, including, but not
limited to, the cost to the city of hiring a consultant to review the financial data, shall be
borne by the applicant. The proforma information shall include all of the following
items:
(A) The actual cost reduction achieved through the concession;
(B) Other information requested by the Planning Director. The Planning Director
may require additional information as is required to evaluate the proforma information;
(ix)(ii) If a waiver or modification of a development standard is requested, the
applicant shall provide evidence Evidence that the development standard for which the
waiver or modification is requested will have the effect of physically precluding the
construction of the development with the density bonus and concessions requested;
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(x)(d) If a density bonus or concession is requested for a land donation, the
application shall show the location of the land to be dedicated, provide proof of site
control, and provide evidence that all of the requirements and each of the findings
included in Government Code Section 65915(g) can be made;
(xi)(e) If a density bonus or concession is requested for a child care facility, the
application shall show the location and square footage of the child care facilities and
provide evidence that all of the requirements and each of the findings included in
Government Code Section 65915(h) can be made.
(xii)(f) If a density bonus or concession is requested for a condominium conversion,
the applicant shall provide evidence that all of the requirements found in Government
Code Section 65915.5 can be met.
(b)(g) In accordance with state law, neither the granting of a concession, incentive,
waiver, modification, or revised parking standard, nor the granting of a density bonus,
shall be interpreted, in and of itself, to require a general plan amendment, zoning
change, variance, or other discretionary approval.
(c)(h) The Planned Community (PC) zone district is intended to accommodate
developments requiring flexibility under controlled conditions not attainable under
other zoning districts. Because of the flexible nature of the PC zone, which determines
site specific requirements including density, the chapter does not apply to this zoning
district.
(d)(i) This chapter implements state density bonus law. Any density bonus, incentive,
concession, revised parking standard, waiver, or modification sought by an applicant
shall be made pursuant to this chapter and may not be combined with similar requests
under state density bonus law.
18.15.090 Review Procedures
An application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be acted upon by the Approval Authority concurrently
with the application for the first Discretionary permit. The granting of a density bonus
shall not be deemed approval of the entire Project or approval of any subsequent
discretionary permit.
[. . .]
(c) If the findings required by subsection (a) of this Section cannot be made, the
Approval Authority may deny an application for a concession, incentive, waiver or
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modification only if it makes one of the following written findings, supported by
substantial evidence:
(i) The concession, incentive, waiver or modification is not concession or incentive
does not result in identifiable and actual cost reductions required to provide for
affordable rents or affordable sales prices; or
[. . .]
(d) If the Approval Authority is not the City Council, any decision denying a density
bonus, incentive, concession, waiver, modification or revised parking standard may be
appealed to the City Council within fourteen days of the date of the decision.
18.15.100 Regulatory Agreement
(a) AApplicants for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall enter into a regulatory agreement with the city. The
terms of the draft agreement shall be approved as to form by the City Attorney and
reviewed and revised as appropriate by the Director of Planning and Development
Services, who shall formulate a recommendation to the Approval Authority for final
approval.
[. . .]
SECTION 3. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 5. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b)(3) because the ordinance simply codifies existing state law and it can be seen with
certainty that the minor adjustments herein will have a significant effect on the environment.
Any project seeking to utilize the density bonus provisions herein will be subject to appropriate
environmental review.
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SECTION 6. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.52
(Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto
Municipal Code (PAMC) to Update Parking Requirements in Compliance with
Measures Promoting the Construction of Affordable Housing.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. On September 28, 2020, the Governor approved AB 1851, which prohibits local
authorities from requiring the replacement of religious-use parking spaces that a
developer of a religious institution affiliated housing development project proposes
to eliminate as part of that housing development project.
B. For developments receiving density bonuses, the parking requirements described in
Chapter 18.52 of the Palo Alto Municipal Code may be modified or superseded by
Chapter 18.15 of the Palo Alto Municipal Code, governing density bonuses.
C. The City Council is therefore updating the parking requirements in Title 18 of the
Palo Alto Municipal Code to comply with AB 1851 and to make reference to Chapter
18.15 of the Palo Alto Municipal Code.
SECTION 2. Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements)
of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended as
follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
(a) Parking Requirements
In each district, off-street parking, loading and bicycle facilities for each use shall be
provided in accordance with Tables 1 and 2, shown in subsection (c) of this Section
18.52.040. For affordable housing developments qualifying for density bonuses under
Chapter 18.15 of the Palo Alto Municipal Code, adjustments to parking requirements
will be calculated in accordance with Chapter 18.15. The requirement for any use not
specifically listed shall be determined by the director on the basis of requirements for
similar uses, and on the basis of evidence of actual demand created by similar uses in
Palo Alto and elsewhere, and such other traffic engineering or planning data as may be
available and appropriate to the establishment of a minimum requirement.
[. . .]
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SECTION 3. Section 18.52.045 (Minor Adjustments to Existing Parking Facilities) of Chapter
18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended as follows:
18.52.045 Minor Adjustments to Existing Parking Facilities
(a) The following minor adjustments may be made to existing parking facilities that are
intended to remain in substantially the same form after restriping.
(a)(1) Accessibility and EVSE-related equipment.
For sites with existing development, the number on-site parking spaces may be reduced
to the minimum extent necessary to: (1) achieve state or federally mandated
accessibility requirements or (2) permit installation of electrical utility equipment
required for EVSE. A maximum of 10% of the existing automobile parking stalls, or one
stall, whichever is greater, may be removed pursuant to this section. The loss of a
parking space is not permitted to accommodate EVSE itself. To the extent reasonably
feasible, electrical equipment required for EVSE shall be placed in a location that
minimizes visibility from the public right-of-way.
(b)(2) Substitution of bicycle parking.
For sites with existing development, where additional bicycle parking facilities cannot
reasonably be located outside of the parking facility area, existing automobile parking
stalls may be substituted with long- or short-term bicycle parking facilities. The
maximum number of substitutions shall be two existing automobile parking spaces, or
10% of the existing automobile parking stalls, whichever is greater. A minimum of four
long-term or eight short-term bicycle parking spaces is required per automobile parking
space. The bicycle parking spaces are to be located in the same physical location as the
automobile spaces they are replacing, which shall be near primary entries of the
building on-site or in locations that meet best practices for bicycle parking facilities.
(b) Substitution of religious-use parking for housing development projects.
(1) This subdivision applies to religious institution affiliated housing development
projects, as defined by Section 65913.6(a)(5) of the California Government Code.
(2) The developer of a religious institution affiliated housing development project is not
required to replace religious-use parking spaces which the developer eliminates as a
part of that housing development project. Such a reduction may not exceed fifty
percent (50%) of the number of religious-use parking spaces that are available at the
time the request is made.
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(3) Religious-use parking spaces may count towards parking spaces required for the
religious institution affiliated housing development project if:
(A) There is at least one space per unit,
(B) The parcel is within one-half mile walking distance of public transit, or
(C) There is a car share vehicle located within one block of the parcel.
SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 6. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b)(3) because the ordinance simply codifies existing state law and it can be seen with
certainty that there is no possibility that the codification of such parking regulations will have a
significant effect on the environment. Any project seeking to utilize the parking substitution
provisions herein will be subject to appropriate environmental review.
//
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//
//
//
//
//
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SECTION 7. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services