HomeMy WebLinkAboutStaff Report 13653City of Palo Alto (ID # 13653)
City Council Staff Report
Meeting Date: 12/6/2021
City of Palo Alto Page 1
Title: Adoption of Interim Urgency Ordinance Amending Titles 18 and 21 in
Response to Senate Bill 9; Adoption of an Interim Ordinance Amending Titles
18 and 21 in Response to Senate Bills 9 and 478; Adoption of Objective
Design Standards for SB 9 Projects; and Referral of Work on a Permanent
Ordinance to the Planning and Transportation Commission and the
Architectural Review Board. (6:50 - 8:30 PM)
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommend Council hold a hearing and:
1.Adopt the attached interim urgency ordinance (Attachment A) to immediately integrate
Senate Bill 9 into the Palo Alto Municipal Code and, by reference, adopt objective design
standards (Attachment C) for qualifying SB 9 projects;
2.Adopt the attached interim ordinance (Attachment B) containing the same content
regarding Senate Bill 9 and further implementing Senate Bill 478; and
3.Refer work on a permanent ordinance to the Planning and Transportation Commission
(PTC) and Architectural Review Board (ARB) work plans for 2022.
Executive Summary
The above recommendation and supporting report aim to maintain Palo Alto’s local control of
planning and development decisions while complying with recently enacted state laws. The
Background section reviews new state laws, providing summaries of the laws and their impacts
on Palo Alto. Table 1 identifies how the newest state laws and existing state laws work together
to impact development standards and approval processes for single family homes (one and two
story), accessory dwelling units, and duplexes in Palo Alto.
The Discussion section describes how the City of Palo Alto might balance adhering to state law
while asserting local aesthetic design preferences and preservation of neighborhood character.
This includes responses to SB 9, as well as responses to SB 478.
The Discussion section also describes the need to address a gap in the Palo Alto Municipal Code
created by the adoption of the City’s deconstruction ordinance. Closing this gap will promote
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the no net loss policies in state law, ensuring that we do not lose existing housing units to
demolition or deconstruction. The final sections review policy implications of the proposed and
future ordinances.
Staff propose an interim urgency ordinance so that the law can take effect immediately. This
ensures that on January 1, 2022, the ordinance is in place and can guide applications for the
relevant projects. Staff have also prepared an interim ordinance, that is not proposed to be
adopted on an urgency basis. This ordinance requires two readings and becomes effective on
the 31st day following the second reading. The interim urgency ordinance, however, requires a
2/3 majority of Council members support, while the interim ordinance may be adopted by a
simple majority. In addition, the interim ordinance provides redundancy should the urgency
findings be challenged in court and the legal proceedings delay or stay implementation of the
urgency ordinance.
Background
New State Laws Impacting Local Planning & Development
Over the past several legislative sessions, the state legislature has approved and both
Governors Brown and Newsom have signed laws altering housing policy in California. While
several bills in the most recent legislative session are acutely impactful to local governments (SB
8, SB 9, SB 10, and SB 478), these laws build on prior legislation. Together, these laws create a
complex regulatory web aimed at increasing housing production in the state in order to meet
the housing needs of the state’s current and future residents.
This web impacts local governments significantly. Among other things, this web constrains Palo
Alto’s ability to implement subjective design standards, prescribes processing timelines,
indicates certain projects are ministerial, and provides some development standards for certain
projects. Further, the web of policies works together to limit a local government’s ability to
deny certain types of housing projects.
Of the laws from the most recent legislative session, SB 8, SB 9, and SB 478 are the focus of this
report. These laws are effective on January 1, 2022. To prepare for the impacts in Palo Alto,
staff recommend that City Council adopt an interim urgency ordinance to ensure that the City
can limit negative impacts the laws may have on development and neighborhoods in Palo Alto.
Staff recommend that Council direct staff to continue working throughout 2022 on a
permanent ordinance that maximizes protection for Palo Alto neighborhoods while complying
with state laws. Due to the incredibly short time frame from passage of the laws to their
effective date, staff lacked sufficient time to benefit from community input and
recommendations of the ARB and PTC. Staff recommend adding this effort to the 2022 Work
Plans for both the ARB and PTC.
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Due to the complexity of the housing policy web, staff have prepared a table that indicates how
the laws impact local development of single-family homes, duplexes, and lot splits. The left side
describes what is currently allowed for these types of projects today in 2021. The right side
shows what will be allowed on January 1, 2022.
Following the table, the report summarizes SB 8, SB 9, and SB 478, which are new laws (further
detailed in Attachment E). Existing laws, such as the Housing Accountability Act (SB 167) and
the Housing Crisis Act of 2019 (SB 330), continue to impact local planning and development for
housing projects. The impacts of these laws are integrated into Table 1. Please note, the focus
of this report and Table are the impacts of state law on small scale housing, namely single-
family homes, duplexes, and single-family homes and/or duplexes with accessory dwelling units
(ADUs).
Table 1: Comparison of Current Local Laws & Development Practices to Future Practices Under
State Law
The Way It Is Now (2021) The Way It Will Be (2022)
(1) Single-story, Single-family Home in R-1 or RE Zones
Building permit application submitted to the City
and reviewed by staff. Reviewed by planning for
adherence to zoning development standards in the
code.
If a project seeks a variance or home improvement
exception, then a discretionary planning
application must be approved before the building
permit application can be reviewed/approved.
ADU/JADU
See Project 3 below.
Single unit housing development does not qualify
for SB 9. See Project 3 (below) for SB 9 eligible
projects.
The current process (The Way It Is Now) can
continue.
Property owner can “freeze” zoning rules with a
pre-application.
Limit of 5 hearings, including appeal hearings.
Single unit homes are subject to local objective
standards and to subjective standards adopted
before January 2020.
Building permit for replacement home must be
reviewed and approved prior to complete
demolition via deconstruction.
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ADU/JADU
See Project 3 below.
(2) Two-story, Single-family Home in R-1 or RE Zones
Two story homes must go through the “Individual
Review” process (IR process). Proposed two-story
homes must comply with the Individual Review
Guidelines (IR Guidelines) as well as zoning
development standards.
The IR process and guidelines help to shape the
architecture, privacy, streetscape, and massing of
the home and its relationship to neighboring
properties. This process results in conditions of
approval for the proposed home. For example,
landscape screening and opaque windows on the
upper floor to enhance privacy.
Since the IR process is a discretionary review, the
demolition of listed historic and eligible resources
is considered an impact under CEQA that must be
evaluated.
ADU/JADU
See Project 3 below.
Single unit housing development does not qualify
for SB 9. See Project 3 for SB 9 eligible projects.
IR Program continues to apply to two-story homes.
Property owner can “freeze” zoning rules with a
pre-application.
Limit of 5 hearings, including appeal hearings.
ADU/JADU
See Project 3 below.
(3) Single-family home (one or two story) in R-1 or RE Zones with an ADU and/or JADU
Qualifies as a “housing development project”
under the Housing Accountability Act (SB 330)
because the project is more than one unit.
The two-story primary home goes through the IR
process and is subject to the IR Guidelines. The
City cannot deny the project based on subjective
criteria. The City can condition approval of the
project based on subjective criteria, provided the
conditions of approval do not violate state law and
provide sufficient direction to be implemented.
New subjective standards cannot be added to the
IR Guidelines. No new subjective standards after
Jan. 1, 2020.
Limited to 5 hearings, including appeal hearings.
SB 9 Qualifying Projects
A one- or two-story single-family home with an
ADU, a JADU, or an attached JADU and detached
ADU may be subject to SB 9.
The project must meet other SB 9 requirements for
eligibility.
If eligible for SB 9, the project is subject only to
adopted objective design standards. In this case,
both the primary home and ADU and/or JADU are
ministerial review and approval only.
If the applicant seeks to exceed the objective
design standards, the project can elect to go
through the IR process
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If combined with an ADU, the Housing
Accountability Act (SB 330) applies. In that case,
the City cannot deny the project based on
subjective criteria. The City can condition the
approval of the project to effectuate subjective
standards.
ADU/JADU
1 detached ADU and 1 JADU allowed. Or 1
attached ADU or 1 JADU.
The ADU and/or JADU must be ministerially
approved
All Other Single Family Homes w/ADU and/or
JADU
The project’s two-story primary home is subject to
the IR process.
A property owner could assert the right to
ministerial review of the primary home, when
combined with an ADU, under SB 9.
The ADU and/or JADU portion is subject to
ministerial review and approval only
(4) Duplex in R-2 Zone
Building permit application submitted to the City
and reviewed by staff. Reviewed for adherence to
zoning development standards in the code.
If a project seeks a variance or home improvement
exception, then a discretionary planning
application must be approved before the building
permit application can be reviewed.
The IR process applies when the duplex is located
next to a single-family home.
No new subjective standards allowed.
ADU/JADU
Up to 2 detached ADUs allowed
No changes; see left column.
SB 9 does not apply to R2 zoned properties
(5) Duplex on RE or R-1
A duplex is not allowed in these zones.
ADU/JADU
While a duplex is not allowed on a R-1 or RE
parcel, ADU/JADUs are allowed as follows: 1
detached ADU and 1 JADU allowed. Or 1 attached
ADU or 1 JADU.
ADU ministerially approved
Qualifying SB 9 Projects
For qualifying parcels and projects (must meet all
SB 9 criteria) 2 units are allowed.
The units are subject to objective zoning
development standards and objective design
standards.
The application, review, and approval are
ministerial.
In the absence of a lot split, the owner can also add
up to 2 detached ADUs. Under this scenario, the
duplex, under SB 9, would be constructed first.
Subsequently, up to 2 detached ADUs could be
constructed (following application, review and
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ministerial approval). Any future lot split would
need to result in no more than 2 units on either
resulting lot.
Other Duplexes in the R-1 or RE
SB 9 is the only path for a “duplex” in the R-1 or RE
zones.
(6) Lot Split in R-1 or RE Zones
Standard Subdivision Process (Parcel Map) for Lot
Split
Minimum lot size in the R-1 is 6,000 sf, 60 ft wide
and 100 ft deep. In the RE the minimum lot size is
1 acre (43,560 sf) and must be 100 ft min width
and 100 ft min depth.
In order to subdivide, each resulting lot must meet
the minimums (above), and also be no larger than
9,999 sf.
Subdivision is a two-step process. First, the
applicant applies for a Preliminary Parcel Map,
which goes to a Director’s Hearing. Second, the
applicant applies for a Parcel Map which is
reviewed by Staff, and when complete, is signed
by the City Surveyor (contract), Director of PDS,
and Director of Public Works Engineering. The map
is then recorded with the County of Santa Clara
and a copy is returned to the City.
A lot split is creating two full parcels. This is
different from a condo subdivision, which allows
for example, two duplex units on the same lot to
be sold to separate owners and establish common
shared spaces and privately owned spaces.
Parcel map with exceptions
A parcel map with exceptions can allow for the
creation of parcels that do not meet the standard
size requirements. A parcel map with exceptions
requires both PTC and Council approval.
ADU/JADU
ADU and/or JADU are allowed on resulting lots.
Qualifying SB 9 Projects
SB 9 creates a new path for lot splits available to
qualifying properties.
The “initial” lot, before being split, must be at least
2,400 square feet.
The lot can be split evenly or the lot can have a
60/40 split. Minimum lot size for a resulting lot is
1,200 square feet.
The City can require that the resulting lots have
street frontage or access through an easement. The
recommended ordinance requires minimum access
to the street for flag lots.
Staff recommend exploring additional lot design
standards for a permanent ordinance.
The City can state lots split under SB 9 are not
eligible for more than 2 units per lot. This is
reflected in the ordinance.
Other Lots Splits
The existing paths remain available; see left
column.
Some parcels will not qualify for the “urban lot
split” under SB 9.
The underlying zoning of the resulting lots would be
R-1 or RE, which allows a primary home with
J/ADU(s).
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ADU’s and/or JADU’s cannot be subdivided from
primary residences by lot split or condo
subdivision. Although state law does allow ADUs to
be sold separately if the ADUs will be owned by a
non-profit organization.
Listed Historic Resource
In most cases, a flag lot cannot be created in the R-
1.
If there is a historic resource the Subdivision
Incentive for Historic Preservation applies. In this
instance, if there are 2 homes on a lot, and one
home is historic, then a flag lot can be created to
further the preservation of the historic resource. A
covenant is placed on the historic home.
Listed Historic Resource
The Way It Is Now
Proposals to demolish an existing home and build a one-story home are not discretionary.
Historic resources are not protected and do not require discretionary approval.
The proposed demolition of a listed category 1 or 2 resource or a listed category 1 - 4 property
in Professorville and Downtown to be replaced by a two-story home, requires discretionary
approval and California Environmental Quality Act (CEQA) review.
The Palo Alto Comprehensive Plan states a proposal to demolish a home must be preceded by a
historic resource evaluation to determine eligibility for the California Register of Historical
Resources (CRHR). If a home is eligible to be listed—but not listed—and a two-story home or
other discretionary approval is requested, then CEQA review may apply.
Through the performance of historic resource evaluations, the City identifies more eligible
historic resources. The list of eligible resources are sent yearly to the State of California.
The Way It Will Be
By limiting and in some cases prohibiting the IR process and/or discretionary approval, the City
will have fewer opportunities to identify eligible historic resources. Homes may be demolished
without evaluations. This issue will be revisited and further researched during development of a
permanent ordinance.
Review of SBs 8, 9, 10, and 478
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The remainder of this section details the specific laws passed in the 2021 legislative session; SBs
8, 9, 10, and 478.
SB 8 (Skinner) Housing Crisis Act of 2019
Existing law, the Housing Crisis Act of 2019 (HCA), requires a housing development project be
subject only to the ordinances, policies, and standards adopted and in effect when a
preliminary application is submitted, except as specified. The act defines “housing development
project” to mean a use consisting of residential units only, mixed-use developments consisting
of residential and nonresidential uses with at least 2/3 of the square footage designated for
residential use, and transitional or supportive housing.
Notable changes by the law, signed by Governor Newsom:
• Extends the sunset of the HCA by five years to January 1, 2030.
• Expands on the definition of “housing development project” for the purposes of the HCA to
include both discretionary and ministerial projects. SB 8 also applies the HCA to the
construction of single dwelling units. Therefore, single dwelling units may submit pre-
applications to freeze zoning laws, may be subject to the no-net-loss provision of the HCA,
and may be limited to five total hearings.
• Clarifies that appeals and public meetings related to density bonus projects are counted for
the purposes of the five-hearing limit in the HCA.
This law clarifies the HCA and staff will continue to process applications in accordance with the
State law. No local ordinance is necessary for implementation.
SB 9 (Atkins) Housing Development
Senate Bill 9 adds Government Code Sections 65851.21 and 66411.7 and amends Government
Code Section 66452.6 (Subdivision Map Act). The provisions of SB 9 are effective beginning
January 1, 2022. Below is a summary of those provisions. Attachment D provides an infographic
representation of SB 9.
This new law applies to single-family zoned parcels and includes two primary by-right
provisions. One provision allows for a lot split of parcels that are at least 2,400 square feet in
area. The other provision allows construction of up to two units on each parcel in a single-
family zone. A lot split followed by a two-unit project on each of the new lots could result in
four total dwellings on what was formerly one single-family residential lot. More details are
provided below.
Government Code Section 65851.21 – Ministerial Two-Unit Developments
Under SB 9, local agencies must approve in a ministerial process, without any discretionary
review or hearing, certain two-unit developments. Two-unit developments are those that
propose either the construction of no more than two new units, or the addition of one new unit
to an existing unit. Please note that under state law the developments can also include up to
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two detached accessory dwelling units; this totals up to 4 units on a lot. City staff interpret this
to exclude the construction of a single dwelling unit on a lot.
To qualify for this ministerial process, the two-unit development must be proposed in a single-
family residential zone, which in Palo Alto are the R-1 and RE zones. Other requirements that a
project must satisfy to qualify for SB 9's benefits include:
• Location. The project must be in an urbanized area or urban cluster, or within a city with
boundaries in an urbanized area or urban cluster, as those terms are defined by the U.S.
Census Bureau. The project cannot be on a site designated as a local or state historic
landmark or within a local or state historic district. The project may not be on prime
agricultural land, wetlands, or protected species habitat, but may be in a high or very
high fire severity hazard zone, earthquake fault zone, floodplain, floodway, and site with
hazardous materials so long as certain mitigation measures (as outlined in Government
Code Section 65913.4(a)(6)) have been implemented on those sites.
• Protected Units. The two-unit development may not result in the demolition or
alteration of affordable housing, rent-controlled housing, housing that was withdrawn
from the rental market in the last 15 years, or housing occupied by a tenant in the past 3
years.
• Limit on Demolition. The project may not demolish more than 25 percent of the
exterior walls of an existing unit unless either the local agency permits otherwise or the
site has not been occupied by a tenant in the last 3 years. In the absence of local
authorization, this limitation is duplicative of the restriction on alteration of housing
recently occupied by a tenant.
• Short term rentals. Any units constructed via SB 9 cannot be used for short-term rentals
of less than 30 days.
A project that meets these criteria and otherwise qualifies for the SB 9's ministerial process is
exempt from the provisions of the California Environmental Quality Act, as is an ordinance
implementing these provisions. However, the provisions of the California Coastal Act of 1976
are applicable to SB 9 two-unit developments, except that a local agency is not required to hold
a public hearing for coastal development permit applications.
SB 9 provides narrow parameters for local agencies regarding the standards which they may
apply to qualifying two-unit developments and the circumstances under which they may reject
an otherwise qualifying two-unit development. As a general matter, a local agency may impose
objective zoning standards, objective subdivision standards, and objective design review
standards, so long as those standards do not conflict with the limitations imposed by SB 9 and
would not physically preclude the construction of up to two units of at least 800 square feet
each.
It’s important to note that while the City’s standards cannot preclude the construction of up
two units that are 800 square feet each, staff do not interpret this to mean that SB 9 projects
can be limited to only 800 square feet each. Under California Government Code Section
66300(b), local governments are prohibited from:
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“(A) Changing the general plan land use designation, specific plan land use designation,
or zoning of a parcel or parcels of property to a less intensive use or reducing the
intensity of land use within an existing general plan land use designation, specific plan
land use designation, or zoning district below what was allowed under the land use
designation and zoning ordinances of the affected county or affected city, as applicable,
as in effect on January 1, 2018, except as otherwise provided in clause (ii) of
subparagraph (B). For purposes of this subparagraph, “less intensive use” includes, but
is not limited to, reductions to height, density, or floor area ratio, new or increased open
space or lot size requirements, or new or increased setback requirements, minimum
frontage requirements, or maximum lot coverage limitations, or anything that would
lessen the intensity of housing." 1
Reducing the allowable lot coverage and square footage in the R1 or RE zones could be
characterized as reductions in intensity of land use. Based on this, the recommended ordinance
does not limit the size of SB 9 projects beyond the City’s current lot coverage, height, and other
objective zoning standards. There is one exception: Circumstances where SB 9 would authorize
a greater number of units than were permitted on January 1, 2018. In these circumstances –
three or four detached units on what was formerly a single-family zone lot – staff believe
square footage can be limited and the proposed ordinance does so.
Other limitations in SB 9 include:
• Setbacks. A local agency may not require rear and side yard setbacks of more than four
feet. No setback may be required for a unit constructed (1) within an existing living area,
or (2) in the same location and to the same dimensions as an existing structure.
• Parking Requirements. A local agency may only require one off-street parking space per
unit. No parking requirements may be imposed if the parcel is located within (1) one-
half mile walking distance of either a statutorily defined high-quality transit corridor or
major transit stop, or (2) one block of a car share vehicle. In Palo Alto, 600 feet equals
one block.
• Adjacent or Connected Structures. A local agency may not deny an application for a
two-unit development solely because it proposes adjacent or connected structures, as
long as the structures meet building code safety standards and are sufficient to allow
separate conveyance.
1 SB-8, which goes into effect on January 1st 2022, further clarifies this language with the following amendments:
“(A) Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or
parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land
use designation, specific plan land use designation, or zoning district in effect at the time of the proposed
change, below what was allowed under the land use designation and or zoning ordinances of the affected county
or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of
subparagraph (B). (B) or subdivision (i).”
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• Number of units, ADUs/JADUs. A local government is not required to allow an ADU or
JADU on a parcel that uses both the two-unit law and the urban lot split. A property
owner is still entitled to construct ADUs on a parcel that has not been split under SB 9.
• Percolation Test. For residential units connected to an onsite wastewater treatment
system, the local agency may require a percolation test completed within the last 5
years, or if the percolation test has been recertified, within the last ten years.
SB 9 provides that a local agency may deny an otherwise qualifying two-unit development if the
local building official makes a written finding, based on a preponderance of the evidence, that
the proposed housing development project would have a specific, adverse impact upon public
health and safety or the physical environment, and there is no feasible method by which to
satisfactorily mitigate the adverse impact.
Government Code Section 66411.7 – Ministerial Urban Lot Splits
Under SB 9, local agencies must also ministerially approve, without discretionary review or
hearing, certain urban lot splits. To qualify for ministerial approval under SB 9, the parcel to be
split must be in a single-family residential zone, which in Palo Alto are the R1 and RE zones. The
parcel map for the urban lot split must meet the following requirements:
• Location. The project must be in an urbanized area or urban cluster, or within a city with
boundaries in an urbanized area or urban cluster, as those terms are defined by the U.S.
Census Bureau. The project cannot be on the site of a designated local or state historic
landmark or within a local or state historic district. The project may not be on prime
agricultural land, wetlands, or protected species habitat, but may be in a high or very
high fire severity hazard zone, earthquake fault zone, floodplain, floodway, and site with
hazardous materials so long as certain mitigation measures (as outlined in Government
Code Section 65913.4(a)(6)) have been implemented on those sites.
• Parcel Size. The parcel map must subdivide an existing parcel to create no more than
two new parcels of approximately equal lot area, with neither resulting parcel exceeding
60 percent of the lot area of the original parcel. Additionally, both newly created parcels
must be at least 1,200 square feet (unless the local agency adopts a smaller lot size).
• No Prior SB 9 Lot Split. The parcel to be split may not have been established through a
prior SB 9 lot split. Neither the owner nor anyone acting in concert with the owner may
have previously subdivided an adjacent parcel using an SB 9 lot split.
• Subdivision Map Requirements. The urban lot split must conform to all applicable
objective requirements of the Subdivision Map Act, except those that conflict with SB 9
requirements.
• Protected Units. The urban lot split may not result in the demolition or alteration of
affordable housing, rent-controlled housing, housing that was withdrawn from the
rental market in the last 15 years, or housing occupied by a tenant in the past 3 years.
• Owner-Occupancy Affidavit. The applicant must indicate, by affidavit, the applicant’s
intention to reside in one of the units built on either parcel for at least three years. This
requirement does not apply if the applicant is a qualified non-profit or community land
trust. The City cannot impose any additional requirement related to owner occupancy.
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• Residential Uses. Any parcel created through via SB 9 must be used for residential
purposes and cannot be used for short-term rentals of less than 30 days.
A parcel map application for an urban lot split that meets these criteria and otherwise qualifies
for the SB 9's ministerial process is exempt from the provisions of the California Environmental
Quality Act, as is an ordinance implementing these provisions. The provisions of the California
Coastal Act of 1976 are applicable to SB 9 urban lot splits, except that a local agency is not
required to hold a public hearing for coastal development permit applications.
As with two-unit developments under SB 9, a local agency may impose objective zoning
standards, objective subdivision standards, and objective design review standards to an SB 9
urban lot split, so long as those standards do not conflict with the limitations imposed by SB 9
and would not physically preclude the construction of up to two units of at least 800 square
feet each.
Other urban lot split limitations in SB 9 include:
• Setbacks. A local agency may not require rear and side yard setbacks of more than four
feet. No setback may be required for a unit constructed (1) within an existing living area,
or (2) in the same location and to the same dimensions as an existing structure.
• Parking Requirements. A local agency may only require one off-street parking space per
unit. No parking requirements may be imposed if the parcel is located within (1) one-
half mile walking distance of either a statutorily defined high-quality transit corridor or
major transit stop, or (2) one block of a car share vehicle. In Palo Alto, a block shall equal
600 feet.
• Easements, Access, and Dedications. A local agency may require an application for a
parcel map for an urban lot split to include easements necessary for the provision of
public services and facilities. The local agency may also require that the resulting parcels
have access to, provide access to, or adjoin the public right-of-way. The local agency
may not require dedications of rights-of-way or construction of offsite improvements.
• Number of Units; ADUs and JADUs. Notwithstanding the provisions of Government
Code Sections 65852.1, 65852.21, 65852.22, and 65915, a local agency is not required to
permit more than two units on any parcel created through the authority in SB 9,
inclusive of any accessory dwelling units or junior accessory dwelling units.
• Adjacent or Connected Structures. A local agency may not deny an application for an
urban lot split solely because it proposes adjacent or connected structures, as long as
the structures meet building code safety standards and are sufficient to allow separate
conveyance.
The standard for denying an application for a parcel map for an urban lot split is the same as for
denying an SB 9 two-unit development – the local building official must make a written finding,
based on a preponderance of the evidence, that the proposed housing development project
would have a specific, adverse impact upon public health and safety, or the physical
environment, and there is no feasible method by which to satisfactorily mitigate the adverse
impact.
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Government Code Section 66452.6 – Subdivision Map Act Amendment
Currently, an approved or conditionally approved tentative map expires either 24 months after
its approval, or after any additional period permitted by local ordinance, not to exceed an
additional 12 months. SB 9 extends the limit on the additional period that may be provided by
local ordinance from 12 to 24 months. Where local agencies adopt this change by ordinance, an
approved or conditionally approved tentative map would expire up to 48 months after its
approval if it received a 24-month extension of approval.
Local Policy Development & Implementation
The City would need to consider these two-unit projects and lot splits ministerially (i.e., without
discretionary review or hearing), if the proposed housing development meets certain
requirements. In particular, the law allows local development standards to apply to the
dwelling units constructed on the subject parcel(s). The local development standards, however,
must be objective standards. While the City currently is in process to develop objective
standards, that effort was not developed with a two-family unit typology in mind. The City,
including the PTC and the ARB, may want to pursue development of standards to ensure any
resulting units created by this law align with Palo Alto’s preferences.
The City will need to determine the process for accepting applications and reviewing
applications and ensuring compliance with restrictions. Notable aspects include that the
resulting units cannot be short term rentals. The law does not require the City to allow
accessory dwelling units when four units are created by both lot split and subsequent two-unit
projects. Likewise, the law requires that lot splits only be performed by property owners who
attest they will reside in one of the units for at least three years. The director of Planning and
Development Services will promulgate rules to effectuate this provision and others.
This law has gained attention in the press and academics alike resulting in many published
articles. One research article that may be of interest published in July 2021 prior to the signing
of the law2 provides some context of the law’s impacts on housing production throughout the
state.
SB 10 (Wiener) Housing Development/Density
This new law authorizes a city to adopt an ordinance to zone any parcel for up to 10 residential
units, at a height specified by the ordinance if the parcel is in a transit-rich area or an urban
infill site. An ordinance adopted in accordance with this law is not a project for purposes of
CEQA.
It is not a requirement that the City adopt an ordinance. It is meant as a tool for local agencies
to increase housing development in transit-rich areas. Staff will not act on this bill unless
Council directs staff to do so.
2 Terner Center for Housing Innovation (UC Berkeley). July 2021. https://ternercenter.berkeley.edu/wp-
content/uploads/2021/07/SB-9- Brief-July-2021-Final.pdf
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SB 478 (Wiener): Planning and Zoning Law: Housing Development
The new law applies to housing development projects located in a multifamily residential zone
or a mixed-use zone. For Palo Alto, this could apply to several commercial districts that allow
residential and commercial uses.
The law does the following:
• This law prohibits a local agency from imposing a Floor Area Ratio (FAR) standard that is
less than 1.0:1 on a housing development project that consists of three to seven units,
or less than 1.25:1 on a housing development project that consists of eight to ten units.
• The law prohibits a local agency from imposing lot coverage requirements that would
physically preclude a housing development project from achieving the FARs described
above.
• The law prohibits a local agency from denying a housing development project located on
an existing legal parcel solely on the basis that the lot area of the proposed lot does not
meet the local agency’s requirements for minimum lot size.
For more detailed summary of this law refer to Attachment E of this report.
This law impacts most of Palo Alto’s existing mixed-use development standards. The City will
need to update Title 18 for consistency with the State law. Staff will provide more analysis of
the effects of the regulations for a future public hearing.
Discussion
SB 9 Local Implementation
Staff recommend adopting the attached ordinances (Attachments A and B) in order to comply
with state law and maintain local control to the greatest extent possible. Included in the
legislation, staff have translated the City’s subjective individual review guidelines (see here) into
objective design standards (Attachment C). Attachment C also crosswalks the IR guidelines and
the proposed objective design standards. For qualifying projects, these objective standards
preserve Palo Alto’s neighborhood character and local zoning control. These standards would
apply to qualifying SB 9 projects.
As stated, staff recommend these objective design standards be further studied by the ARB and
PTC in 2022, culminating in a permanent ordinance these bodies will recommend to the City
Council. The urgency ordinance and regular ordinance provide protection in the intervening
time period.
The future work item would not only include objective design standards, but also efforts to
identify acceptable lot split patterns. SB 9 does allow cities to create standards for the lot split
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configurations. Such efforts can help to shape properties and minimize negative impacts on
neighboring properties.
SB 9 Affordability
At present, staff are researching the ability for the City to impose affordability requirements on
SB 9 projects. Generally, it is required by state law that affordability requirements of greater
than 15% be supported by financial feasibility analysis. That said, staff believe that the City
could apply a 15% inclusionary housing requirement on SB 9 projects. In this case, the applicant
would have the opportunity to pay a fee in-lieu of providing the unit. Currently, one- and two-
unit developments are exempt from the City’s affordable housing requirements.
Staff recommend further researching this policy before imposing this standard. If Council seeks
to implement this policy now, Council may If Council seeks to implement this policy now,
Council may include language in the ordinance. A motion to include in the interim urgency
ordinance and interim ordinance an amendment to chapter 16.65 to subject two unit projects
under SB 9 to the city's affordable housing requirements would accomplish this.
SB 9 Objective Design Standards
Proposed objective design standards for SB 9 projects (Attachment C) reflect the intentions of
the existing single family Individual Review guidelines. They also respond to lot split patterns
that create flag lots and the reduced side and rear setbacks allowed by SB 9.
SB 9 projects would be required to meet all applicable objective design standards with a narrow
exception that an objective design standard shall not be applied if such standard would: 1) not
enable two units on a lot, each having a minimum 800 square feet of floor area, or 2) result in
the maximum floor area allowed by the zoning code on the lot to not be feasible. The proposed
objective design standards should permit required development under SB 9 to be feasible in the
vast majority of situations. If a project did not want to meet the standards, they can voluntarily
enter the discretionary IR process. Such projects might include homes with distinctive or unique
architectural features or other needs to exceed the design standards.
The existing Individual Review guidelines place specific requirements related to streetscape,
massing, and privacy on new two-story homes and upper floor additions. The guidelines take
into consideration the specific neighborhood context and conditions on adjacent property to
promote compatible development.
Application of the guidelines with consideration of existing neighborhood conditions frequently
results in a proposed home not using the entire R-1 zoning envelope. This is an intention stated
and illustrated in the guidelines. As an example, the first twenty (20) two-story home
applications in 2021 resulted in approved homes with maximum heights ranging from 22’-0” to
27’-6”, whereas the height limit in the R-1 zone is 30 feet.
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Other common aspects of development influenced and regulated by the existing guidelines
include garage placement and prominence, size and positioning of the upper floor, building
mass and massing particularly adjacent to a single-story home, and privacy related to the
placement and treatment of upper floor decks and windows facing interior lot lines.
Highlights from the SB 9 objective design standards are included here with explanatory
comments or notes. The highlights combine some standards shown in Attachment C for brevity
and convenience.
Garage Location, Width, and Height: Garages (and carports) shall be located at least 5 feet
back from the front façade and be no wider than 30 percent of the façade. The maximum roof
height over a garage shall not exceed 15 feet and the maximum wall plate at a garage shall not
exceed 10 feet.
Garages or carports in mapped Eichler Tracts may be located forward of the front façade plane
of the house, so long as the garage or carport: a. is no more than 21 feet wide, b. has a roof
pitch or 3 in 12 or less, and c. has a maximum height of 12 feet.
The individual review guidelines require garages to be subordinate to the house, entry and
landscape as seen from the street and subordinate to the principal building forms in scale.
Some adjustments are made for garage placement in Eichler Tracts due to historic site
development patterns in those neighborhoods. The objective design standard does not negate
the contextual rear garage placement requirement in the R-1 zone where it is required.
Second Floor Size: Second floor area as portion of the total floor area shall not exceed the
following percentages: (a.) 35 percent where all abutting lots at side lot lines have two-story
homes, (b.) 30 percent where any abutting lot across a side lot has a one-story house, and (c.)
25 percent where a property is in a mapped Eichler Tract.
Placing more floor area on the ground floor is consistent with the individual review guidelines
particularly where next to one-story homes or in neighborhood with a high percentage of one-
story homes. 14 of the surveyed first 20 individual review applications for 2021 had second
floor area less than 35 percent of the total floor area. The low percentage for the 20 homes was
12 percent for an addition and 26 percent for a new house. The high percentage was 41
percent. None of these 20 applications were in an Eichler Tract.
Second Floor Stepbacks: Second floor area shall not be permitted within the side and rear yard
setbacks of the underlying single-family zoning district. For example, a second floor would not
be permitted within 20 feet of the rear lot line in the R-1 Zone even though the first floor is
permitted to have a 4-foot rear yard setback per SB 9.
Flag Lot Second Floor Area: On a flag lot, or similar lot without street frontage, floor area shall
only be permitted on a second-floor level if the maximum allowed floor area is greater than 70
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percent of the buildable lot area (i.e., the lot area not within setbacks). In such cases the
maximum second floor area shall be the greater of the allowed floor area in excess of 70
percent of the buildable lot or 300 square feet.
Historically, flag lots have been restricted to a one-story height limit by the zoning regulations.
However, cases may exist where the minimum SB 9 required development of two 800 square
foot units, or development equal to the allowed floor area per the zoning code, may not be
able to be reasonably accommodated in one-story. This objective design standard would permit
second floors on flag, or similar land-locked lots with easement access to a street in some
instances, but would limit the amount second floor area to the practical minimum.
Massing—One-story Rooflines Next to One-story Homes: A proposed home/duplex shall have
a one-story building volume at least 15 feet wide and 15 deep set forward of a second-floor
street facing wall plane or two-story wall plane in the circumstance where a one-story home
exists on the lot to either side across a side lot line.
Additionally, the proposed upper floor on the building side facing a one-story home across the
side lot line shall be set back from the lower floor at least 7 feet for 50 percent of the depth of
the building if the second-floor wall is within 20 feet of the side lot line.
Please reference illustrations 1B and 1D on pages 3 and 5 of the Individual Review Guidelines
and key point 5 of guideline one on page 3 for visual depiction of massing with one-story
rooflines that would comply with this objective design standard.
Roof Height for Varied Roof Pitches: Maximum roof height shall be limited to 27 feet at roofs
with pitches (slopes) 9 in 12 or greater, 25 feet at roofs with pitches 3 in 12 up to 9 in 12, and
22 feet for roof pitches less than 3 in 12. In Eichler Tracts the maximum roof height shall not
exceed 22’ for a pitched roof or 20’ for a flat roof or parapet. Pitched roofs in Eichler Tracts are
limited to 3 in 12 or lower. Please note that the roof height on flat roofs with parapets is
measured to the top of the parapet.
Variation in the height limit by roof pitch is purposeful for managing building mass and scale.
For example, a flat roof building may have considerably more mass and scale, given its taller
wall planes than a pitched roof building of the same height. The proposed roof heights by pitch
reflect height ranges not uncommon with approved projects under individual review.
Second Floor Windows — Window Location and Privacy Measures: On each house/housing
unit with second floor bedrooms at least one second floor bedroom shall have its largest/egress
window facing the front lot line. Additionally, on corner lots at least one second floor bedroom
shall have with its largest/egress window facing the street side lot line.
Where second floor windows face an interior lot line at less than 20 feet distance from the side
lot line or less than 30 feet distance from the rear lot line, they shall provide one of the
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following privacy measures: a. obscure glazing, b. exterior mounted permanent privacy screens
that block sight lines, or c. sills at 5 feet above floor level.
Window placement and privacy mitigation measures are consistent with those noted and
illustrated on the privacy guideline of the individual review guidelines. Proposed landscape is
not considered a primary form of privacy mitigation due to time needed to mature and
landscape’s inherent uncertainties, although it may serve as a secondary mitigation.
Second Floor Balconies and Roof Decks: No more than one second floor deck or balcony shall
be permitted per dwelling and shall meet the following: a. only be permitted on a street facing
façade, b. be located at least 20 feet from an interior side yard, and c. be limited in size to no
more than 40 square feet.
A roof deck (i.e., a deck above the first level of a one-story building or second level of a two-
story building) shall not be permitted.
Upper floor decks have considerable potential to impact neighbors’ privacy across side and rear
lot lines. Key point 4 of the privacy guideline (page 15 of individual review guidelines) states:
“Second story decks are permitted only the extent that they result in minimal loss of privacy to
side or rear facing property. Deck size and potential use may be considered in determining
potential loss of privacy.” Using the individual review guidelines frequently results in
modifications to a proposed second floor deck facing an interior lot line, such as screening
walls, deck size reduction, plan rearrangements, or in some cases removal or relocation of the
deck to provide privacy for neighboring property. Lacking these tools and knowledge of the
specific circumstances and design proposal it would be difficult to see an approach where
privacy from second floor decks facing interior lot lines would be achievable with objective
design standards.
Historic Resources
The City has a local historic preservation program that can assess properties for eligibility on the
City’s Local Inventory as an individual historic resource, district and/or contributing building.
The Palo Alto Historic Inventory is the official list designated by the City Council as possessing
significant historical and/or architectural value. Any individual or group may propose
designating a historic structure, site or district to the Inventory according to the procedure
found in the Historic Preservation Ordinance (Municipal Code Section 16.49.040). Properties
nominated for designation are recommended by the Historic Resources Board (HRB) and
decided upon by the City Council.
Currently, the City requires historic resource evaluations for potentially eligible homes
identified in 2000 City Historic Survey when a discretionary permit is applied for. This is
consistent with the City’s Comprehensive Plan. Under SB 9, the City may be in danger of losing
eligible resources and may no longer evaluate additional properties for eligibility. This is
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because an eligible resource must be listed on the Local Inventory to be protected from
demolition under PAMC 16.49.
In order to maximize the preservation of historic resources, they must become listed on the
Local Inventory. The City Council may want to consider updating of the Palo Alto Local
Inventory. If so, staff will return with a budget request for support to carry out this effort. This
will include a review of eligible properties for integrity, proper documentation regarding eligible
properties, outreach to property owners, notices to neighbors, and hearings with the HRB and
Council.
Alternative Action
As an alternative to the subject ordinance and objective standards, the City Council could direct
staff to up-zone all R-1 and RE parcels to R-2. In this instance, up to 4 units would still be
allowed on a lot (2 primary units and 2 detached ADUs). The urban lot split provision of SB 9,
however, would not apply. Development of two-story, single-family homes on the “new” R-2
parcels would remain subject to the IR process and IR guidelines.
This scale of up-zoning, however, may not be desirable. Were the City to take this path, the City
could not down zone in the future; this is due to provisions in state law that prevent
downzoning unless another area of a jurisdiction is up-zoned. Secondly, the future of SB 9
remains unclear. Efforts to repeal the law have begun and may prove successful. In that case,
such up-zoning may prove premature.
SB 478
Staff recommend adopting the standards of SB 478 into the City’s municipal code. These
requirements are straight forward. The change in state law could result in increased
applications for housing developments of this size.
Deconstruction and Demolition
When the City adopted its deconstruction ordinance, it inadvertently invalidated portions of
the planning and zoning code. Specifically, since all projects are required to be deconstructed
instead of demolished, the requirements related to approval of a replacement project before
demolition in 18.40.160 no longer apply. Initially, early deconstruction was allowed as an
incentive to encourage projects to choose deconstruction. Now that all projects are required to
be deconstructed, the incentive is no longer needed; and “demolition” is no longer the
appropriate term for this code section.
Right now, as the code currently exists, a project can propose deconstruction of a building,
including housing, and not be subject to the no net loss provisions nor required to have an
approved replacement project. Moreover, an applicant could deconstruct a category 3 or 4
historic resource and later apply for a two-unit development or lot split under SB 9.
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Staff propose to rectify this loophole by removing the exception for “deconstruction” from the
requirement to have an approved replacement project. This is included as part of the urgency
ordinance as it will allow the City to exclude locally listed historic resources from
redevelopment under SB 9.
Policy Implications
The City can choose to take no action on any of the policies discussed above. State laws apply
even if local implementing ordinances are not adopted. By taking the recommended actions,
the City can create greater clarity for the public, potential applicants, decision-makers (ARB,
PTC, Council), and for staff.
Through the adoption of the urgency and interim ordinances for SB 9, the City can promulgate
rules for applications and adopt objective design standards. These standards can preserve some
of Palo Alto’s local control.
Lastly, updating the demolition and deconstruction portion of Chapter 18 to align with the
Public Works code will create consistency in the Municipal Code.
Stakeholder Outreach
Due to the limited time from law adoption to implementation, robust public engagement has
not occurred on these items. Staff propose that, during 2022, the PTC and ARB engage in robust
public engagement efforts by hosting study sessions, workshops, and hearings while
considering permanent ordinances for SB 9, SB 478, and strengthening local no-net loss
provisions.
Environmental Review
The City Council finds that this Ordinance is statutorily exempt from the requirements of the
California Environmental Quality Act (CEQA) for the following reasons. Under Government Code
Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of
SB 9 shall not be considered a project under CEQA. Additional sections of this ordinance
implementing SB 478 are exempt pursuant to Section 15061 of the State CEQA Guidelines
because they simply reflect pre-emptive state law that will be effective January 1, 2022. As
such, this ordinance does not reflect a change from the status quo and it therefore can be seen
with certainty that there is no possibility that the ordinance will have a significant effect on the
environment.
Attachments:
• Attachment9.a: Attachment E: Legislation Summaries
• Attachment9.b: Attachment D: SB 9 Infographic
• Attachment9.c: Attachment C: SB9 Objective Standards
• Attachment9.d: Attachment A - Interim Urgency Ordinance to Implement SB 9
• Attachment9.e: Attachment B - Interim Ordinance to Implement SB 9 and SB 478
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Legislation Summaries
SB 8 (Skinner) Housing Crisis Act of 2019:
This law makes the following changes:
1) Extends the sunset on the HCA by five years, to January 1, 2030, and provides that until
January 1, 2034, the HCA’s provisions apply to a housing development project that
submits a preliminary application before January 1, 2030.
2) Extends by one year, up to three and a half years, the period during which a local
government may not impose new rules or standards on an affordable housing project, as
defined.
3) Expands on the definition of “housing development project” for the purposes of the HCA
to include both discretionary and ministerial projects, as well as projects to construct
single dwelling units. This extends the HCA’s pre-application process, no-net-loss
provision, and five hearing limit to projects proposing a single dwelling unit. This law also
says that these changes are declaratory of existing law and do not affect the
interpretation of the scope of the Housing Accountability Act, but provides that its
changes do not affect a project for which an application was submitted before January 1,
2022.
4) Clarifies that the receipt of a density bonus is not a basis for finding a project out of
compliance with local zoning rules.
5) Defines, for the purposes of the requirement to up-zone concurrently with a downzone,
“concurrently” to mean at the same meeting, or within 180 days of the downzoning if the
downzoning was requested by an applicant for a housing development project
and refines the provisions governing what a downzone means to include any other action
that would reduce the site’s residential development capacity in effect at the time of the
proposed change.
6) Clarifies that appeals and public meetings related to density bonus law are counted for
the purposes of the five-hearing limit in the HCA and includes technical changes to the
limitation on a local government’s ability to reduce the intensity of land use in its
jurisdiction.
7) Provides, regarding the HCA's demolition and replacement provisions, that:
a. The replacement requirements must be followed, despite local density
requirements that may be in conflict;
b. Any existing occupants that are required to leave their units must be allowed to
return at their prior rental rate if the demolition does not proceed and the
property is returned to the rental market;
c. Relocation and right-of-first-refusal requirements no longer apply to occupants of
any protected units that are moderate-income or high-income households; and
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d. The right of first refusal provided to occupants of protected units would not apply
in the following circumstances:
i. In a development project that consists of a single residential unit
located on a site where a single protected unit is being demolished.
ii. In units in a housing development in which 100% of the units, exclusive
of a manager's unit or units, are reserved for lower income households,
and the existing residents of the protected unit would be precluded
from occupying the new units based on requirements of one or more
funding source of the housing development.
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SB 9 (Atkins) Housing Development
This law:
1) Requires a city to ministerially approve either or both of the following, as specified:
a. A housing development of two units in a single-family zone.
b. The subdivision of a parcel zoned for residential use, into two approximately equal
parcels (lot split), as specified.
2) Requires that a development or parcel to be subdivided must be located within an
urbanized area or urban cluster and prohibits it from being located on any of the
following:
a. Prime farmland or farmland of statewide importance;
b. Wetlands;
c. Land within the very high fire hazard severity zone, unless the development
complies with state mitigation requirements;
d. A hazardous waste site;
e. An earthquake fault zone;
f. Land within the 100-year floodplain or a floodway;
g. Land identified for conservation under a natural community conservation plan, or
lands under conservation easement;
h. Habitat for protected species; or
i. A site located within a historic or landmark district, or a site that has a historic
property or landmark under state or local law, as specified.
3) Prohibits demolition or alteration of an existing unit of rent-restricted housing, housing
that has been the subject of an Ellis Act eviction within the past 15 years, or that has been
occupied by a tenant in the last three years.
4) Prohibits demolition of more than 25% of the exterior walls of an existing structure unless
the local ordinance allows greater demolition or if the site has not been occupied by a
tenant in the last three years.
5) Authorizes a city to impose objective zoning, subdivision, and design review standards
that do not conflict with this law, except:
a. A city shall not impose objective standards that would physically preclude the
construction of up to two units or that would physically preclude either of the two
units from being at least 800 square feet in floor area. A city may, however,
require a setback of up to four feet from the side and rear lot lines.
b. A city shall not require a setback for an existing structure or a structure
constructed in the same location and to the same dimensions as the existing
structure.
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6) Prohibits a city from requiring more than one parking space per unit for either a proposed
duplex or a proposed lot split. Prohibits a city from imposing any parking requirements if
the parcel is located within one-half mile walking distance of either a high-quality transit
corridor or a major transit stop, or if there is a car share vehicle located within one block
of the parcel.
7) Authorizes a local agency to deny a housing project otherwise authorized by this law if
the building official makes a written finding based upon the preponderance of the
evidence that the housing development project would have a specific, adverse impact
upon health and safety or the physical environment and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
8) Requires a city to prohibit rentals of less than 30 days.
9) Prohibits a city from rejecting an application solely because it proposes adjacent or
connected structures, provided the structures meet building code safety standards and
are sufficient to allow separate conveyance.
10) Provides that a city shall not be required to permit an accessory dwelling unit (ADU) or
junior accessory dwelling unit (JADU) when a property owner utilizes both the urban lot
split and the two-unit provisions of the law.
11) Requires a city to include the number of units constructed and the number of applications
for lot splits under this law, in its annual progress report (APR).
12) Requires a city to ministerially approve a parcel map for a lot split only if the local agency
determines that the parcel map for the urban lot split meets the following requirements,
in addition to the requirements for eligible parcels that apply to both duplex and lot splits:
a. The parcel map subdivides an existing parcel to create no more than two new
parcels of approximately equal size, provided that one parcel shall not be smaller
than 40% of the lot area of the original parcel.
b. Both newly created parcels are at least 1,200 square feet, unless the city adopts a
small minimum lot size by ordinance.
c. The parcel does not contain rent-restricted housing, housing where an owner has
exercised their rights under the Ellis Act within the past 15 years or has been
occupied by tenants in the past three years.
d. The parcel has not been established through prior exercise of an urban lot split.
e. Neither the owner of the parcel, or any person acting in concert with the owner,
has previously subdivided an adjacent parcel using an urban lot split.
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13) Requires a city to approve a lot split if it conforms to all applicable objective requirements
of the Subdivision Map Act not except as otherwise expressly provided in this law.
Prohibits a city from imposing regulations that require dedicated rights-of-way or the
construction of offsite improvements for the parcels being created, as a condition of
approval.
14) Authorizes a city to impose objective zoning standards, objective subdivision standards,
and objective design review standards that do not conflict with this law. A city may,
however, require easements or that the parcel have access to, provide access to, or adjoin
the public right-of-way.
15) Provides that a local government shall not be required to permit more than two units on
a parcel.
16) Prohibits a city from requiring, as a condition for ministerial approval of a lot split, the
correction of nonconforming zoning conditions.
17) Requires a local government to require an applicant for an urban lot split to sign an
affidavit stating that the applicant intends to occupy one of the housing units as their
principal residence for a minimum of three years from the date of the approval of lot split,
unless the applicant is a community land trust, as defined, or a qualified nonprofit
corporation, as defined.
18) Provides that no additional owner occupancy standards may be imposed other than those
contained within 17) above, and that requirement expires after five years.
19) Allows a city to adopt an ordinance to implement the urban lot split requirements and
duplex provisions and provides that those ordinances are not a project under California
Environmental Quality Act (CEQA).
20) Allows a city to extend the life of subdivision maps by one year, up to a total of four years.
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SB 10 (Wiener) Housing Development/Density
This law:
1) Authorizes a city to pass an ordinance, notwithstanding any local restrictions on zoning
ordinances that limit the legislative body’s ability to adopt zoning ordinances, to zone any
parcel for up to 10 units of residential density, at a height specified by the ordinance, if
the parcel is located in a transit-rich area or an urban infill site (see below for definitions).
2) Specifies that neither an ordinance adopted consistent with (1) above, nor any
resolution ordinance or any other local regulation adopted to amend the jurisdiction’s
general plan to be consistent with that ordinance, is a project for purposes of California
Environmental Quality Act (CEQA).
3) Requires a local agency that adopts an ordinance pursuant to this law to do all the
following:
a. Include a declaration that the zoning is adopted pursuant to this law.
b. The zoning ordinance shall clearly demarcate the areas that are zoned.
c. Make a finding that the increased density is consistent with the city’s obligation
to affirmatively further fair housing.
d. If the ordinance supersedes any zoning restriction established by a local
initiative, the ordinance shall only take effect if adopted by a 2/3 vote of the
members of the legislative body.
4) Prohibits, notwithstanding any other law permitting ministerial or by right approval of a
development project, or any other CEQA exemption, a project of more than 10 units from
receiving ministerial or by right approval if it uses the provisions of this law.
a. The creation of up to two accessory dwelling units (ADUs) or junior accessory
dwelling units (JADUs) shall not count towards the total number of units when
determining whether the project may be approved ministerially or by right under
(4) above.
b. A project may not be divided into smaller projects in order to exclude the project
from the prohibition under (4).
5) Defines “transit-rich area” as a parcel within one-half mile of a major transit stop, or a
parcel on a high-quality bus corridor. Defines “high-quality bus corridor” as a corridor
with a fixed-route bus service that meets specified service interval times.
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6) Defines “urban infill site” as a site that satisfies all the following:
a. A site that is a legal parcel or parcels located in a city if the city boundaries include
some portion of either an urbanized area or urban cluster or for unincorporated
areas, a legal parcel or parcels wholly within the boundaries of an urbanized area
or urban cluster.
b. A site in which at least 75% of the perimeter adjoins parcels that are developed
with urban uses. Parcels that are only separated by a street or highway shall be
considered to be adjoined.
c. A site that is zoned for residential use or residential mixed-use, or has a general
plan designation that allows residential use or a mix of residential and non-
residential uses, with at least two-thirds of the square footage of the development
designated for residential use.
7) Excludes parcels located in either of the following:
a. A high or very high fire hazard severity zone, except for sites that have adopted
fire hazard mitigation measures pursuant to existing building standards or state
fire mitigation measures applicable to the development.
b. A local restriction enacted or approved by a local initiative that designates
publicly owned land as open space or for park or recreational purposes.
8) Prohibits a local government from subsequently reducing the density of any parcels
subject to an ordinance adopted pursuant to this law.
9) Provides that this law shall not apply to a project located on a parcel or parcels that are
zoned pursuant to an ordinance adopted under this law, then subsequently rezoned
without regard to this law, as specified.
10) Prohibits an ordinance adopted pursuant to this law from reducing the density of any
parcel subject to the ordinance.
11) Includes a sunset of January 1, 2029, and authorizes an ordinance adopted pursuant to
this law to extend beyond January 1, 2029.
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Legislation Summaries
SB 478 (Wiener): Planning and Zoning Law: Housing Development
This law:
1) Prohibits a local government from doing the following:
a) For a housing development project consisting of three to seven units, impose a
floor area ratio (FAR) standard that is less than 1.0.
b) For a housing development project consisting of eight to 10 units, impose a FAR
standard that is less than 1.25.
c) Deny a housing development project located on an existing legal parcel solely on
the basis that the lot area of the proposed lot does not meet the local agency’s
requirements for minimum lot size.
2) Requires, to be eligible for the minimum FAR standards above, the housing development
project to meet all the following conditions:
a) The project contains at least three but no more than 10 units.
b) The project is in a multifamily residential zone or a mixed-use zone, and is not
located in either of the following:
i) Within a single-family zone.
ii) Within a historic district or property included in the State Historic
Resources Inventory or within a site that is designated or listed as a city or
county landmark or historic property or district pursuant to a city or county
ordinance.
c) The project is located on a legal parcel or parcels in a city if, and only if, the city
boundaries include some portion of either an urbanized area or urban cluster, or,
for unincorporated areas, a legal parcel or parcels wholly within the boundaries of
an urbanized area or urban cluster.
3) Provides that this law shall not be construed to prohibit a local agency from imposing any
zoning or design standards other than zoning or design standards that conflict with those
in 1) above.
4) Prohibits a local government from imposing a lot coverage requirement that
would physically preclude a housing development that meets the requirements
established in 2) above from achieving FAR ratios allowed in 1) above.
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Legislation Summaries
5) Requires the Department of Housing & Community Development (HCD) to notify a local
government and may notify the state Attorney General if the local government is in
violation of the requirements in this law.
6) Declares void and unenforceable any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting the transfer or sale of
any interest in a planned development, and any provision of governing document of a
homeowner’s association, if it effectively prohibits or unreasonably restricts an eligible
housing development project from using the FAR standards under the law.
7) Provides that it does not apply to reasonable restrictions on a housing development
project that do not make the FAR standards in this law infeasible.
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C2
Senate Bill 9 (SB 9) is a new California State Law taking effect January 1, 2022.
SENATE BILL 9 (SB 9): AN OVERVIEW
WHAT IT IS AND HOW IT IMPACTS RESIDENTIAL LAND USE
Similar to previous state legislation on Accessory Dwelling Units (ADUs), SB 9
overrides existing density limits in single-family zones. SB 9 is intended to
support increased supply of starter, middle-class homes by encouraging
building of smaller houses on small lots.
SB 9 WAIVES DISCRETIONARY REVIEW AND PUBLIC HEARINGS FOR:
BUILDING TWO HOMES
on a parcel in a single-family zone
SUBDIVIDING A LOT INTO TWO
that can be smaller than required min. size
Used together, this allows
where 1 was allowed before
4 HOMES
SB 9 CAN BE USED TO: Add new homes to existing parcel • Divide existing house into multiple units • Divide parcel and add homes
WHAT IT CAN MEAN FOR RESIDENTIAL DEVELOPMENT
Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for informational purposes only.
VACANT LOT LOT WITH SINGLE-FAMILY HOME LOT WITH NONCONFORMING DUPLEX LOT WITH SINGLE-FAMILY HOME AND AN ADU
USING SB 9 WITHOUT A LOT SPLIT:
• Without a lot split, SB 9 does not limit the number
of ADUs or JADUs (B2, D2) – but other laws might.
• SB 9 could be interpreted to allow 2 new units
beyond an existing unit (for a total of 3 units/lot).
USING SB 9 WITH A LOT SPLIT:
• SB 9 does not require jurisdictions to approve more
than 4 units total, including any ADUs/JADUs.
A1
BE
F
O
R
E
B1 C1 D1
No units One unit Up to 2 units
(nonconforming)
1 unit
+ 1 ADU/JADU
AD
D
U
N
I
T
S
,
NO
L
O
T
S
P
L
I
T
A2 B2 D2
Up to 2 units
+ 2 ADUs/JADUs
Up to 2 units
+ 2 ADUs/JADUs
No additional units Can add 1 addtl. unit
+ 1 ADU/JADU
A3 B3 C3 D3
AD
D
U
N
I
T
S
AN
D
L
O
T
S
P
L
I
T
Up to 4 total units Up to 4 total units Up to 4 total units Up to 4 total units
SINGLE-UNIT DEVELOPMENTS
SB 9 can be used to develop single
units – but projects must comply
with all SB 9 requirements.
THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR OPINIONS REGARDING SPECIFIC FACTS. FOR MORE INFORMATION ABOUT SB 9, PLEASE CONTACT YOUR OWN LEGAL COUNSEL.
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Addtl. qualifications for
LOT SPLITS
Lot is split roughly in half
– smaller lot is at least
40% of the original lot4
Each new lot is at least
1,200ft2 5, 6
Lot is not adjacent to
another lot split by SB
9 by the same owner or
“any ptwerson acting in
concert with the owner”
Lot was not created by a
previous SB 9 split7
Addtl. qualifications for
2-UNIT DEVELOPMENTS
Project does not remove
more than 25% of exterior
walls on a building that
currently has a tenant or
has had a tenant in the last
3 yrs even if the rental unit
itself isn’t altered
DOES THE PROPERTY QUALIFY?
2-UNIT DEVELOPMENTS AND LOT SPLITS
Single-family lot (usually R-1)
Located in an Urbanized Area or Urban Cluster1
Not in state/local historic district, not a historic landmark
Meets requirements of SB35 subparagraphs (a)(6)(B)-(K)2:
PROPERTY CANNOT BE:
Prime farmland or farmland of statewide importance (B)
Wetlands (C)
Identified for conservation or under conservation
easement (I+K)
Habitat for protected species (J)
PROPERTY CANNOT BE (UNLESS MEETING SPECIFIED REQUIREMENTS):
Within a very high fire hazard severity zone (D)
A hazardous waste site (E)
Within a delineated earthquake fault zone (F)
Within a 100-year floodplain or floodway (G+H)
Project would not alter nor demolish:
Deed-restricted affordable housing
Rent-controlled housing
Housing on parcels with an Ellis Act eviction in last 15 yrs
Housing occupied by a tenant currently or in last 3 yrs3
1 Defined by the Census Bureau; 2 See Section 65913.4(a)(6) Exclusions for full details
and definitions; 3 Lot can be split first, then new units added to the lot without the
Ellis Act-affected building; 4 Each lot can be smaller than required minimum lot size;
5 This number can be lowered by local ordinance; 6 If minimum size is 1,200ft2, this
requires a 2,400ft2 lot to start with, or 3,000ft2 if a 60/40 split; 7 This does not apply
to previous lot splits taken under usual Map Act procedures
2-
U
N
I
T
D
E
V
S
• Without a lot split, agency
CANNOT use SB 9 to limit
ADUs/JADUs e.g., lot can have 2 primary units + 1 ADU + 1 JADU
• Agency MUST include # of SB 9
units in annual progress report
• For properties with on-site
wastewater treatment,
agency MAY require a
percolation test within last 5
yrs or recertification within
last 10 yrs
LO
T
S
P
L
I
T
S
• Agency MAY approve more
than two units on a new
parcel including ADUs, JADUs,
density bonus units, duplex units
• Project MUST conform to all
relevant objective reqs. of
Subdivision Map Act
• Agency MAY require
easements for provision of
public services and facilities
• Agency MAY require parcels
to have access to, provide
access to, or adjoin public
right of way
• Project MUST be for
residential uses only
• Applicant MUST sign affidavit
stating they intend to live in
one of the units for 3+ yrs10
• Agency MUST include number
of SB 9 lot split applications
in annual progress report
• Agency CANNOT require
right-of-way dedications or
off-site improvements
• Agency CANNOT require
correction of nonconforming
zoning conditions
LIMITATIONS APPLIED
2-UNIT DEVS. AND LOT SPLITS
• HOAs MAY restrict use of SB 9
• Agencies MUST only impose objective8 zoning standards,
subdivision standards, and design standards (they MAY impose a
local ordinance to set these standards)
• These standards MUST NOT preclude 2 units of at least 800ft2
• Projects MUST follow local yard, height, lot coverage, and other
development standards, EXCEPT:
A local agency MAY NOT require rear or side setbacks of more
than 4 ft, and CANNOT require any setback if utilizing an
existing structure or rebuilding a same-dimensional structure
in the same location as an existing structure
• Project MAY be denied if a building official makes a written
finding of specific, adverse impacts on public health or safety
based on inconsistency with objective standards, with no feasible
method to mitigate or avoid impact
• Agency MAY require 1 parking space/unit, unless the project is:
• Within 1/2 mile of “high-quality transit corridor” or “major
transit stop”9
• Within 1 block of a carshare vehicle
• Agency MUST require that units created by SB 9 are not used for
short-term rental (up to 30 days)
• Agency MUST allow proposed adjacent or connected structures
as long as they comply with building codes and are “sufficient to
allow separate conveyance”
8 “Objective” as defined by the Housing Accountability Act; 9 See Sections 21155 and
21064.3 of the Public Resources Code for definitions of these terms; 10 Unless the
applicant is a land trust or qualified non-profit
CEQA Does not apply to 2-unit or lot split approvals or
ordinances implementing 2-unit or lot split provisions
Coastal Act Applies, but no public hearings needed for duplex and lot
split coastal development permits
Housing Crisis Act Local ordinances cannot impose restrictions that
reduce the intensity of land use on housing sites (including total
building envelope, density, etc.)
SB8 SB 9 projects are subject to Permit Streamlining Act deadlines
SB478 Does not apply to single-family zones
Whether to require:
• Septic tank percolation tests
• 1 parking space per unit• 2-UNITS Owner-occupancy• SPLIT Public services/facilities
easements• SPLIT Right-of-way easements
Whether to allow:
• Creation of lots <1,200ft2
• SPLIT >2 units/new lot
Define:
• Objective zoning/subdivision/
design review standards
• “Acting in concert with owner”
• “Sufficient for separate
conveyance”
Create:
• Application forms and checklists
• Recording of deed restrictions
for short-term rentals and
future lot splits
• Owner-occupancy affidavit
RELATIONSHIPS TO OTHER LAWS
KEY DECISIONS FOR AGENCIES TO MAKEDRA
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SB-9 OBJECTIVE DESIGN STANDARDS
(IR GUIDELINES CROSSWALK)
The City’s Individual Review (IR) Program was established in 2001. The associated IR Guidelines were updated in 2005. These are intended to
preserve the character of Palo Alto neighborhoods by implementing requirements relating to streetscape, massing, and privacy. These SB-9
Objective Design Guidelines are based upon these IR Guidelines, and arranged in accordance with the five (5) IR Guidelines as follows:
GUIDELINE ONE: Site Planning: Garage, Driveway, and House
GUIDELINE TWO: Neighborhood Compatibility for Height, Mass, and Scale
GUIDELINE THREE: Resolution of Architectural Form, Massing, and Roof Lines
GUIDELINE FOUR: Visual Character of Street Facing Facades and Entries
GUIDELINE FIVE: Privacy from Second Floor Windows and Decks
Each IR Guideline is further broken down into Key Points. This document converts the existing discretionary Key Points into Objective Standards.
To facilitate implementation of IR Guidelines in Eichler neighborhoods, these Standards reference information from the Eichler Neighborhood
Design Guidelines adopted by Council on April 2, 2018.
Note: An SB-9 objective design standard shall not be applied if: 1) such standard would not enable two units, each having a minimum 800 square
feet or 2) the maximum floor area allowed by the zoning code would not be feasible.
IR Key
Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
1.1 DRIVEWAYS: Minimize
driveway paving
impacts in order to
highlight yards and
pedestrian entryways.
1.1A: DRIVEWAYS: One curb cut and driveway per street frontage. Shared driveways are encouraged but
require an easement to which the City is a third party.
1.1B: DRIVEWAY WIDTH: 18-foot maximum driveway width (inclusive of uncovered parking) within a front or
street side yard setback.
1.1C. PLANTING STRIP: A minimum two-foot wide, landscaped planting strip is required between a driveway
and/or uncovered parking space and an interior lot line.
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IR Key
Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
1.1D WALKWAY SEPARATION: Walkways shall be separated from driveways by a minimum of 4 feet of
landscape planting or extend sideways (that is, perpendicular) from driveway so that no additional parking or
paved turnaround space is created in a front or street side yard beyond that of the maximum allowed driveway
width.
1.1F: DRIVEWAY MATERIALS: Driveway and uncovered parking surfaces that exceed 10 feet in width shall not
have asphalt or grey concrete surfaces. They must have a decorative surface to blend with the landscape such
pavers, brick, or colored concrete.
1.2 GARAGES & CARPORTS:
Locate garages to be
subordinate to and
minimally visible, or
significantly less
prominent, than the
house.
1.2A: GARAGE LOCATION: Attached or detached garages/carports must be located a minimum of 5 feet behind
the forwardmost plane of the front facade or 3 feet behind the forwardmost plane of the street-side façade.
The forwardmost façade plane may be a building wall or porch with posts/columns and must be at least 12
feet wide.
1.2B: GARAGE WIDTH: An attached or detached garage/carport facing the street shall be no more than 30
percent of the total facade width facing that street, except that it may be 12 feet wide in any circumstance.
1.2C: EICHLER TRACT GARAGES: In mapped Eichler Tracts, a garage or carport may be located forward of the
front facade plane of the house so long as the garage or carport is:
(a) no more than 21 feet wide,
(b) has a roof pitch of 3:12 (slope of 3 vertical feet for every 12 horizontal feet) or less, and
(c) has a maximum height of no more than 12 feet above existing grade.
1.2D: DUPLEX PARKING REQUIREMENT: In the case of a duplex, when parking spaces are required, the parking
space for each unit shall be a covered parking space.
1.3 SECOND FLOOR SIZE &
LOCATION: Site
planning (setbacks,
yard areas, etc.) and
footprint configuration
(inclusive of upper
1.3A: SECOND FLOOR SIZE: The maximum floor area above the first-floor level:
(a) shall not exceed 35 percent of total gross floor area on the lot except as noted in subsection (b) or
Standard 1.3B.
(b) shall not exceed 30 percent of the total gross floor area where an abutting lot along a side lot line
has a one-story home or home with no more than 500 square feet of second floor area.
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IR Key
Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
floor location/area)
shall fit existing
neighborhood patterns
and take cues from
adjacent lot conditions
(see guideline
examples).
1.3B: EICHLER TRACT SECOND FLOOR SIZE: Where a property is in a mapped Eichler Tract, and not in a single-
story overlay zone, the maximum floor area of the second floor shall not exceed 25 percent of the total gross
floor area on the lot.
1.3C: FRONT SETBACK Where the contextual front yard setback does not apply, the front setback shall be no
less than the average front setback of the homes on lots to either side of the subject lot. (Note: In all cases,
the zoning minimum front setback or special setback would still apply.)
1.3D: SECOND FLOOR STEPBACKS: Second floor area shall not be permitted within the standard side or rear
setbacks of the underlying single family zoning district.
1.3E. SECOND FLOOR AREA ON FLAG LOTS AND SUBSTANDARD LOTS: On flag lots (or similar lots without street
frontage) and/or substandard lots, if the maximum allowed total floor area is greater than 70 percent of the
buildable lot area, floor area may be placed on a second level. The maximum second floor area allowed shall
be the area in excess of 70 percent of the buildable lot area or 300 square feet, whichever is greater.
1.4 LANDSCAPE
SCREENING:
Landscaped open space
along interior lot lines
between homes.
1.4A: SCREENING LANDSCAPE: Plant screening trees with a species having a typical mature height of at least
25 feet, and mature canopy width of 15 feet at a quantity of at least one per 25 linear feet along each interior
lot line. Existing trees to be retained that are at least 25 feet tall and 15 feet wide may substitute for required
planting on a one-to-one ratio. Three closely spaced tall screening shrubs with a mature height of at least 20
feet and mature width of at least 5 feet may be substituted for one screening tree.
1.4B: PLANTING TYPE AND SIZE: Screening trees and shrubs shall be specified by botanical name with at least
50 percent of screening trees and shrubs being evergreen. Screening trees shall be specified and planted at
24-inch box size or larger and 8 feet height or taller. Screening shrubs shall be specified and planted at 15-
gallon size or larger and 8 feet or taller.
1.4C: PLANTING ADJACENT PUE’S: Where an easement such as a PUE exist along an interior lot line, trees are
required to be planted on the same side of the easement as the building, but not within the easement.
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IR Key
Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
1.5 STEP BACKS NEXT TO
SINGLE-STORY HOMES:
Locate an upper floor
well back from the
front façade and/or
away from side lot lines
if the home is adjacent
to small or single-story
homes (see guideline
examples).
1.5A: CONTEXTUAL FRONT MASSING STEPBACK: Where a home on an abutting lot across a side lot line is
single-story or has a second-floor area less than 500 square feet, a proposed structure shall have a one-story
building volume at least 15-foot wide and 15-foot deep at the front side of the house set forward of any
second-floor street facing wall plane.
1.5B: CONTEXTUAL SIDE MASSING STEPBACK: Where a home on an abutting lot across a side lot line is single-
story or has a second-floor area less than 500 square feet, each proposed structure located within 20 feet of
the side lot line shall step back the upper floor from the lower floor along that side of the structure at least 7
feet for at least 50 percent of the depth of the structure.
1.5C: SIDE DAYLIGHT PLANE CLEARANCE: Where a home on an abutting lot across a side lot line is single-story
or has a second-floor area no more than 500 square feet, the proposed structure(s) shall maintain at least 2
feet clearance from the second-floor roof edge or wall parapet to the side daylight plane as measured
perpendicularly to the side daylight plane.
1.5D: EICHLER TRACT SIDE DAYLIGHT PLANE CLEARANCE: In mapped Eichler Tracts the clearance from any roof
edge to the side daylight plane as measured perpendicularly from the daylight plane shall be at least 4 feet.
1.6 GARAGE PLACEMENT:
Avoid placing a second
story such that it would
emphasize the garage.
See Standard 1.2A
2.1 BUILDING
HEIGHT/MASS:
Avoiding overwhelming
adjacent single-story
homes with large
masses, monumental
forms, and sharp
contrasts in height.
Incorporate lower
height and profile and
2.1A: UPPER FLOOR FRONT FAÇADE AREA: Where an abutting lot across a side lot line has a single-story home
or home with no more than 500 square feet on the second floor, the front facade's visible wall area on the
upper floor shall be no greater than 50 percent of the front facade's visible wall area on the first floor. Wall
area includes the area defined by porches, windows, and wall surfaces under gables. On corner lots, the front
facade shall be the facade at the shorter frontage.
2.1B: ROOF HEIGHT FOR VARIED ROOF PITCHES: Roof height shall be limited to 27 feet for roofs with pitches
9:12 or greater, 25 feet for roofs with pitches 3:12, up to 9:12, and 22 feet for roofs with pitches less than
3:12. Properties in flood zones shall be permitted to increase building height by one-half foot for each foot
that the base flood elevation exceeds existing grade.
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Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
place more area on
lower floor.
2.1C: EICHLER TRACT ROOF HEIGHTS: In mapped Eichler Tracts the maximum roof height shall not exceed 22
feet, as measured from existing grade to the roof surface for a pitched roof, or 20 feet for a flat roof surface
or parapet. Properties in flood zones shall be permitted to increase building height by one-half foot for each
foot that the base flood elevation exceeds existing grade.
2.2 MASS REDUCTION:
Managing mass and
scale from high floor
levels, tall wall planes
and boxy forms.
2.2A: FIRST FLOOR LEVEL: The finished first floor level shall not be more than 18 inches above existing grade.
In Eichler Tracts, the finished first floor level shall not be more than 12 inches above existing grade. In a flood
zone, the first-floor level may be set at the minimum allowed above grade to meet code requirements. For a
lot removed from the flood zone due to on-site grading, the measurement shall be taken from revised grade.
2.2B: FLOOR-TO-FLOOR HEIGHT: The height from the first finished floor to the second finished floor shall not
exceed 10'-6”.
2.2C: SECOND FLOOR WALL PLATE HEIGHT: The wall plate height (i.e., interior wall height at exterior wall) on
the second floor shall not exceed 9 feet for roofs with pitches 3:12 or lower; 8'-6" for roofs with pitches greater
than 3:12 up to 9:12; and 8 feet for roofs with pitches 9:12 or greater.
2.2D: PARAPET HEIGHT: Parapets shall not exceed 1 foot above the roof surface over second floor roofs.
2.3 ROOF EDGE HEIGHT
CONTRAST TO
NEIGHBOR: Limiting
height contrast of
adjacent roofs,
including single story
roof edges.
2.3A: CONTEXTUAL FIRST FLOOR EAVE HEIGHT: The height of the first floor's street facing roof edges (i.e.,
eaves or parapets) shall not exceed 18 inches above the average height of the first-floor eave or parapet of
the homes on the abutting lots at side lot lines as measured at those homes' eaves nearest the subject lot.
This first-floor roof edge height limit shall also extend 15 feet back from the building corner. This standard
shall be 24 inches within a flood zone if either of the abutting homes’ first-floor level does not meet current
flood zone regulations. This standard applies to the eave side of pitch roof forms and not the rake side such as
at a gable.
2.3B: CONTEXTUAL SECOND FLOOR EAVE HEIGHT: The height of the upper floor's street facing roof edge (eave
or parapet) shall not exceed 18 inches above either:
(a) the average height of the upper floor street facing eave or roof edge of homes to each side, or
(b) in the case of only one home having a second floor, the height of that home's eaves.
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Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
2.4 FLOOR AREA WITHIN
ROOF VOLUME: Place
2nd story floor area
within the first-floor
roof's volume to
mitigate height, mass,
and scale.
See Standard 1.3
2.5 MASSING PLACEMENT:
Locate smaller volumes
in front of large
volumes and use roof
pitches and forms to
manage perceived
height.
2.5A: SINGLE-STORY BUILDING FORMS: At least one single-story building form (excluding garages) with
dimensions no greater than 16 feet in height, no less than 8 feet in depth, and no less than 12 feet in width
shall be placed on each street facing building side. Location shall be either:
(a) fully forward of the second floor's wall face, or
(b) partially forward or aligned with the second floor's wall face if the one-story form is at a building
corner.
2.5B: Within mapped Eichler Tracts, garages may serve as the form in Standard 2.5A, and no roof pitch shall
exceed 3:12. (See Standard 3.2C).
2.6 WALL HEIGHT/ATTIC
SPACE: Avoiding tall
wall heights and large
unused attic spaces.
2.6A: ATTIC HEIGHT: Unused attic spaces shall not exceed 5 feet in height.
2.6B: EXTERIOR WALL HEIGHT: No exterior wall shall exceed 22 feet in height as measured from existing grade
to the eave or parapet. Portions of walls under rakes such as at gables or shed roof forms may exceed this
height.
3.1 GARAGE AND ENTRY
HEIGHT & MASS: The
building's massing and
roof forms should
reduce mass and
resolve building form
with garage and entry
forms subordinate in
3.1A: GARAGE HEIGHT AND MASS: Maximum height of a roof over an attached garage shall not exceed 15 feet
in height as measure from existing grade. The maximum garage wall plate height shall not exceed 10 feet.
3.1B: ENTRY HEIGHT: Exterior entry forms shall not exceed 12 feet in height as measured from existing grade.
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Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
scale to the principal
building forms.
3.2 CONSISTENT ROOF
FORMS & PITCHES: Use
consistent forms, roof
pitches, and overhangs
that are also based on
a recognizable
architectural style.
3.2A: ROOF FORM VARIATION: No more than two types of roof forms shall be used (examples of two forms
are hip and gable roofs or shed and flat roofs).
3.2B: ROOF PITCH VARIATION: No more than two roof pitches shall be used (e.g., 4:12 and 12:12; 6:12 and
flat).
3.2C: ROOFLINES IN EICHLER TRACTS: In mapped Eichler Tracts rooflines shall meet the following:
(a) roof pitches no more than 3:12,
(b) gable, shed, butterfly or flat roof forms (note: hip roofs with flat roofs at eaves permitted; see
Illustration 1D of the IR guidelines for example), and
(c) 2-foot minimum overhangs at eave and rake sides of roof forms for at least 50 percent of roof
edges.
3.3 ROOF FORMS:
Organized roof
geometry with well-
spaced primary and
secondary forms and
integrated roof forms
on additions.
3.3A: INCOMPLETE ROOF FORMS: Truncated hip and gable roof forms shall not be permitted at second floor
roofs on two-story structures or roofs at single story structures.
Note: A truncated roof form is where the roof planes do not extend to a ridgeline; rather they terminate with
a flat roof or roof well.
3.4 UNCLUTTERED
MASSING: Avoid
cluttered massing by
using a few simple,
well- proportioned
forms.
3.4A: GABLE ROOF FORMS: No more than three gable forms on an elevation facing a public street.
3.4B: BAY WINDOWS: No more than two bay windows on an elevation facing a public street.
3.5 ROOF PITCH NEXT TO
1-STORY HOMES: Use
roof layout, ridge
orientation, roof pitch,
3.5A: CONTEXTUAL ROOF PITCH: On properties adjacent to single story homes along either interior side lot
line, roof pitches on new two-story buildings shall be 6:12 or lower.
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IR Key
Point
IR Guideline Concept/
Key Point
SB-9 Objective Design Standards
eave height offsets and
extensions, and
horizontal roof lines to
reduce mass and
enhance form.
4.1 FAÇADE FOCAL POINTS:
Facades should have
unified visual character
with architectural focal
points (other than a
garage) on each street
side. Corner lot
elevations should be
equally well designed
on both facades.
4.1A: FAÇADE VISUAL FOCAL POINT: Each street facing building elevation shall have a significant visual focal
point, defined as either:
(a) at least 50 square feet of glazing in a large window, multi-panel window or glazed door, or bay
window form, or
(b) a roofed or trellised porch at least 6 feet deep and 8 feet wide and no more than 12 feet tall.
4.2 FAÇADE COMPOSITON:
Façades should be
composed with
attention to line,
order/alignment of
openings, proportion of
windows and forms,
hierarchy and spacing
of focal points.
4.2A: WINDOW ALIGNMENT: Windows on two-story wall planes that face a street shall be aligned vertically
unless there is a change in exterior materials from the lower floor to the upper floor.
4.2B: FAÇADE ELEMENT SPACING: Focal points such as porches, large/featured windows, and bay windows
shall be spaced at least 5 feet horizontally apart from each other when placed on the same level/floor.
4.3 MATERIALS &
DETAILING:
Architectural
character/interest and
supportive use
architectural detailing
and materials.
4.3A: WINDOW TO WALL DETAILING: Window frames shall be recessed at least 2 inches from the exterior wall
face or have trim at least 3.5 inches wide on all four window sides. Stucco over foam shall not be used as
window trim.
4.3B: WINDOW PATTERNS: Window fenestration with divided lite appearance shall have exterior applied
muntin bars (i.e., true or simulated divided lites).
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4.3C: STUCCO TEXTURE: When stucco is used it shall be steel-troweled ‘Smooth’ or ‘Santa Barbara’ texture as
described in the Technical Services Information Bureau, Chapter 5 - Plaster Textures & Acrylic Finishes (2011).
For additions, stucco texture on the addition shall be allowed to match the stucco texture of the existing house.
4.3D: EXTERIOR MATERIALS IN EICHLER TRACTS: In mapped Eichler Tracts, exterior wall cladding shall be
vertical board channel or flush siding, wood tongue and groove board siding, wood nickel-gap siding, smooth
fiber cement panels, or metal panels. Board-form concrete, concrete block, or stucco may be used as a
secondary material but collectively these materials shall not account for more than 30 percent of all non-
glazed wall surfaces.
4.4 ENTRY TYPES: Avoid
monumental or over-
scaled entries that
stand out on the house
do not meet the
prevalent pattern of
entry scale or entry
type such as porch or
courtyard in the
neighborhood.
4.4A: CONTEXTUAL PORCH ENTRIES: If porches (i.e. roofed, street-facing porches with posts/column(s) and
more than 3 feet deep), occur on at least 50 percent of homes on the block of the subject lot (counting only
homes on the subject lot side of the street), the proposed house shall include a street-facing porch no less
than 6 feet deep and 8 feet wide.
4.4B: ENTRIES IN EICHLER TRACTS: In mapped Eichler Tracts an entry porch projecting forward of the front
wall of the house shall not be used. A recessed void at the facade or a courtyard entry may be used in lieu of
a porch. A covered trellis used as a colonnade or a side porch that does not project forward of the facade at
the entry would not be considered an entry porch.
4.5 GARAGE DOORS:
Garage door design
should reflect the
building architecture
and the garage and
garage door openings
and panels modest
scale relative to the
rest of the facade.
4.5A: GARAGE DOOR DESIGN AND MATERIALS: The garage door shall match the material, color, and panel
design pattern of the entry door or window fenestration.
4.5B: GARAGE DOOR SIZE: The maximum garage door width shall be 16 feet and the maximum garage door
height shall be 8 feet. If two single-wide garage doors are used instead of one double-wide door, each door's
maximum width shall be 9 feet and maximum height 8 feet.
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5.1 PRIVACY CONDITIONS:
Map existing and
proposed privacy
conditions.
5.1A: PRIVACY DIAGRAM: Site Privacy Diagram must show the proposed second-floor plan including windows,
major on-site vegetation, and all elements on the neighboring property within 25 feet of the subject property
line. For adjacent sites show major vegetation, building footprints, windows (indicate size and location), and
patios within 25 feet of the property lines shall be provided in the project plan set.
5.2 WINDOW
LOCATION/PRIVACY
TREATMENT: Locate
windows to reduce
privacy impacts and
mitigate impacts
elsewhere.
5.2A: BEDROOM WINDOW LOCATION: Organize the second-floor plan so at least one bedroom has its
largest/egress window facing the front lot line. On corner lots, at least one bedroom’s largest/egress window
shall also face the street side lot line.
5.2B: SECOND FLOOR WINDOW PRIVACY: For any window on an upper floor, facing an interior lot line that is
located less than 20 feet from a side lot line or less than 30 feet from a rear lot line, one of the following shall
be used:
(a) permanent obscure glazing, or
(b) exterior mounted permanent architectural privacy screens that block views more than 70%, or
(c) windows with sills above 5 feet from the finished floor level.
5.2C: STAIR WINDOW PRIVACY: Stair windows facing interior side lot lines within 20 feet of the lot line shall
have permanent obscure glazing or exterior mounted permanent architectural privacy screens to at least 5
feet above the landing.
5.2D: PRIVACY LANDSCAPE: Privacy screening landscape shall be located to align with proposed second floor
windows across side and rear lot lines and between windows at facing units on a single property. Privacy
screening landscape shall be evergreen and per size and planting standards shown in Standard 1.4.
5.3 WINDOW SIZE AND
OPERATION: Limiting
impacts through the
size and operation
(window type) of
operable windows.
5.3A: SECOND FLOOR WINDOW SIZE ALONG SIDE LOT LINES: Any upper-level window or window grouping
located less than 20 feet from a side interior lot line (measured perpendicularly) shall not have more than 30
square feet of glazing.
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5.3B: SECOND FLOOR OPERABLE WINDOWS ALONG SIDE LOT LINES: Operable casement windows on the upper
level with a sill height less than 5 feet above the finished floor and within 20 feet of an interior side lot line
shall be hinged so the windows open towards the public street. Horizontal sliding windows shall not be
permitted facing and within 20 feet of an interior side lot line, unless the windowsill height is at least 5 feet
above the finish floor level.
5.4 UPPER LEVEL DECKS &
BALCONIES: Only
permitted where they
would have minimum
privacy loss to side or
rear facing properties
under IR guidelines.
5.4A: SECOND FLOOR BALCONY LIMITATIONS: No more than one second floor deck/balcony shall be permitted
per dwelling and shall:
(a) only be permitted on a street facing facade,
(b) be located at least 20 feet from any interior side lot line, and
(c) be limited in size to no more than 40 square feet.
5.4B: ROOF DECK NOT PERMITTED: A roof deck (i.e., a deck above of the first level of a single-story building or
second level of a two-story building) shall not be permitted.
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Ordinance No. ______
Interim Urgency Ordinance of the Council of the City of Palo Alto Modifying
Chapters 18.10 (Low-Density Residential, RE, R-2, and RMD Districts), 18.12 (R-1
Single-Family Residential District), 18.40 (General Standards and Exceptions), and
18.42 (Standard for Special Uses) of Title 18 (Zoning) and Adding Chapter 21.10
(Parcel Maps for Urban Lot Splits) of the Palo Alto Municipal Code to Implement
Recent State Housing Bills
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 16, 2021, Governor Newsom signed into law Senate Bill 9 (SB 9), which
requires, among other things, that local agencies ministerially approve both two-unit
construction and urban lot splits on single-family zoned lots.
B. SB 9 authorizes the creation of lots as small as 1,200 square feet, and requires approval
of two residential units of at least 800 square feet (for a total of 1,600 square feet) each
on such lots. This represents a significant departure from existing minimum lot sizes
and development standards in Palo Alto’s single-family zones.
C. The increased density and intensity of development authorized by SB 9 has the potential
to negatively impact privacy, access for emergency vehicles, and aesthetics of
residential neighborhoods. In addition, the ministerial review required by SB 9 could
result in the unintentional loss of historic resources in Palo Alto’s single family zones.
D. SB 9 authorizes local jurisdictions to apply objective zoning standards, objective
subdivision standards, and objective design standards, subject to certain limitations in
statute.
E. There is insufficient time for consideration of and recommendation on such objective
standards and related code amendments by the Planning and Transportation
Commission (PTC) prior to action by the City Council. The Council therefore declares
that an interim ordinance, pursuant to Palo Alto Municipal Code (PAMC) Section
18.80.090 is an appropriate measure to adopt standards, pending consideration of a
permanent ordinance by the PTC.
F. The Council declares that this interim, emergency ordinance, which is effective
immediately, is necessary as an emergency measure to preserve the public peace,
health, or safety, by adopting objective standards for the approval of two-unit
development and urban lot splits on single-family zoned lots and related code
amendments prior to SB 9 taking effect on January 1, 2022.
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SECTION 2. Section 18.10.020 (Applicable Regulations) of Chapter 18.10 (Low-Density
Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows (new text underlined and deletions struck-through):
18.10.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.52 to 18.80 inclusive shall apply to all low-density residential
districts. Such regulations shall apply to construction of two units on an RE-zoned lot pursuant
to California Government Code Section 65852.21 (SB 9, 2021), except as modified by Section
18.42.180.
SECTION 3. Section 18.10.030 (Land Uses) of Chapter 18.10 (Low-Density Residential (RE, R-2
and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows (new text underlined and deletions struck-through; omissions are noted with [. . .] for
large sections of unchanged text):
18.10.030 Land Uses
Table 1 shows the permitted and conditionally permitted uses for the low-density residential
districts.
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED LOW-DENSITY RESIDENTIAL USES
[P = Permitted Use -- CUP = Conditional Use Permit Required]
RE R-2 RMD Subject to
Regulations in:
[. . .] [. . .] [. . .] [. . .] [. . .]
RESIDENTIAL USES
Single-Family P P P
Two-Family use, under one ownership P (4) P P
Mobile Homes P P P 18.42.100
Residential Care Homes P P P
[. . .] [. . .] [. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit
Required
Footnotes:
(1) Sale of Agricultural Products: No permanent commercial structures for the sale or
processing of agricultural products are permitted.
(2) Accessory Dwelling Units in R-2 and RMD Zones: An accessory dwelling unit or a Junior
Accessory Dwelling Unit associated with a single-family residence on a lot in the R-2 or RMD
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zones is permitted, subject to the provisions of Section 18.42.040, and such that no more than
two units result on the lot.
(3) Bed and Breakfast Inns: Bed and breakfast inns are limited to no more than 4 units
(including the owner/resident's unit) in the RMD district.
(4) Two Unit Development Pursuant to California Government Code Section 65852.21 (SB 9,
2021): Construction of two units is permitted on an RE-zoned lot, subject to the regulations in
Section 18.42.180.
SECTION 4. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low-Density
Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows (new text underlined and deletions struck-through; omissions are
noted with [. . .] for large sections of unchanged text):
18.10.040 Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the low-density residential districts are shown in Table 2:
TABLE 2
LOW-DENSITY RESIDENTIAL DEVELOPMENT STANDARDS R-E (6) R-2 RMD Subject to Regulations
in:
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Minimum Lot Size: Any lot less than the minimum lot size may be used in accordance with
the provisions of Chapter 18.40.
(2) R-2 Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter
16.52, the maximum heights are increased by one-half of the increase in elevation required to
reach base flood elevation, up to a maximum building height of 33 feet.
(3) R-2 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is
entitled to an increase in the maximum height, the heights for the daylight planes shall be
adjusted by the same amount.
(4) Exemption from Floor Area for Covered Parking Required for Two-Family Uses: In the R-2
and RMD districts, for two-family uses, floor area limits may be exceeded by a maximum of two
hundred square feet, for purposes of providing one required covered parking space.
(5) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of maximum
house size. If there is no garage attached to the house, then the square footage of one detached
covered parking space shall be included in the calculation. This provision applies only to single-
family residences, not to duplexes allowed in the R-2 and RMD districts.
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(6) Two Unit Development Pursuant to California Government Code Section 65852.21 (SB 9,
2021): Construction of two units on an RE-zoned lot shall be subject to the development
standards in this Section 18.10.040, except as modified by Section 18.42.180.
[. . .]
SECTION 5. Table 3 (PARKING REQUIREMENTS FOR R-E, R-2 AND RMD USES) of Section
18.10.060 (Parking) of Chapter 18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new text
underlined and deletions struck-through; omissions are noted with [. . .] for large sections of
unchanged text):
[. . .]
TABLE 3
PARKING REQUIREMENTS FOR R-E, R-2 AND RMD USES
Use Minimum Off-Street Parking Requirement
Single-family residential use (excluding
accessory dwelling units)
2 spaces per unit, of which one must be covered.
Two family in the RE district, pursuant to
California Government Code Section
65852.21 (SB 9, 2021)
1 space per unit. No spaces required if located within
one-half mile walking distance of either a high-
quality transit corridor or a major transit stop, or
located within one block of a car share vehicle.
Two family (R2 & RMD districts) 3 spaces total, of which at least two must be covered
Accessory dwelling unit, attached or
detached:
No parking required
Junior accessory dwelling unit No parking required
Other Uses See Chapter 18.40
[. . .]
SECTION 6. Section 18.10.070 (Accessory and Junior Accessory Dwelling Units) of Chapter
18.10 (Low-Density Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows (new text underlined and deletions struck-
through):
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 Chapter 18.09 Section 18.42.040.
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SECTION 7. Section 18.12.020 (Applicable Regulations) of Chapter 18.12 (R-1 Single Family
Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows (new text underlined and deletions struck-through):
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.52 to 18.80 inclusive shall apply to the R-1 district including the R-1
subdistricts. Such regulations shall apply to construction of two units on an R1-zoned lot
pursuant to California Government Code Section 65852.21 (SB 9), except as modified by Section
18.42.180.
SECTION 8. Section 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single Family Residential
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new
text underlined and deletions struck-through; omissions are noted with [. . .] for large sections
of unchanged text):
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single family residential districts are
shown in Table 1:
Table 1
PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES
R-1 and all R-1
Subdistricts
Subject to
Regulations in:
[. . .] [. . .] [. . .]
RESIDENTIAL USES
Single-Family P
Two-Family use, under one ownership P 18.42.180
Mobile Homes P 18.42.100
Residential Care Homes P
[. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit Required
SECTION 9. Section 18.12.040 (Site Development Standards) of Chapter 18.12 (R-1 Single
Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to
read as follows (new text underlined and deletions struck-through; omissions are noted with [. .
.] for large sections of unchanged text):
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18.12.040 Site Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2,
except to the extend such standards may be modified by Section 18.42.180 for two-family uses
pursuant to California Government Code Section 65852.21 (SB 9, 2021):
[. . .]
SECTION 10. Section 18.12.060 (Parking) of Chapter 18.12 (R-1 Single Family Residential
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new
text underlined and deletions struck-through; omissions are noted with [. . .] for large sections
of unchanged text):
18.12.060 Parking
Off-street parking and loading facilities shall be required for all permitted and conditional uses
in accord with Chapters 18.52 and 18.54 of this title. The following parking requirements apply
in the R- 1 districts. These requirements are included for reference purposes only, and in the
event of a conflict between this Section 18.12.060 and any requirement of
Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in the case of parcels
created pursuant to Section 18.10.140(c) (subdivision incentive for historic preservation).
(a) Parking Requirements for Specific Uses
Table 4 shows the minimum off-street automobile parking requirements for specific uses
within the R-1 district.
Table 4
Parking Requirements for Specific R-1 Uses
Use Minimum Off-Street Parking Requirement
Single-family residential use (excluding
accessory dwelling units)
2 spaces per unit, of which one must be
covered.
Two family use pursuant to California
Government Code Section 65852.21 (SB 9,
2021)
1 space per unit. No spaces required if
located within one-half mile walking distance
of either a high-quality transit corridor or a
major transit stop, or located within one
block of a car share vehicle.
Accessory dwelling unit, attached or detached No parking required
Junior accessory dwelling unit No parking required
Other Uses See Chs. 18.52 and 18.54
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[. . .]
SECTION 11. Section 18.12.070 (Accessory and Junior Accessory Dwelling Units) of Chapter
18.12 (R-1 Single Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code
is amended to read as follows (new text underlined and deletions struck-through):
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 Chapter 18.09 Section 18.42.040.
SECTION 12. Section 18.40.160 (Replacement Project or Discretionary Review Required) of
Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows (new text underlined and deletions struck-
through):
18.40.160 Replacement Project or Discretionary Review Required
(a) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and
Utilities), or Title 16 (Building Regulations) shall be issued for demolition or deconstruction of a
single family residence or duplex in the Low-Density Residential District (Chapter 18.10) or
Single Family Residential District (Chapter 18.12), except for deconstruction pursuant to
Section 16.14.130 or where necessary for health and safety purposes (as determined by the
City's Building Official), unless building permit plans for a replacement project have been
approved. This subsection shall also apply to demolition of a single family residence or duplex in
the Multiple Family Residential District (Chapter 18.13) when the replacement project does not
require discretionary review.
(b) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and
Utilities), or Title 16 (Building Regulations) shall be issued for any project requiring discretionary
review under Title 18 or Title 21, unless the application for discretionary review has been
approved.
SECTION 13. Section 18.52.020 (Definitions) of Chapter 18.52 (Parking and Loading
Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows:
18.52.020 Definitions
For purposes of this chapter:
[. . .]
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(h) “Within one block of a car share vehicle” means within 600 feet of a parking space
permanently reserved for use by a car share vehicle.
(h)(i) Definitions for other parking-related terms can be found in Section 18.04.030(a)
(Definitions), including “Parking as a principal use,” “Parking facility,” and “Parking
space.”
SECTION 14. Table 1 (Minimum Off-Street Parking Requirements of Section 18.52.040 (Off-
Street Parking, Loading, and Bicycle Facility Requirements) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read
as follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
[. . .]
Table 1
Minimum Off-Street Parking Requirements
Use Vehicle Parking Requirement (# of spaces)
Bicycle Parking Requirement
Spaces Class 1 Long Term (LT)
and Short Term (ST)
RESIDENTIAL USES
[. . .] [. . .] [. . .] [. . .]
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
(R-1 and RE Districts, pursuant to Section 18.42.180)
At least one space per unit. No
spaces required if the unit is
located within one-half mile
walking distance of either a
high-quality transit corridor or
a major transit stop, as defined
1 space per unit 100% - LT
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in California Public Resources
Code Sections 21155 and
21064.3 respectively, or
located within one block of a
car share vehicle.
[. . .] [. . .] [. . .] [. . .]
[. . .]
SECTION 15. Section 18.42.180 (Interim Standards for Two Units on Single Family Zoned Lots
Pursuant to Senate Bill 9) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of
the Palo Alto Municipal Code is added to read as follows:
18.42.180 Interim Standards for Two Units on Single Family Zoned Lots Pursuant to
Senate Bill 9 (2021).
(a) Purpose. This section sets forth special regulations applicable to the construction of two
dwelling units on single family lots in the R-1 (and R-1 subdistricts) and R-E zone districts,
pursuant to California Government Code Sections 65852.21 and 66411.7 (SB 9, 2021). In the
event of a conflict between the provisions of this section and the generally applicable
regulations of Chapters 18.10, 18.12, and 18.52-18.80, inclusive, the provisions of this section
shall prevail.
(b) Definitions. As used in this section:
(1) “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or
safety or physical environmental standards, policies, or conditions as they
existed on the date the application was deemed complete. Inconsistency with
the zoning ordinance or general plan land use designation shall not constitute a
specific, adverse, impact.
(2) “Sufficient to allow separate conveyance” means the two dwelling units
constitute clearly defined, separate, and independent housekeeping units
without interior access points to the other dwelling unit.
(3) “Two dwelling units” means the development proposes two new units on a
vacant lot or proposes to add one new unit to one existing unit on a lot. This
does not include the development of a single dwelling unit on a vacant lot.
(4) “Unit” means any dwelling unit, including, but not limited to a primary dwelling
unit, an accessory dwelling unit, or a junior accessory dwelling unit.
(c) Applicability. When an application is submitted that includes both (1) the construction
of two dwelling units under this section and (2) other redevelopment work that is not integral
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to creation of a new dwelling unit and would generally require discretionary review, only the
portions required for construction of dwelling units shall be reviewed ministerially. In addition,
this section shall not apply in any of the following circumstances:
(1) Parcels described California Government Code Section 65913.4, subdivisions
(a)(6)(B) through (a)(6)(K) inclusive. Such parcels include, for example, parcels
located in wetlands, in very high fire severity zones (unless the site has adopted
certain fire hazard mitigation measures), and in special flood hazard areas or
regulatory floodways (unless the site meets certain federal requirements for
development).
(2) Parcels on which an owner of residential real property has exercised the owner’s
rights under state law to withdraw accommodations from rent or lease within
the past 15 years.
(3) The development would require alteration or demolition of any of the following
types of housing
(A) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control through a
public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The development would result in the demolition of more than 25 percent of the
existing exterior structural walls of a site that has been occupied by a tenant in
the last three years.
(5) The development is located within a historic district or property included on the
State Historic Resources Inventory, as defined in California Public Resources
Code Section 5020.1, or within a site that is designated or listed on the City’s
historic inventory.
(6) The building official finds that the development would have a specific, adverse
impact on public health and safety or the physical environment that cannot be
feasibly mitigated or avoided.
(d) Application Process.
(1) The Director is authorized to promulgate regulations, forms, and/or checklists
setting forth application requirements for the development of dwelling units
under this section.
(2) The City shall ministerially approve or disapprove an application pursuant to this
section.
(e) Development Standards.
(1) A project proposing two dwelling units on a parcel in the R-1 or RE districts shall
be subject to the development standards set forth in Chapters 18.12 and 18.10,
respectively except as provided herein.
(2) All construction pursuant to this section shall comply with objective design
standards adopted by the City Council. However, an applicant seeking to deviate
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from the objective design standards (except to the extent necessary to construct
a unit of 800 square feet) may elect to submit an application under the base
requirements of Chapters 18.10, or 18.12, including, if applicable, Single Family
Individual Review.
(3) If the application of any development standard or design standard would
necessarily require that one or more proposed units be less than 800 square
feet, such standard shall be relaxed to the minimum extent necessary to allow
construction of a unit or units of at least 800 square feet. The Director may
publish regulations governing the order in which objective standards shall be
waived or relaxed in such circumstances.
(4) Setbacks from side and rear property lines, including street-side property lines,
shall be no less than four feet, except in the case of existing non-complying
structures or structures reconstructed in the same location and to the same
dimensions as an existing structure, in which case existing setbacks less than four
feet may be maintained.
(5) Off-street parking shall be provided pursuant to Chapters 18.52 and 18.54.
(6) In the event that a project is proposed on a site that has been subject to an
Urban Lot Split under Chapter 21.10, and the project would result in three or
more detached units across the two parcels created by the urban lot split, any
new units shall not exceed 800 square feet.
(7) Accessory structures, such as garages and shed are permitted consistent with the
provisions of the zoning district; however, no accessory structure shall have a
floor area exceeding 500 square feet.
(f) General Requirements.
(1) A maximum of two units may be located on any parcel that is created by an
Urban Lot Split under Chapter 21.10. Accessory dwelling units and junior
accessory dwelling units shall not be permitted on any such parcel already
containing two units.
(2) On parcels that are not the result of an Urban Lot Split under Chapter 21.10,
accessory dwelling units may be proposed in addition to the primary dwelling
unit or units, consistent with Chapter 18.09, provided, however, that ADUs
associated with projects proceeding under this Section shall not receive any
exemption from Floor Area Ratio except to the minimum extent required by
California Government Code Section 65852.2.
(3) A rental of any unit created pursuant to this Section shall be for a term longer
than 30 consecutive days.
(4) For residential units connected to an onsite wastewater treatment system, a
percolation test completed within the last 5 years, or, if the percolation test has
been recertified, within the last 10 years.
(5) Each unit shall have a permanent street address.
(6) The owner and all successors in interest in the subject property shall agree to
participate in any City survey of properties that have constructed dwelling units
pursuant to this Section.
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(g) Effective Dates. This section shall remain in effect until such time as Government Code
Section 65852.21 is repealed or superseded or its requirements for ministerial approval of no
more than two units on a single family zoned lot are materially amended, whether by
legislation or initiative, at which time this section shall become null and void.
SECTION 16. Chapter 21.10 (Urban Lot Splits) of Title 21 (Subdivisions and Other Divisions of
land) of the Palo Alto Municipal Code is added to read as follows:
Chapter 21.10
PARCEL MAPS FOR URBAN LOT SPLITS IN SINGLE-FAMILY ZONES
Section 21.10.010 Purpose
Section 21.10.020 Definitions
Section 21.10.030 Applicability
Section 21.10.040 Requirements
Section 21.10.050 Filing of Urban Lot Split Application
Section 21.10.060 Effective dates
Section 21.10.010 Purpose
This chapter sets forth special regulations applicable to the subdivision of a single family lot in
the R-1 district (and R-1 subdistricts) or R-E district into two new lots, pursuant to California
Government Code Section 66411.7 (SB 9, 2021).
Section 21.10.020 Definitions
As used in this chapter:
(a) “Acting in concert” means pursuing a shared goal to split adjacent lots pursuant to an
agreement or understanding, whether formal or informal.
(b) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety or physical
environmental standards, policies, or conditions as they existed on the date the
application was deemed complete. Inconsistency with the zoning ordinance or general
plan land use designation shall not constitute a specific, adverse, impact.
(c) “Unit” means any dwelling unit, including, but not limited to, a unit or units created
pursuant to Section 18.42.180, a primary dwelling unit, an accessory dwelling unit, or a
junior accessory dwelling unit.
(d) “Urban Lot Split” means the subdivision of an existing legal parcel in the R-1 district (and
R-1 subdistricts) or R-E district to create no more than two new parcels of approximately
equal area, pursuant to this Chapter and California Government Code Section 66411.7.
Section 21.10.030 Applicability
The provisions of this chapter shall apply only to lots in the R-1 district (and R-1 subdistricts) or
R-E zone district. An Urban Lot Split is not available in any of the following circumstances:
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(a) A parcel described California Government Code Section 65913.4, subdivisions (a)(6)(B)
through (a)(6)(K) inclusive. Such parcels include, for example, parcels located in
wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard
mitigation measures), and in special flood hazard areas or regulatory floodways (unless
the site meets certain federal requirements for development).
(b) A parcel on which an owner of residential real property has exercised the owner’s rights
under state law to withdraw accommodations from rent or lease within the past 15
years.
(c) A parcel that was created by prior exercise of an Urban Lot Split.
(d) A parcel adjacent to a parcel that was created by prior exercise of an Urban Lot Split by
the owner, or a person acting in concert with the owner of the parcel sought to be split.
(e) The Urban Lot Split would require alteration or demolition of any of the following types
of housing
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(2) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
(f) The Urban Lot Split is located within a historic district or property included on the State
Historic Resources Inventory, as defined in California Public Resources Code Section
5020.1, or within a site that is designated or listed on the City’s historic inventory.
(g) The building official finds that the development would have a specific, adverse impact
on public health and safety or the physical environment that cannot be feasibly
mitigated or avoided.
Section 21.10.040 General Requirements
(a) The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet.
(b) The lots created by an Urban Lot Split must be of approximately equal area, such that no
resulting parcel shall be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(c) Each parcel created by an Urban Lot Split shall adjoin the public right of way by means
of a minimum fifteen foot street frontage.
(d) Where existing dwelling units on the property are to remain, no lot line may be created
under this Chapter in a manner that would bisect any structure or that would result in
more than two dwelling units on any resulting parcel.
(e) Each parcel shall comply with any objective lot design standards for Urban Lot Splits
adopted by the City Council.
(f) The Director of Planning shall determine the appropriate fee required for an application
for parcel map for an Urban Lot Split, which may be the fee currently established for a
Preliminary Parcel Map or Parcel Map.
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Section 21.10.050 Application and Review of an Urban Lot Split
(a) The director of planning is authorized to promulgate regulations, forms, and/or
checklists setting forth application requirements for a parcel map for an Urban Lot Split
under this Chapter. An application shall include an affidavit from the property owner,
signed under penalty of perjury under the laws of California, that:
(1) The proposed urban lot split would not require or authorize demolition or
alteration of any of the housing described in Section 21.10.030, subdivision (e).
(2) The proposed urban lot split is not on a parcel described in Section 21.10.030.
(3) The owner intends to occupy one of the housing units located on a lot created by
the parcel map as their principal residence for a minimum of three years from
the date of the recording of the parcel map.
(4) The rental of any unit on the property shall be for a term longer than 30
consecutive days.
(5) The resulting lots will be for residential uses only.
(b) A parcel map for an Urban Lot Split must be prepared by a registered civil engineer or
licensed land surveyor in accordance with Government Code sections 66444 – 66450
and this Chapter. Unless more specific regulations are adopted by the director of
planning, the parcel map shall be in the form and include all of the information required
of a Preliminary Parcel Map by Chapter 21.12, as well as any additional information
required of a Parcel Map by Chapter 21.16. In addition, the face of the Parcel Map shall
contain a declaration that:
(1) Each lot created by the parcel map shall be used solely for residential dwellings.
(2) That no more than two dwelling units may be permitted on each lot.
(3) That rental of any dwelling unit on a lot created by the parcel map shall be for a
term longer than 30 consecutive days.
(4) A lot created by a parcel map under this Chapter shall not be further subdivided.
(c) Upon receipt of a parcel map for an Urban Lot Split, the director of planning shall
transmit copies to the city engineer, chief building official, director of utilities, chief of
police, fire chief, director of transportation, and such other departments of the city, and
any other agencies, as may be required by law or deemed appropriate.
(d) The director of planning shall cause a notice of the pending application to be posted at
the site of the proposed Urban Lot Split and for notice to be mailed to owners and
residents of property within 600 feet of the property.
(e) The director of planning shall ministerially review and approve a parcel map for Urban
Lot Split if they determine that the parcel map application meets all requirements of this
Chapter. The director of planning shall deny a parcel map application that does not
meet any requirement of this Chapter.
Section 21.10.060 Effective Dates.
This chapter shall remain in effect until such time as Government Code Section 66411.7 is
repealed or superseded or its requirements for ministerial approval of an Urban Lot Split on a
single family zoned lot are materially amended, whether by legislation or initiative, at which
time this chapter shall become null and void.
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SECTION 17. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 18. The City Council finds that this Ordinance is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) for the following reasons.
Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to
implement the requirements of SB 9 shall not be considered a project under CEQA.
SECTION 19. This ordinance shall be effective immediately upon adoption and shall remain in
effect until superseding legislation is adopted by the City Council or December 31, 2022,
whichever occurs sooner. The Clerk is authorized to direct the City’s codifier to revert any
changes created by this ordinance upon its expiration.
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning
and Development Services
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Ordinance No. ______
Interim Ordinance of the Council of the City of Palo Alto Modifying Chapters 18.10
(Low‐Density Residential, RE, R‐2, and RMD Districts), 18.12 (R‐1 Single‐Family
Residential District), 18.13 (Multiple Family Residential, RM20, RM30, RM40), 18.16
(Commercial Districts, CN, CC, CS), 18.18 (Downtown Commercial, CD‐C, CD‐S, CD‐
N), 18.40 (General Standards and Exceptions), and 18.42 (Standard for Special Uses)
of Title 18 (Zoning) and Adding Chapter 21.10 (Parcel Maps for Urban Lot Splits) of
the Palo Alto Municipal Code to Implement Recent State Housing Bills
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 16, 2021, Governor Newsom signed into law Senate Bill 9 (SB 9), which
requires, among other things, that local agencies ministerially approve both two‐unit
construction and urban lot splits on single‐family zoned lots.
B. SB 9 authorizes the creation of lots as small as 1,200 square feet, and requires approval
of two residential units of at least 800 square feet (for a total of 1,600 square feet) each
on such lots. This represents a significant departure from existing minimum lot sizes
and development standards in Palo Alto’s single‐family zones.
C. The increased density and intensity of development authorized by SB 9 has the potential
to negatively impact privacy, access for emergency vehicles, and aesthetics of
residential neighborhoods. In addition, the ministerial review required by SB 9 could
result in the unintentional loss of historic resources in Palo Alto’s single family zones.
D. SB 9 authorizes local jurisdictions to apply objective zoning standards, objective
subdivision standards, and objective design standards, subject to certain limitations in
statute.
E. On September 16, 2021, Governor Newsom signed into law Senate Bill 478 (SB 478),
which requires, among other things, that local agencies provide specified minimum floor
area ratios for housing development projects containing 3 to 10 dwelling units.
F. There is insufficient time for consideration of and recommendation on objective
standards related to SB 9, code amendments related to SB 478, and associated code
amendments to Title 18 by the Planning and Transportation Commission (PTC) prior to
action by the City Council. The Council therefore declares that an interim ordinance,
pursuant to Palo Alto Municipal Code (PAMC) Section 18.80.090 is an appropriate
measure to adopt standards, pending consideration of a permanent ordinance by the
PTC.
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SECTION 2. Section 18.10.020 (Applicable Regulations) of Chapter 18.10 (Low‐Density
Residential (RE, R‐2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows (new text underlined and deletions struck‐through):
18.10.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.52 to 18.80 inclusive shall apply to all low‐density residential
districts. Such regulations shall apply to construction of two units on an RE‐zoned lot pursuant
to California Government Code Section 65852.21 (SB 9, 2021), except as modified by Section
18.42.180.
SECTION 3. Section 18.10.030 (Land Uses) of Chapter 18.10 (Low‐Density Residential (RE, R‐2
and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows (new text underlined and deletions struck‐through; omissions are noted with [. . .] for
large sections of unchanged text):
18.10.030 Land Uses
Table 1 shows the permitted and conditionally permitted uses for the low‐density residential
districts.
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED LOW‐DENSITY RESIDENTIAL USES
[P = Permitted Use ‐‐ CUP = Conditional Use Permit Required]
RE R‐2 RMD Subject to
Regulations in:
[. . .] [. . .] [. . .] [. . .] [. . .]
RESIDENTIAL USES
Single‐Family P P P
Two‐Family use, under one ownership P (4) P P
Mobile Homes P P P 18.42.100
Residential Care Homes P P P
[. . .] [. . .] [. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit
Required
Footnotes:
(1) Sale of Agricultural Products: No permanent commercial structures for the sale or
processing of agricultural products are permitted.
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(2) Accessory Dwelling Units in R‐2 and RMD Zones: An accessory 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 18.42.040, and such that no more than
two units result on the lot.
(3) Bed and Breakfast Inns: Bed and breakfast inns are limited to no more than 4 units
(including the owner/resident's unit) in the RMD district.
(4) Two Unit Development Pursuant to California Government Code Section 65852.21 (SB 9,
2021): Construction of two units is permitted on an RE‐zoned lot, subject to the regulations in
Section 18.42.180.
SECTION 4. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low‐Density
Residential (RE, R‐2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows (new text underlined and deletions struck‐through; omissions are
noted with [. . .] for large sections of unchanged text):
18.10.040 Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the low‐density residential districts are shown in Table 2:
TABLE 2
LOW‐DENSITY RESIDENTIAL DEVELOPMENT STANDARDS
R‐E (6) R‐2 RMD Subject to Regulations
in:
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Minimum Lot Size: Any lot less than the minimum lot size may be used in accordance with
the provisions of Chapter 18.40.
(2) R‐2 Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter
16.52, the maximum heights are increased by one‐half of the increase in elevation required to
reach base flood elevation, up to a maximum building height of 33 feet.
(3) R‐2 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is
entitled to an increase in the maximum height, the heights for the daylight planes shall be
adjusted by the same amount.
(4) Exemption from Floor Area for Covered Parking Required for Two‐Family Uses: In the R‐2
and RMD districts, for two‐family uses, floor area limits may be exceeded by a maximum of two
hundred square feet, for purposes of providing one required covered parking space.
(5) Maximum House Size: The gross floor area of attached garages and attached accessory
dwelling units and junior accessory dwelling units are included in the calculation of maximum
house size. If there is no garage attached to the house, then the square footage of one detached
covered parking space shall be included in the calculation. This provision applies only to single‐
family residences, not to duplexes allowed in the R‐2 and RMD districts.
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(6) Two Unit Development Pursuant to California Government Code Section 65852.21 (SB 9,
2021): Construction of two units on an RE‐zoned lot shall be subject to the development
standards in this Section 18.10.040, except as modified by Section 18.42.180.
[. . .]
SECTION 5. Table 3 (PARKING REQUIREMENTS FOR R‐E, R‐2 AND RMD USES) of Section
18.10.060 (Parking) of Chapter 18.10 (Low‐Density Residential (RE, R‐2 and RMD) Districts) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new text
underlined and deletions struck‐through; omissions are noted with [. . .] for large sections of
unchanged text):
[. . .]
TABLE 3
PARKING REQUIREMENTS FOR R‐E, R‐2 AND RMD USES
Use Minimum Off‐Street Parking Requirement
Single‐family residential use (excluding
accessory dwelling units)
2 spaces per unit, of which one must be covered.
Two family in the RE district, pursuant to
California Government Code Section
65852.21 (SB 9, 2021)
1 space per unit. No spaces required if located within
one‐half mile walking distance of either a high‐
quality transit corridor or a major transit stop, or
located within one block of a car share vehicle.
Two family (R2 & RMD districts) 3 spaces total, of which at least two must be covered
Accessory dwelling unit, attached or
detached:
No parking required
Junior accessory dwelling unit No parking required
Other Uses See Chapter 18.40
[. . .]
SECTION 6. Section 18.10.070 (Accessory and Junior Accessory Dwelling Units) of Chapter
18.10 (Low‐Density Residential (RE, R‐2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows (new text underlined and deletions struck‐
through):
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 Chapter 18.09 Section 18.42.040.
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SECTION 7. Section 18.12.020 (Applicable Regulations) of Chapter 18.12 (R‐1 Single Family
Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows (new text underlined and deletions struck‐through):
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.52 to 18.80 inclusive shall apply to the R‐1 district including the R‐1
subdistricts. Such regulations shall apply to construction of two units on an R1‐zoned lot
pursuant to California Government Code Section 65852.21 (SB 9), except as modified by Section
18.42.180.
SECTION 8. Section 18.12.030 (Land Uses) of Chapter 18.12 (R‐1 Single Family Residential
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new
text underlined and deletions struck‐through; omissions are noted with [. . .] for large sections
of unchanged text):
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single family residential districts are
shown in Table 1:
Table 1
PERMITTED AND CONDITIONAL R‐1 RESIDENTIAL USES
R‐1 and all R‐1
Subdistricts
Subject to Regulations in:
[. . .] [. . .] [. . .]
RESIDENTIAL USES
Single‐Family P
Two‐Family use, under one ownership P 18.42.180
Mobile Homes P 18.42.100
Residential Care Homes P
[. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit Required
SECTION 9. Section 18.12.040 (Site Development Standards) of Chapter 18.12 (R‐1 Single
Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to
read as follows (new text underlined and deletions struck‐through; omissions are noted with [. .
.] for large sections of unchanged text):
18.12.040 Site Development Standards
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(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R‐1 district and the R‐1 subdistricts are shown in Table 2,
except to the extend such standards may be modified by Section 18.42.180 for two‐family uses
pursuant to California Government Code Section 65852.21 (SB 9, 2021):
[. . .]
SECTION 10. Section 18.12.060 (Parking) of Chapter 18.12 (R‐1 Single Family Residential
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (new
text underlined and deletions struck‐through; omissions are noted with [. . .] for large sections
of unchanged text):
18.12.060 Parking
Off‐street parking and loading facilities shall be required for all permitted and conditional uses
in accord with Chapters 18.52 and 18.54 of this title. The following parking requirements apply
in the R‐ 1 districts. These requirements are included for reference purposes only, and in the
event of a conflict between this Section 18.12.060 and any requirement of
Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in the case of parcels
created pursuant to Section 18.10.140(c) (subdivision incentive for historic preservation).
(a) Parking Requirements for Specific Uses
Table 4 shows the minimum off‐street automobile parking requirements for specific uses
within the R‐1 district.
Table 4
Parking Requirements for Specific R‐1 Uses
Use Minimum Off‐Street Parking Requirement
Single‐family residential use
(excluding accessory dwelling units)
2 spaces per unit, of which one must be covered.
Two family use pursuant to California
Government Code Section 65852.21
(SB 9, 2021)
1 space per unit. No spaces required if located within
one‐half mile walking distance of either a high‐quality
transit corridor or a major transit stop, or located within
one block of a car share vehicle.
Accessory dwelling unit, attached or
detached
No parking required
Junior accessory dwelling unit No parking required
Other Uses See Chs. 18.52 and 18.54
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[. . .]
SECTION 11. Section 18.12.070 (Accessory and Junior Accessory Dwelling Units) of Chapter
18.12 (R‐1 Single Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code
is amended to read as follows (new text underlined and deletions struck‐through):
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 Chapter 18.09 Section 18.42.040.
SECTION 12. Section 18.40.160 (Replacement Project or Discretionary Review Required) of
Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows (new text underlined and deletions struck‐
through):
18.40.160 Replacement Project or Discretionary Review Required
(a) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and
Utilities), or Title 16 (Building Regulations) shall be issued for demolition or deconstruction of a
single family residence or duplex in the Low‐Density Residential District (Chapter 18.10) or
Single Family Residential District (Chapter 18.12), except for deconstruction pursuant to
Section 16.14.130 or where necessary for health and safety purposes (as determined by the
City's Building Official), unless building permit plans for a replacement project have been
approved. This subsection shall also apply to demolition of a single family residence or duplex in
the Multiple Family Residential District (Chapter 18.13) when the replacement project does not
require discretionary review.
(b) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and
Utilities), or Title 16 (Building Regulations) shall be issued for any project requiring discretionary
review under Title 18 or Title 21, unless the application for discretionary review has been
approved.
SECTION 13. Section 18.52.020 (Definitions) of Chapter 18.52 (Parking and Loading
Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows:
18.52.020 Definitions
For purposes of this chapter:
[. . .]
(h) “Within one block of a car share vehicle” means within 600 feet of a parking space
permanently reserved for use by a car share vehicle.
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(h)(i) Definitions for other parking‐related terms can be found in Section 18.04.030(a)
(Definitions), including “Parking as a principal use,” “Parking facility,” and “Parking
space.”
SECTION 14. Table 1 (Minimum Off‐Street Parking Requirements of Section 18.52.040 (Off‐
Street Parking, Loading, and Bicycle Facility Requirements) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read
as follows:
18.52.040 Off‐Street Parking, Loading and Bicycle Facility Requirements
[. . .]
Table 1
Minimum Off‐Street Parking Requirements
Use Vehicle Parking
Requirement
(# of spaces)
Bicycle Parking
Requirement
Spaces Class 1 Long
Term (LT) and
Short Term
(ST)
RESIDENTIAL USES
[. . .] [. . .] [. . .] [. . .]
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
(R-1 and RE Districts,
pursuant to Section
18.42.180)
At least one space per unit. No
spaces required if the unit is
located within one‐half mile
walking distance of either a
high‐quality transit corridor or
a major transit stop, as defined
in California Public Resources
Code Sections 21155 and
1 space
per unit
100% - LT
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21064.3 respectively, or
located within one block of a
car share vehicle.
[. . .] [. . .] [. . .] [. . .]
[. . .]
SECTION 15. Section 18.42.180 (Interim Standards for Two Units on Single Family Zoned Lots
Pursuant to Senate Bill 9) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of
the Palo Alto Municipal Code is added to read as follows:
18.42.180 Interim Standards for Two Units on Single Family Zoned Lots Pursuant to
Senate Bill 9.
(a) Purpose. This section sets forth special regulations applicable to the construction of two
dwelling units on single family lots in the R‐1 (and R‐1 subdistricts) and R‐E zone districts,
pursuant to California Government Code Sections 65852.21 and 66411.7 (SB 9, 2021). In the
event of a conflict between the provisions of this section and the generally applicable
regulations of Chapters 18.10, 18.12, and 18.52‐18.80, inclusive, the provisions of this section
shall prevail.
(b) Definitions. As used in this section:
(1) “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or
safety or physical environmental standards, policies, or conditions as they
existed on the date the application was deemed complete. Inconsistency with
the zoning ordinance or general plan land use designation shall not constitute a
specific, adverse, impact.
(2) “Sufficient to allow separate conveyance” means the two dwelling units
constitute clearly defined, separate, and independent housekeeping units
without interior access points to the other dwelling unit.
(3) “Two dwelling units” means the development proposes two new units on a
vacant lot or proposes to add one new unit to one existing unit on a lot. This
does not include the development of a single dwelling unit on a vacant lot.
(4) “Unit” means any dwelling unit, including, but not limited to a primary dwelling
unit, an accessory dwelling unit, or a junior accessory dwelling unit.
(c) Applicability. When an application is submitted that includes both (1) the construction
of two dwelling units under this section and (2) other redevelopment work that is not integral
to creation of a new dwelling unit and would generally require discretionary review, only the
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portions required for construction of dwelling units shall be reviewed ministerially. In addition,
this section shall not apply in any of the following circumstances:
(1) Parcels described California Government Code Section 65913.4, subdivisions
(a)(6)(B) through (a)(6)(K) inclusive. Such parcels include, for example, parcels
located in wetlands, in very high fire severity zones (unless the site has adopted
certain fire hazard mitigation measures), and in special flood hazard areas or
regulatory floodways (unless the site meets certain federal requirements for
development).
(2) Parcels on which an owner of residential real property has exercised the owner’s
rights under state law to withdraw accommodations from rent or lease within
the past 15 years.
(3) The development would require alteration or demolition of any of the following
types of housing
(A) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control through a
public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The development would result in the demolition of more than 25 percent of the
existing exterior structural walls of a site that has been occupied by a tenant in
the last three years.
(5) The development is located within a historic district or property included on the
State Historic Resources Inventory, as defined in California Public Resources
Code Section 5020.1, or within a site that is designated or listed on the City’s
historic inventory.
(6) The building official finds that the development would have a specific, adverse
impact on public health and safety or the physical environment that cannot be
feasibly mitigated or avoided.
(d) Application Process.
(1) The Director is authorized to promulgate regulations, forms, and/or checklists
setting forth application requirements for the development of dwelling units
under this section.
(2) The City shall ministerially approve or disapprove an application pursuant to this
section.
(e) Development Standards.
(1) A project proposing two dwelling units on a parcel in the R‐1 or RE districts shall
be subject to the development standards set forth in Chapters 18.12 and 18.10,
respectively except as provided herein.
(2) All construction pursuant to this section shall comply with objective design
standards adopted by the City Council. However, an applicant seeking to deviate
from the objective design standards (except to the extent necessary to construct
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a unit of 800 square feet) may elect to submit an application under the base
requirements of Chapters 18.10, or 18.12, including, if applicable, Single Family
Individual Review.
(3) If the application of any development standard or design standard would
necessarily require that one or more proposed units be less than 800 square
feet, such standard shall be relaxed to the minimum extent necessary to allow
construction of a unit or units of at least 800 square feet. The Director may
publish regulations governing the order in which objective standards shall be
waived or relaxed in such circumstances.
(4) Setbacks from side and rear property lines, including street‐side property lines,
shall be no less than four feet, except in the case of existing non‐complying
structures or structures reconstructed in the same location and to the same
dimensions as an existing structure, in which case existing setbacks less than four
feet may be maintained.
(5) Off‐street parking shall be provided pursuant to Chapters 18.52 and 18.54.
(6) In the event that a project is proposed on a site that has been subject to an
Urban Lot Split under Chapter 21.10, and the project would result in three or
more detached units across the two parcels created by the urban lot split, any
new units shall not exceed 800 square feet.
(7) Accessory structures, such as garages and shed are permitted consistent with the
provisions of the zoning district; however, no accessory structure shall have a
floor area exceeding 500 square feet.
(f) General Requirements.
(1) A maximum of two units may be located on any parcel that is created by an
Urban Lot Split under Chapter 21.10. Accessory dwelling units and junior
accessory dwelling units shall not be permitted on any such parcel already
containing two units.
(2) On parcels that are not the result of an Urban Lot Split under Chapter 21.10,
accessory dwelling units may be proposed in addition to the primary dwelling
unit or units, consistent with Chapter 18.09, provided, however, that ADUs
associated with projects proceeding under this Section shall not receive any
exemption from Floor Area Ratio except to the minimum extent required by
California Government Code Section 65852.2.
(3) A rental of any unit created pursuant to this Section shall be for a term longer
than 30 consecutive days.
(4) For residential units connected to an onsite wastewater treatment system, a
percolation test completed within the last 5 years, or, if the percolation test has
been recertified, within the last 10 years.
(5) Each unit shall have a permanent street address.
(6) The owner and all successors in interest in the subject property shall agree to
participate in any City survey of properties that have constructed dwelling units
pursuant to this Section.
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(g) Effective Dates. This section shall remain in effect until such time as Government Code
Section 65852.21 is repealed or superseded or its requirements for ministerial approval of no
more than two units on a single family zoned lot are materially amended, whether by
legislation or initiative, at which time this section shall become null and void.
SECTION 16. Chapter 21.10 (Urban Lot Splits) of Title 21 (Subdivisions and Other Divisions of
land) of the Palo Alto Municipal Code is added to read as follows:
Chapter 21.10
PARCEL MAPS FOR URBAN LOT SPLITS IN SINGLE‐FAMILY ZONES
Section 21.10.010 Purpose
Section 21.10.020 Definitions
Section 21.10.030 Applicability
Section 21.10.040 Requirements
Section 21.10.050 Filing of Urban Lot Split Application
Section 21.10.060 Effective dates
Section 21.10.010 Purpose
This chapter sets forth special regulations applicable to the subdivision of a single family lot in
the R‐1 district (and R‐1 subdistricts) or R‐E district into two new lots, pursuant to California
Government Code Section 66411.7 (SB 9, 2021).
Section 21.10.020 Definitions
As used in this chapter:
(a) “Acting in concert” means pursuing a shared goal to split adjacent lots pursuant to an
agreement or understanding, whether formal or informal.
(b) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety or physical
environmental standards, policies, or conditions as they existed on the date the
application was deemed complete. Inconsistency with the zoning ordinance or general
plan land use designation shall not constitute a specific, adverse, impact.
(c) “Unit” means any dwelling unit, including, but not limited to, a unit or units created
pursuant to Section 18.42.180, a primary dwelling unit, an accessory dwelling unit, or a
junior accessory dwelling unit.
(d) “Urban Lot Split” means the subdivision of an existing legal parcel in the R‐1 district (and
R‐1 subdistricts) or R‐E district to create no more than two new parcels of approximately
equal area, pursuant to this Chapter and California Government Code Section 66411.7.
Section 21.10.030 Applicability
The provisions of this chapter shall apply only to lots in the R‐1 district (and R‐1 subdistricts) or
R‐E zone district. An Urban Lot Split is not available in any of the following circumstances:
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(a) A parcel described California Government Code Section 65913.4, subdivisions (a)(6)(B)
through (a)(6)(K) inclusive. Such parcels include, for example, parcels located in
wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard
mitigation measures), and in special flood hazard areas or regulatory floodways (unless
the site meets certain federal requirements for development).
(b) A parcel on which an owner of residential real property has exercised the owner’s rights
under state law to withdraw accommodations from rent or lease within the past 15
years.
(c) A parcel that was created by prior exercise of an Urban Lot Split.
(d) A parcel adjacent to a parcel that was created by prior exercise of an Urban Lot Split by
the owner, or a person acting in concert with the owner of the parcel sought to be split.
(e) The Urban Lot Split would require alteration or demolition of any of the following types
of housing
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(2) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
(f) The Urban Lot Split is located within a historic district or property included on the State
Historic Resources Inventory, as defined in California Public Resources Code Section
5020.1, or within a site that is designated or listed on the City’s historic inventory.
(g) The building official finds that the development would have a specific, adverse impact
on public health and safety or the physical environment that cannot be feasibly
mitigated or avoided.
Section 21.10.040 General Requirements
(a) The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet.
(b) The lots created by an Urban Lot Split must be of approximately equal area, such that no
resulting parcel shall be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(c) Each parcel created by an Urban Lot Split shall adjoin the public right of way by means
of a minimum fifteen foot street frontage.
(d) Where existing dwelling units on the property are to remain, no lot line may be created
under this Chapter in a manner that would bisect any structure or that would result in
more than two dwelling units on any resulting parcel.
(e) Each parcel shall comply with any objective lot design standards for Urban Lot Splits
adopted by the City Council.
(f) The Director of Planning shall determine the appropriate fee required for an application
for parcel map for an Urban Lot Split, which may be the fee currently established for a
Preliminary Parcel Map or Parcel Map.
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Section 21.10.050 Application and Review of an Urban Lot Split
(a) The director of planning is authorized to promulgate regulations, forms, and/or
checklists setting forth application requirements for a parcel map for an Urban Lot Split
under this Chapter. An application shall include an affidavit from the property owner,
signed under penalty of perjury under the laws of California, that:
(1) The proposed urban lot split would not require or authorize demolition or
alteration of any of the housing described in Section 21.10.030, subdivision (e).
(2) The proposed urban lot split is not on a parcel described in Section 21.10.030.
(3) The owner intends to occupy one of the housing units located on a lot created by
the parcel map as their principal residence for a minimum of three years from
the date of the recording of the parcel map.
(4) The rental of any unit on the property shall be for a term longer than 30
consecutive days.
(5) The resulting lots will be for residential uses only.
(b) A parcel map for an Urban Lot Split must be prepared by a registered civil engineer or
licensed land surveyor in accordance with Government Code sections 66444 – 66450
and this Chapter. Unless more specific regulations are adopted by the director of
planning, the parcel map shall be in the form and include all of the information required
of a Preliminary Parcel Map by Chapter 21.12, as well as any additional information
required of a Parcel Map by Chapter 21.16. In addition, the face of the Parcel Map shall
contain a declaration that:
(1) Each lot created by the parcel map shall be used solely for residential dwellings.
(2) That no more than two dwelling units may be permitted on each lot.
(3) That rental of any dwelling unit on a lot created by the parcel map shall be for a
term longer than 30 consecutive days.
(4) A lot created by a parcel map under this Chapter shall not be further subdivided.
(c) Upon receipt of a parcel map for an Urban Lot Split, the director of planning shall
transmit copies to the city engineer, chief building official, director of utilities, chief of
police, fire chief, director of transportation, and such other departments of the city, and
any other agencies, as may be required by law or deemed appropriate.
(d) The director of planning shall cause a notice of the pending application to be posted at
the site of the proposed Urban Lot Split and for notice to be mailed to owners and
residents of property within 600 feet of the property.
(e) The director of planning shall ministerially review and approve a parcel map for Urban
Lot Split if they determine that the parcel map application meets all requirements of this
Chapter. The director of planning shall deny a parcel map application that does not
meet any requirement of this Chapter.
Section 21.10.060 Effective Dates.
This chapter shall remain in effect until such time as Government Code Section 66411.7 is
repealed or superseded or its requirements for ministerial approval of an Urban Lot Split on a
single family zoned lot are materially amended, whether by legislation or initiative, at which
time this chapter shall become null and void.
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SECTION 17. Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family
Residential (RM‐20, RM‐30 and RM‐40) Districts) of Title 18 (Zoning) of the Palo Alto Municipal
Code is amended to read as follows:
18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density
[. . .]
Table 2
Multiple Family Residential Development Table
RM‐20 RM‐30 RM‐40 Subject to
regulations in:
[. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Floor
Area Ratio
(FAR)(4)
0.5:1 0.6:1 1.0:1 18.13.045
[. . .]
[. . .]
[. . .]
[. . .]
[. . .]
SECTION 18. Section 18.13.045 (Increased Floor Area for Housing Developments of 3‐10 Units)
of Chapter 18.13 (Multiple Family Residential (RM‐20, RM‐30 and RM‐40) Districts) of Title 18
(Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.13.045 Increased Floor Area for Housing Developments of 3‐10 Units
(a) A housing development project, as defined in California Government Code Section
65589.5, that is in an RM‐20, RM‐30 or RM‐40 District shall be allowed to increase its
floor area ratio as follows:
(i) A housing development project of three to seven units shall have a maximum floor
area ratio of 1.0:1.
(ii) A housing development project of eight to ten units shall have a maximum floor
area ratio of 1.25:1.
(b) This section shall not apply within a historic district or property included on the State
Historic Resources Inventory, as defined in California Public Resources Code Section
5020.1, or within a site that is designated or listed on the City’s historic inventory.
SECTION 19. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC and CS)) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows:
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(a) Exclusively Non‐Residential Uses
[. . .]
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments and
residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the context‐based design criteria outlined in
Section 18.16.090, provided that more restrictive regulations may be recommended by the
architectural review board and approved by the director of planning and development services,
pursuant to Section 18.76.020.
Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to
regulations in
Section
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Maximum
Residential
Floor Area
Ratio (FAR)
0.5:1 (4) See sub‐
section (e)
below
0.6:1 0.6:1 18.16.065
Maximum
Nonresidential
Floor Area
Ratio (FAR)
0.4:1 2.0:1 0.4:1
Total Mixed
Use Floor Area
Ratio (FAR)
0.9:1 (4) 2.0:1 1.0:1 18.16.065
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
[. . .]
SECTION 20. Section 18.16.065 (Increased Floor Area for Housing Developments of 3‐10 Units)
of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS)) of Title
18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.16.065 Increased Floor Area for Housing Developments of 3‐10 Units
(a) A housing development project as defined in paragraph (2) of subdivision (h) of Section
65589.5 of the Government Code of the State of California that is in a CN, CC or CS
District shall be allowed to increase its floor area ratio as follows:
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(i) A housing development project of three to seven units shall have a maximum
floor area ratio of 1.0:1.
(ii) A housing development project of eight to ten units shall have a maximum floor
area ratio of 1.25:1.
(b) This bonus shall not apply within a historic district or property included on the State
Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code
of the State of California, or within a site that is designated or listed as a city or county
landmark or historic property or district pursuant to a city or county ordinance.
(c) For mixed use development, total mixed use floor area ratio shall be increased to the
extent necessary to accommodate a non‐residential floor area ratio of 0.4:1 for retail
and retail‐like uses only.
SECTION 21. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to
read as follows:
(a) Exclusively Non‐Residential Use
[. . .]
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and
residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the context‐based design criteria outlines in
Section 18.18.110, provided that more restrictive regulations may be recommended by the
architectural review board and approved by the director of planning and development services,
pursuant to Section 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD‐C CD‐S CD‐N Subject to
regulations in
Section:
[. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Residential
Floor Area Ratio (FAR)
1.0:1(3) 0.6:1(3) 0.5:1(3) 18.18.065,
18.18.070
Maximum Nonresidential
Floor Area Ratio (FAR)
1.0:1(3) 0.4:1 0.4:1
Total Floor Area Ratio
(FAR)(3)
2.0:1(3) 1.0:1(3) 0.9:1(3) 18.18.065,
18.18.070
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
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(1) Required usable open space: (1) may be any combination of private and common open
spaces; (2) does not need to be located on the ground (but rooftop gardens are not
included as open space except as provided below); (3) minimum private open space
dimension 6; and (4) minimum common open space dimension 12
For CN and CS sites on El Camino Real, CS sites on San Antonio Road between Middlefield
Road and East Charleston Road and CC(2) sites that do not abut a single‐ or two‐family
residential use or zoning district, rooftop gardens may qualify as usable open space and
may count as up to 60% of the required usable open space for the residential component
of a project. In order to qualify as usable open space, the rooftop garden shall meet the
requirements set forth in Section 18.40.230.
[. . .]
(3) FAR may be increased with transfers of development, increased floor area for housing
development projects with 3‐10 residential units and/or bonuses for seismic and historic
rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD‐C subdistrict or
2.0:1 in the CD‐S or CD‐N subdistrict.
[. . .]
(5) The weighted average residential unit size shall be calculated by dividing the sum of the
square footage of all units by the number of units. For example, a project with ten 800‐
square foot 1‐bedroom units, eight 1,200‐square foot 2‐bedroom units, and two 1,800‐
square foot 3‐bedroom units would have a weighted average residential unit size of
((10x800)+(8x1,200)+(2x1,800)) ÷ (10+8+2) = 1,060 square feet.
[. . .]
SECTION 22. Section 18.18.065 (Increased Floor Area for Housing Developments of 3‐10 Units)
of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the Palo Alto
Municipal Code is added to read as follows:
18.16.065 Increased Floor Area for Housing Developments of 3‐10 Units
(a) A housing development project as defined in paragraph (2) of subdivision (h) of Section
65589.5 of the Government Code of the State of California that is in a CD Districts shall
be allowed to increase its floor area ratio as follows:
(i) A housing development project of three to seven units shall have a maximum
residential floor area ratio of 1.0:1.
(ii) A housing development project of eight to ten units shall have a maximum
residential floor area ratio of 1.25:1.
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(b) This bonus shall not apply within a historic district or property included on the State
Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code
of the State of California, or within a site that is designated or listed as a city or county
landmark or historic property or district pursuant to a city or county ordinance.
(c) For mixed use development in the CD‐N and CD‐S subdistricts, total floor area ratio shall
be increased to the extent necessary to accommodate a non‐residential floor area ratio
of 0.4:1 for retail and retail‐like uses only.
(d) In no event shall total floor area ratio exceed 3.0:1 in the CD‐C subdistrict, or 2.0:1 in the
CD‐N and CD‐S subdistricts.
SECTION 23. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 24. The City Council finds that this Ordinance is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) for the following reasons.
Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to
implement the requirements of SB 9 shall not be considered a project under CEQA. Additional
sections of this ordinance implementing SB 478 are exempt pursuant to Section 15061 of the
State CEQA Guidelines because they simply reflect pre‐emptive state law that will be effective
January 1, 2022. As such, this ordinance does not reflect a change from the status quo and it
therefore can be seen with certainty that there is no possibility that the ordinance will have a
significant effect on the environment.
//
//
//
//
//
//
//
//
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SECTION 25. This ordinance shall be effective on the thirty‐first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning
and Development Services
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