HomeMy WebLinkAboutStaff Report 14189
City of Palo Alto (ID # 14189)
City Council Staff Report
Report Type: Action Items Meeting Date: 3/21/2022
City of Palo Alto Page 1
Summary Title: Supplemental Report - Objective Urban Lot Split Standards,
Standards for Off-Site Improvements
Title: Adoption of an Interim Ordinance Establishing Objective Urban Lot
Split Standards and Further Refinements to SB 9 Development Standards;
Authorizing the Public Works Director to Publish Objective Standards
Regarding Adjacent Improvements Related to SB 9 Projects; and Direction
Regarding Listing Properties Eligible for Historic Status.
From: City Manager
Lead Department: Planning and Development Services
Supplemental Report - Item 10
MEETING DATE: MARCH 21, 2021
TO: HONORABLE CITY COUNCIL
FROM: JONATHAN LAIT, DIRECTOR OF PLANNING & DEVELOPMENT SERVICES
SUBJECT: ADOPTION OF AN INTERIM ORDINANCE ESTABLISHING OBJECTIVE
URBAN LOT SPLIT STANDARDS AND FURTHER REFINEMENTS TO SB 9
DEVELOPMENT STANDARDS; AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO PUBLISH OBJECTIVE STANDARDS REGARDING ADJACENT
IMPROVEMENTS RELATED TO SB 9 PROJECTS; AND DIRECTION
REGARDING LISTING PROPERTIES ELIGIBLE FOR HISTORIC STATUS.
This memorandum explains staff's proposed modification to Agenda Item 10, Attachment 10.b,
the draft ordinance amending Chapters 18.42 (Standard for Special Uses) and 21.10 (Parcel
City of Palo Alto Page 2
Maps for Urban Lot Splits) to implement SB 9.
The initial version of the draft ordinance would amend Section 21.10.040 (General
Requirements) to add paragraphs (f) through (j) as additional requirements for ministerial
approval of an urban lot split for single family lots in an R-1 district (or subdistrict) or R-E
district. Paragraph (f) would allow the Director of Public Works to promulgate standards for
adjacent public improvements, such as curb cuts and sidewalks, in relation to an urban lot split.
After further discussion among staff from Public Works, Planning and Development Services,
and the City Attorney's Office, staff proposes revising the draft ordinance to delete paragraph
(f) from the proposed additions to Section 21.10.040 General Requirements and insert that
language as a new subsection (8) of paragraph (e) of Section 18.42.180 (Interim Standards for
Two Units on Single Family Zoned Lots Pursuant to Senate Bill 9).
The rationale for this revision is that SB9 prohibits the City from imposing "regulations that
require dedications of rights-of-way or the construction of offsite improvements for the parcels
being created as a condition of issuing a parcel map for an urban lot split." (emphasis added)
However, SB 9 does allow the City to impose objective zoning standards, objective subdivision
standards, and objective design review criteria. In other words, while SB 9 limits the City's
discretion in reviewing a proposed urban lot split, it does allow the City to impose additional
objective standards on the development of the resulting lots.
Thus, because urban lot splits may be sought and approved without regard to a specific
development scenario, the specific impacts on adjacent public improvements may not be
known until such time that the property owner proposes a project for approval. The proposed
revision to the draft ordinance allows the Director of Public Works to promulgate development
standards for adjacent public improvements and clarifies that the development standards
would be applied at this later stage, when the project's impacts may be more accurately
evaluated, while also adhering to SB 9’s substantive requirements for ministerial approval of
urban lot splits and development of single family zoned lots.
Attachments:
Attachment A: Draft Ordinance (PDF)
NOT YET ADOPTED
1
0160067_20220317_ay16
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Modifying Chapters 18.42
(Standard for Special Uses) and 21.10 (Parcel Maps for Urban Lot Splits) of the
Palo Alto Municipal Code to Further Implement Senate Bill 9
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. SB 9 authorizes local jurisdictions to apply objective zoning standards, objective
subdivision standards, and objective design standards, subject to certain limitations in
statute.
D. On January 24, 2022, the City Council adopted Interim Ordinance No. 5542.
E. The City Council now desires to modify Interim Ordinance No. 5542 to clarify its terms
and to adopt additional standards for lot splits.
F. There is insufficient time for consideration of and recommendation on objective
standards related to SB 9 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.
SECTION 2. 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 amended to read as follows:
18.42.180 Interim Standards for Two Units on Single Family Zoned Lots Pursuant to Senate
Bill 9.
[. . .]
NOT YET ADOPTED
2
0160067_20220317_ay16
(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
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. No setback is required from an internal lot line newly
created pursuant to Chapter 21.10, for adjacent or connected structures
separated by the new lot line, provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(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.
(8) The Director of Public Works may promulgate standards for adjacent public
improvements, such as curb cuts and sidewalks, in relation to development
pursuant to this Section.
[. . .]
SECTION 3. Sections 21.10.030 (Applicability), 21.10.040 (General Requirements), and
21.10.050 (Application and Review of an Urban Lot Split) of Chapter 21.10 (Urban Lot Splits) of
Title 21 (Subdivisions and Other Divisions of land) of the Palo Alto Municipal Code are amended
to read as follows:
NOT YET ADOPTED
3
0160067_20220317_ay16
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. Except as modified by this Chapter, all provisions of Title 21 shall apply to an
application for urban lot split. An urban lot split is not available in any of the following
circumstances:
[. . .]
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.
(c) (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.
(d) (e) Newly created lot lines shall not render an existing structure noncomplying in any
respect (e.g. floor area ratio, lot coverage, parking), nor increase the degree of
noncompliance of an existing noncompliant structure.
(e) (f) Each parcel shall comply with any objective lot design standards for Urban Lot Splits
adopted by the City Council.
(f) Utility easements shall be shown on the parcel map, and recorded prior to, or
concurrent with final parcel map recordation.
(g) A covenant necessary for maintenance of stormwater treatment facilities shall be
recorded prior to, or concurrent with final map recordation.
(h) Existing driveways to be demolished shall follow the procedure(s) in 12.08.090
Elimination of abandoned driveway.
(i) A maintenance agreement shall be recorded to ensure shared maintenance of any
shared access easements, stormwater treatment, landscaping and private utilities, prior
to final parcel map recordation.
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.
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.
NOT YET ADOPTED
4
0160067_20220317_ay16
(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.
(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.
SECTION 4. 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 5. 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.
NOT YET ADOPTED
5
0160067_20220317_ay16
SECTION 6. 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