HomeMy WebLinkAboutStaff Report 2310-21048.CONSENT: Second Reading of Electrification Equipment Ordinance adopted October 2,
2023 amending the Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.04
(Definitions), 18.10 (Low-Density Residential), 18.12 (R-1 Zones), 18.13 (Multiple Family
Residential Zones),18.40 (General Standards and Exceptions), and 18.54 (Parking Facilities
Design Standards) and Title 9, Chapter 9.10 (Noise) to Further Facilitate the Installation of
Electrification Equipment in Residential Neighborhoods. CEQA Status – Exempt under
CEQA Guidelines sections 15061(b)(3) and 15301.
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: November 6, 2023
Report #:2310-2104
TITLE
CONSENT: Second Reading of Electrification Equipment Ordinance adopted October 2, 2023
amending the Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.04 (Definitions), 18.10
(Low-Density Residential), 18.12 (R-1 Zones), 18.13 (Multiple Family Residential Zones),18.40
(General Standards and Exceptions), and 18.54 (Parking Facilities Design Standards) and Title 9,
Chapter 9.10 (Noise) to Further Facilitate the Installation of Electrification Equipment in
Residential Neighborhoods. CEQA Status – Exempt under CEQA Guidelines sections 15061(b)(3)
and 15301.
RECOMMENDATION
This is the second reading of the Electrification Equipment Ordinance for Council approval on
consent. The ordinance has been modified to include the City Council-directed revisions of
October 2, 2023.
BACKGROUND
On October 2, 2023, City Council adopted the Electrification Ordinance on first reading. The
motion, made by Council Member Burt, seconded by Council Member Veenker, and passed on
a 6-1 vote (Lythcott-Haims recused) to adopt the ordinance recommended by staff and the
Planning and Transportation Commission (PTC), with the following modifications and direction:
1. Increase the base noise standards by 3 decibels for all heat pumps, and by 5 decibels for
heat pumps with inverters, and to create a comprehensive list of heat pump equipment.
2. Direct staff to evaluate the following for future refinements to the ordinance:
a. Evaluate allowing units with higher manufactured dB ratings provided that the
sound is attenuated,
b. Explore the streamline testing protocol for nonstandard equipment, and
c. The Development Center receives this information as soon as possible to
disseminate for anyone looking at heat pumps or other HVAC equipment.
The attached ordinance (Attachment A) has been updated to reflect the Council’s direction,
with the addition of two columns to Table 1 for inverter pumps and increased decibels in all
four columns (3 dBA for non-inverter equipment, and 5 dBA for inverter equipment) and other
non-substantive clarifications.
FISCAL/RESOURCE IMPACT
This action to approve the Electrification Equipment Ordinance has no fiscal impact.
ENVIRONMENTAL REVIEW
CEQA Status – Exempt under CEQA Guidelines sections 15061(b)(3) and 15301.
ATTACHMENTS
Attachment A: Ordinance for Second Reading Incorporating City Council’s Revisions
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
Not Yet Approved
1
0160125_20231016_ay16
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal
Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.10 (Low-Density
Residential), 18.12 (R-1, Single Family Residence District), 18.13 (Multifamily
Residential Zones), 18.40 (General Standards and Exceptions), and 18.54 (Parking
Facilities Design Standards) and Title 9 (Public Peace, Morals, and Safety), Chapter
9.10 (Noise) to Facilitate Adoption of Electrification Equipment Required by the
2022 Green Building Code and Local Amendments
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to read as follows (additions underlined, deletions struck-through, and
omissions noted with bracketed ellipses):
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
[. . .]
(49) (reserved) “Electrification Equipment” means one or more devices that use electric
energy to serve a dwelling unit’s needs for heating and cooling, water heating, cooking, and
electric vehicle charging. In addition, ancillary equipment such as an electric panel, photovoltaic
equipment, and energy storage systems that are deployed to support such devices shall be considered
Electrification Equipment.
[. . .]
SECTION 2. Section 18.10.040 (Site Development Standards) of Chapter 18.10 (RE,
R2, RMD Low-Density Residential District) of Title 18 (Zoning) of the PAMC is amended to read
as follows (additions underlined, deletions struck-through, and omissions noted with bracketed
ellipses):
18.10.040 Development Standards
[. . .]
(h) Location of Noise-Producing Equipment and Electrification Equipment
Not Yet Approved
2
0160125_20231016_ay16
(1) Electrification Equipment and any associated housing, screening, insulation,
or bollards necessary to enable compliance with the applicable regulations,
including Chapter 9.10 of this Code, shall provide a minimum three foot
interior side and rear yard setback and a minimum ten foot street sideyard
setback. Except as otherwise provided in this Title EVSE and energy storage
systems, Electrification Equipment shall not be located in the required front
yard setback and shall at all times provide sufficient clearance for fire safety
purposes. All other noise-producing equipment, such as air conditioners,
pool equipment, gas powered generators, commercial kitchen fans, and
similar service equipment shall be located outside of the front, rear and side
yard setbacks. Such equipment may, however, be located up to 6 feet into
the street sideyard setback. All such noise-producing equipment, including
Electrification Equipment, shall be insulated and housed, except where doing
so would interfere with the operation of the equipment. that tThe Planning
Director may also permit installation without housing and insulation,
provided the equipment is located within the building envelope and where
that a combination of technical noise specifications, location of equipment,
and/or other screening or buffering will assure compliance with the City’s
Noise Ordinance at the nearest property line. Any replacement of such
equipment shall conform to this section where feasible; replacement of
equipment for which permits were obtained prior to these restrictions is
allowable in the same location, provided the replacement equipment
complies with the City’s noise ordinance. All service equipment must meet
the City Noise Ordinance in Chapter 9.10 of this code.
(2) Where existing improvements comply with front setback requirements, EVSE
may encroach up to four feet into the required front setback. Where existing
improvements do not comply with front setback requirements, EVSE may
encroach into the otherwise required front setback by two feet beyond the
existing improvement. EVSE and energy storage systems and associated
equipment and safety bollards may be located within required on-site
parking spaces, as further described in PAMC Chapter 18.54 Section
18.54.020.
(3) The Planning Director may publish administrative regulations to further
implement this subsection (h), including a list of equipment or technologies
that may presumptively be installed without housing and insulation due to
noise generation below applicable maximums.
[. . .]
Not Yet Approved
3
0160125_20231016_ay16
SECTION 3. Sections 18.12.040 (Site Development Standards), 18.12.050 (Permitted
Encroachments, Projections, and Exceptions), and Section 18.12.120 (Home Improvement
Exception) of Chapter 18.12 (R-1 Single- Family Residential District) of Title 18 (Zoning) of the
PAMC are amended to read as follows (additions underlined, deletions struck-through, and
omissions noted with bracketed ellipses):
18.12.040 Site Development Standards
[. . .]
(l) Location of Noise-Producing Equipment and Electrification Equipment
(1) Electrification Equipment and any associated housing, screening, insulation,
or bollards necessary to enable compliance with the applicable regulations,
including Chapter 9.10 of this Code, shall provide a minimum three foot
interior side and rear yard setback and a minimum ten foot street sideyard
setback. Except as otherwise provided in this Title for EVSE and energy
storage systems, Electrification Equipment shall not be located in the
required front yard setback and shall at all times provide sufficient clearance
for fire safety purposes. All other noise-producing equipment, such as air
conditioners, pool equipment, gas powered generators, commercial kitchen
fans, and similar service equipment shall be located outside of the front, rear
and side yard setbacks. Such equipment may, however, be located up to 6
feet into the street sideyard setback. All such noise-producing equipment,
including Electrification Equipment, shall be insulated and housed, except
where doing so would interfere with the recommended operation of the
equipment. that tThe Planning Director may also permit installation without
housing and insulation, provided the equipment is located within the building
envelope and where that a combination of technical noise specifications,
location of equipment, and/or other screening or buffering will assure
compliance with the City’s Noise Ordinance at the nearest property line. Any
replacement of such equipment shall conform to this section where feasible,
except the Director may allow replacement of existing equipment in a non-
complying location, if such equipment had prior building permit(s), with
equipment that meets the City’s Noise Ordinance. All service equipment
must meet the City Noise Ordinance in Chapter 9.10 of this code.
(2) Where existing improvements comply with front setback requirements, EVSE
may encroach up to four feet into the required front setback. Where existing
improvements do not comply with front setback requirements, EVSE may
encroach into the otherwise required front setback by two feet beyond the
existing improvement. EVSE and energy storage systems and associated
equipment and safety bollards may be located within required on-site
Not Yet Approved
4
0160125_20231016_ay16
parking spaces, as further described in PAMC Chapter 18.54 Section
18.54.020.
(3) The Planning Director may publish administrative regulations to further
implement this subsection (l), including a list of equipment or technologies
that may presumptively be installed without housing and insulation due to
noise generation below applicable maximums.
[. . .]
18.12.050 Permitted Encroachments, Projections and Exceptions
[. . .]
(a) Setback/Yard Encroachments and Projections
[. . .]
(3) Allowed Projections
[. . .]
(F) Pools, Spas, and Hot Tubs and Associated Electrification Equipment
(i) Pools, spas, and hot tubs may extend into a required rear yard
a distance not to exceed fourteen feet, provided that a
minimum setback of six feet from the property line shall be
maintained.
(ii) No swimming pool, hot tub, spa, or similar accessory facility
shall be located in any portion of a required front or street side
yard.
(iii) Electrification Equipment for pools, spas, hot tubs, and
swimming pools subject to meeting the standards set forth in
Table 1 of Section 9.10.030.
[. . .]
18.12.120 Home Improvement Exceptions
[. . .]
(b) Applicability
A home improvement exception may be granted as part of a proposed improvement or
addition to an existing single-family or two-family structure, or accessory structure, or both, in
the RE, R-1, RMD, or R-2 district, as limited in subsection (c). A home improvement exception
Not Yet Approved
5
0160125_20231016_ay16
may be granted as described in subsections (1) through (16) (14) of subsection (c), but may not
exceed the limits set forth in those subsections. In order to qualify for a home improvement
exception, the project must retain at least 75% of the existing exterior walls, including exterior
finishes such as siding or cladding.
(c) Limits of Home Improvement Exception
A home improvement exception may be granted only for one or more of the following,
not to exceed the specified limits:
[. . .]
(16) To allow Electrification Equipment to exceed the noise ordinance standards
set forth in Section 9.10.030(c).
[. . .]
SECTION 4. Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple
Family Residential Zones – RM20, RM30, RM40) of Title 18 (Zoning) of the PAMC is amended to
read as follows (additions underlined, deletions struck-through, and omissions noted with
bracketed ellipses):
18.13.040 Development Standards
[. . .]
(b) Setbacks, Daylight Planes and Height - Additional Requirements and Exceptions
(1) Setbacks
(A) Required parking spaces shall not be located in a required front yard, nor
in the first ten feet (10') adjoining the street property line of a required
street side yard.
(B) Projections into yards are permitted only to the extent allowed by
Section 18.40.070 of this code.
(C) Electrification Equipment and any associated housing, screening,
insulation, or bollards necessary to enable compliance with the applicable
regulations, including Chapter 9.10 of this Code, shall provide a minimum
three foot interior side and rear yard setback and a minimum ten foot
street sideyard setback. Except as otherwise provided in this Title for
EVSE and energy storage systems, Electrification Equipment shall not be
located in the required front yard setback and shall at all times provide
sufficient clearance for fire safety purposes. All Electrification Equipment
must meet the City Noise Ordinance in Chapter 9.10 of this code.
Not Yet Approved
6
0160125_20231016_ay16
(D) Where existing improvements comply with front setback requirements,
EVSE may encroach up to four feet into the required front setback.
Where existing improvements do not comply with front setback
requirements, EVSE may encroach into the otherwise required front
setback by two feet beyond the existing improvement.
(E) The Planning Director may publish administrative regulations to further
implement subsection (b)(1)(C), including a list of equipment or
technologies that may presumptively be installed within setbacks without
housing and insulation due to noise generation below applicable
maximums.
[. . .]
SECTION 5. Sections 18.40.060 (Permitted Uses and Facilities in Required Yards) of
Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of PAMC is amended to
read as follows (additions underlined, deletions struck-through, and omissions noted with
bracketed ellipses):
18.40.060 Permitted Uses and Facilities in Required Yards
Except as otherwise prescribed by district regulations or other provisions of this title,
use and development of required yards shall be limited to the following:
[. . .]
(f) Electrification Equipment for residential uses only: When installed in a required
yard, Electrification Equipment and any associated housing, screening, insulation, or
bollards necessary to enable compliance with the applicable regulations, including
Chapter 9.10 of this Code, shall provide a minimum three foot interior side and rear yard
setback and a minimum ten foot street sideyard setback. Except as otherwise provided
in this Title for EVSE and energy storage systems, Electrification Equipment shall not be
located in the required front yard setback and shall at all times provide sufficient
clearance for fire safety purposes. EVSE, energy storage systems, and safety bollards may
encroach two feet into a 20-foot standard front setback.
SECTION 6. Section 18.40.260 (Visual Screening and Landscaping) of Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of PAMC is amended to read as follows
(additions underlined, deletions struck-through, and omissions noted with bracketed ellipses):
18.40.260 Visual Screening and Landscaping
[. . .]
(b) Requirements
Not Yet Approved
7
0160125_20231016_ay16
[. . .]
(2) For all project types:
(A) All areas not covered by structures, service yards, walkways, driveways, and
parking spaces shall be landscaped with ground cover, shrubs, and/or trees.
(B) Rooftop equipment shall be screened by a parapet or enclosure. Rooftop
equipment or rooftop equipment enclosures shall be set back at least 20 feet
from the building edge or a minimum of 100 feet from the property line,
whichever is closer. Roof vents, flues and other protrusions through the roof
of any building or structure shall be obscured from ground-level public view
(when viewed from the sidewalk on the opposite side of a street), by a roof
screen or proper placement. See Section 18.40.090 (height limit exceptions)
for further restrictions.
(C) A minimum ten-foot planting and screening strip shall be provided adjacent to
any façade abutting a low density residential district (R-1, R-2, or RMD) or
abutting railroad tracks.
(D) All exterior mechanical and other types of equipment, whether installed on
the ground or attached to a building roof or walls, shall be obscured from
public view when viewed from the abutting opposite sidewalk, except for
residentially used EVSE and energy storage systems and associated bollards.
[. . .]
SECTION 7. Section 18.54.020 (Vehicle Parking Facilities) of Chapter 18.54 (Parking)
of Title 18 (Zoning) of PAMC is amended to read as follows (additions underlined, deletions
struck-through, and omissions noted with bracketed ellipses):
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
Parking facilities shall be designed in accordance with the following regulations:
(1) Requirements for dimensions of parking facilities at, above, and below grade are
contained in this section and in Figures 1-6 and Tables 3-6 of Section 18.54.070.
(2) Stalls and aisles shall be designed such that columns, walls, or other obstructions
do not interfere with normal vehicle parking maneuvers. All required stall and aisle
widths shall be designed to be clear of such obstructions except as otherwise provided
in subsection (a)(4) below.
(3) The required stall widths shown in Table 3 of Section 18.54.070 shall be
increased by 0.5 foot for any stall located immediately adjacent to a wall, whether on
Not Yet Approved
8
0160125_20231016_ay16
one or both sides. The director may require that the required stall widths be increased
by 0.5 foot for any stall located immediately adjacent to a post, where such post limits
turning movements into or out of the stall.
(4) For property owners or tenants seeking to install EVSE, the required stall widths
shown in Table 3 of Section 18.54.070 may be reduced by no more than eighteen
inches below the code-required minimum dimensions in order to accommodate EVSE
or associated electrical utility equipment. For parking lots and garages other than for
one- and two-family use, tThis reduction may be applied to 10% of the total required
parking stalls, or two stalls, whichever is greater. The director may approve a
reduction in width for a greater number of stalls through a director’s adjustment
pursuant to Section 18.52.050. For one- and two-family residential garages and
carports, 18-inch reductions are allowed for both stall width and depth to enable
Electrification Equipment and protective bollards, as long as (i) the reduced width is
not continuous along the side of the stall, to provide a six-foot length near the middle
of the stall for opening two vehicular side doors, and (ii) the proposed garage has an
interior clearance depth of 20 feet in compliance with 18.54.020 (b)(2) or an existing
substandard garage has a depth of at least 19 feet-six inches. For a garage depth less
than 19 feet-six inches but greater than 18 feet, such equipment may be installed on
the back wall of the garage at a location at least four feet above the finished floor.
[. . .]
(b) Off-Street Parking Stalls
(1) Each off-street parking stall shall consist of a rectangular area not less than eight
and one-half (8.5) feet wide by seventeen and one-half (17.5) feet long (uni-class stall),
or as otherwise prescribed for angled parking by Table 3 in Section 18.54.070.
(2) Garages and carports for single-family and two-family development shall provide
a minimum interior clearance of ten (10) feet wide by twenty (20) feet long for a single
car and a minimum of twenty (20) feet wide by twenty (20) feet long for two cars to
allow sufficient clearance, except as otherwise provided in subsection (a)(4) above.
SECTION 8. Section 9.10.030 (Residential Property Noise Limits) of Chapter 9.10 (Noise)
of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code is amended to read
as follows (additions underlined, deletions struck-through, and omissions noted with bracketed
ellipses):
9.10.030 Residential property noise limits.
(a) No person shall produce, suffer or allow to be produced by any machine, animal or
device, or any combination of same, on residential property, a noise level more than six dB
above the local ambient at any point outside of the property plane, except as modified in (c)
below.
Not Yet Approved
9
0160125_20231016_ay16
(b) No person shall produce, suffer or allow to be produced by any machine, animal, or
device, or any combination of same, on multi-family residential property, a noise level more
than six dB above the local ambient three feet from any wall, floor, or ceiling inside any
dwelling unit on the same property, when the windows and doors of the dwelling unit are
closed, except within the dwelling unit in which the noise source or sources may be located.
(c) Electrification Equipment shall be deemed to comply with this Section 9.10.030 if the
equipment complies with the maximum equipment sound levels and is placed at the setbacks
established in Table 1 - Setback Requirements. As an alternative to compliance with Table 1, a
property owner may utilize the limits set forth in subsections (a) and (b) of this Section 9.10.030
if those provisions would be more permissive.
Table 1 – Setback Requirements
Equipment
Sound Level
(≤dBA) West
of Foothill
Blvd.
Equipment
Sound Level
(≤dBA) East of
Foothill Blvd.
Equipment
Sound Level
(≤dBA) West of
Foothill Blvd. for
Inverter Pumps
Equipment
Sound Level
(≤dBA) East of
Foothill Blvd.
for Inverter
Pumps
Minimum
Setback from
Receiving
Property Line
(≥ft.)
42 52 44 54 3
43 53 45 55 3
44 54 46 56 4
45 55 47 57 4
46 56 48 58 5
47 57 49 59 5
48 58 50 60 6
49 59 51 61 7
50 60 52 62 7
51 61 53 63 8
52 62 54 64 9
53 63 55 65 10
54 64 56 66 12
55 65 57 67 13
56 66 58 68 15
57 67 59 69 17
58 68 60 70 19
59 69 61 71 21
60 70 62 72 24
61 71 63 73 27
62 72 64 74 30
63 73 65 75 34
Not Yet Approved
10
0160125_20231016_ay16
SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 10. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b)(3) because it can be seen with certainty that the proposed modifications, which retain
existing noise standards in Chapter 9.10, will not result in a significant impact on the physical
environment. Additionally, the activity regulated by the ordinance is exempt under CEQA
Guideline 15301 because it involves the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, and mechanical
equipment, involving negligible or no expansion of existing or former uses.
SECTION 11. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED: October 2, 2023
PASSED: November 6, 2023
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Planning and Development Services