HomeMy WebLinkAboutStaff Report 2406-3117CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 12, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
7.ACTION/LEGISLATIVE: Ordinance of the Council of the City of Palo Alto Amending Palo
Alto Municipal Code (PAMC) Title 18 (Zoning) and Title 21 (Subdivisions and Other
Divisions of Land) to Clarify Existing Regulations and to Implement Recent State Housing
Laws. Chapters 18.14 (Housing Incentives), 18.18 (Downtown Commercial District),
18.30(F) (Automobile Dealership (AD) Combining District Regulations), 18.42 (Standard
for Special Uses), 18.52 (Parking Regulations) and 18.77 (Processing of Permits and
Approvals), and 21.12 (Tentative Maps and Preliminary Parcel Maps) are Amended, and
Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels) is Added.
CEQA - Exempt Pursuant to Guidelines Section 15061(b)(3). Presentation
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: August 12, 2024
Report #:2406-3117
TITLE
ACTION/LEGISLATIVE: Ordinance of the Council of the City of Palo Alto Amending Palo Alto
Municipal Code (PAMC) Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land)
to Clarify Existing Regulations and to Implement Recent State Housing Laws. Chapters 18.14
(Housing Incentives), 18.18 (Downtown Commercial District), 18.30(F) (Automobile Dealership
(AD) Combining District Regulations), 18.42 (Standard for Special Uses), 18.52 (Parking
Regulations) and 18.77 (Processing of Permits and Approvals), and 21.12 (Tentative Maps and
Preliminary Parcel Maps) are Amended, and Chapter 21.11 (Streamlined Subdivisions Resulting
in Ten or Fewer Parcels) is Added. CEQA - Exempt Pursuant to Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff and the Planning and Transportation Commission (PTC) recommend Council adopt the
attached ordinance and provide direction on whether further staff resources should be
dedicated to implementation of AB 2097.
EXECUTIVE SUMMARY
The attached draft ordinance would amend PAMC Titles 18 and 21 to address or implement
provisions of six State laws noted below. The draft ordinance would amend Title 18, Zoning,
Chapters 18.14 (Housing Incentives), 18.42 (Standard for Special Uses), 18.52 (Parking
Regulations), and 18.77 (Processing of Permits and Approvals), amend Title 21, Subdivisions and
Other Divisions of Land, Chapter 21.12 and add a chapter (Chapter 21.11).
1. Senate Bill (SB) 684, effective July 1, 2024 (Government Codes (GC) 65852.28, 65913.4.5,
and 66499.41), facilitates faster approval by ministerial process for projects with up to
ten homes or fewer with size and density criteria in zones allowing multiple-family
residential use and no larger than five acres in an urban area.
2. Senate Bill (SB) 4, effective January 1, 2024 (GC 65913.16) and set to expire January 1,
2036, facilitates faster approval by ministerial process for 100% affordable, low-income
housing on lands owned by colleges and religious organizations providing for the use of
objective standards.
3. Assembly Bill (AB) 2162, effective January 1, 2019 (GC 65650-65656), makes certain
supportive housing projects a use by-right in zones permitting multi-family housing uses.
4. Assembly Bill (AB) 894, effective January 1, 2024 (GC 65863.1), requires public agencies
to approve shared parking arrangements in certain circumstances.
5. Assembly Bill (AB) 2097, effective January 1, 2023 (GC 65863.2 and amending Section
65585), prohibits public agencies from imposing or enforcing a minimum parking
requirement on a residential, commercial, or other development project that is within
one-half mile of defined “major transit stop” (though transient lodging such as hotels
are exempted from this law).
6. Assembly Bill (AB) 970, effective January 1, 2023 (amending GC 65850.7 and adding GC
65850.71), does not have a limit on how many parking spaces can be removed to
accommodate Electric Vehicle Storage Equipment (EVSE); the draft ordinance eliminates
the City’s restriction.
In addition to the State law items, there are several non-State law ‘clean-up' items in the draft
ordinance which provide non-substantive clarifications to:
•Fix a footnote reference (Footnote 3 to Table 3 of Section 18.18.060 (Development
Standards) of Chapter 18.18 (Downtown Commercial (CD) District))
•Clarify permitted and conditionally permitted uses in Sections 18.30(F).040 and
18.20(F).045, respectively
•Added proposed NVCAP zone districts NV-MXM and NV-MXH to the list of zones cited
(CS and CN) for applicability of the section
•Amend Section 21.12.090 to clarify that tentative maps may be placed on the City
Council's consent agenda, consistent with the City's practice.
These revisions, unrelated to recent state legislation, do not represent any change in policy.
BACKGROUND
On May 29, 2024, the Planning and Transportation Commission (PTC) voted to forward the staff
recommendation to the City Council for adoption of the draft ordinance, except for a change to
PAMC Section 18.52.040(d) in response to AB 2097. Discussion of this change was continued to
July 10, 2024, because the PTC wished to have a broader policy discussion on the City response
to AB 2097.
With respect to AB 2097, the PTC ultimately recommended minor changes to the proposed
language in PAMC 18.52.040(d), and further recommended that the City Council:
1. Consider some modification of PAMC section 18.52.040(a) to mandate at least a
minimal number of ADA parking spaces for projects within ½ mile of public transit,
consistent with 65863.2 and the position taken by some cities responding to AB 2097,
2. Direct staff to develop a policy to provide ADA parking spaces on streets and other
public property within these areas within a ½ mile of public transit, and
3. Investigate the desirability of requiring at least a minimal number of EVSE parking
spaces for projects within ½ mile of public transit, consistent with 65863.2 and the
position taken by some cities responding to AB 2097.
The PTC staff reports1, videos2 and presentations3 are viewable via links provided below. The
ordinance the PTC recommends would amend Titles 18 and 21 to address or implement
provisions of State laws - Senate Bills (SB) SB 684, SB 4, AB 2162, AB 894, AB 970 and AB 2097,
and make several non-substantive revisions.
The six State laws the ordinance addresses are described further below:
1.SB 684:
Provides for a streamlined approval process for specific types of housing development projects
by making it a ministerial task, thereby bypassing discretionary review or hearings, and expands
CEQA exemptions for housing developments. It requires cities to allow up to the "Mullin"
densities specified by the Government Code (30 du/acre for Palo Alto). It requires projects to
provide the number of projected units (market rate and BMR) for sites identified in a housing
element or the maximum number of units allowed by the General Plan if not identified in HE. It
sets specific timelines for local agencies to approve or deny applications for such projects, such
that failure to act within 60 days would result in automatic approval. If denied, the City must
provide written feedback within 60 days on how to remedy the application.
The law allows the City to establish objective zoning, subdivision, or design standards for
qualifying projects. The attached ordinance refers to the City’s existing objective standards
established for Senate Bill (SB) 9 projects and for housing development projects (as defined in
GC 65589.5) as set forth in PAMC Title 18, Chapter 18.24 (Contextual Design Criteria and
Objective Design Standards). SB 684 also addresses the issuance of building permits, outlining
the conditions under which a permit would be granted prior to final map recordation. It states
that local agencies are not required to permit accessory or junior accessory dwelling units on
1 Links to July 10, 2024 PTC staff report: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/agendas-minutes/planning-and-transportation-commission/2024/ptc-7.10-muni-code-title-18.pdf and
May 29, 2024 staff report: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/agendas-minutes/planning-and-transportation-commission/2024/05.29-ptc-Zoning-Amendments.pdf
2 Links to May 29, 2024 video: https://midpenmedia.org/planning-and-transportation-commission-2-5292024/ and
July 10, 2024 video: https://midpenmedia.org/planning-and-transportation-commission-2-7102024/
July 10, 2024 PTC videos:
3 Link to staff presentations: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/agendas-minutes/planning-and-transportation-commission/2024/ptc-5.29-ordinance-update_staff-
presentation.pdf
parcels created under SB 684. Existing provisions regarding SB-9 urban lot splits and two-unit
housing developments don’t apply to SB 684 projects.
2.SB 4:
Streamlines the building process for faith-based institutions and certain colleges by providing a
process that allows 'qualified developers’ to build qualifying housing projects regardless of
zoning restrictions if certain requirements are satisfied. Such projects are therefore a "use by
right" on land owned by independent higher education or religious institutions. Among other
criteria, 100% of the units (exclusive of manager units) must be affordable to lower-income
households, with allowances for 20% moderate-income and 5% staff units. Ancillary ground-
floor uses are also permitted:
•In a single-family residential zone, childcare centers and facilities operated by community-
based organizations for the provision of recreational, social, or educational services for use
by the residents of the development and members of the local community in which the
development is located; and
•In all other zones, the development may include commercial uses that are permitted
without a conditional use permit.
Housing projects eligible for "use by right" status can also qualify for density bonuses,
incentives, and other concessions, including reduced parking standards. No additional parking
requirements can be imposed if the development is within half a mile of high-quality public
transit or one block from a car-share vehicle. The City must provide written documentation
outlining conflicts with objective planning standards within a specified timeframe and failure to
do so deems the project compliant. Design reviews can only focus on ministerial review criteria
and cannot inhibit or preclude such streamlined approval. The bill would extend the CEQA
exemption for ministerial project approvals. The provisions of this bill are set to expire on
January 1, 2036.
3. AB 2162:
Makes certain supportive housing projects a “use by right” in zones that permit multifamily
housing. To qualify:
(1) The project must be deed restricted to be affordable to lower income households for
a period of at least 55 years
(2) At least 25% of the units or 12 units, whichever is greater, must be restricted to
residents in supportive housing (i.e. housing for a target population that is linked to
onsite or offsite services)
(3) A certain percentage of square footage must be provided for on-site services
(4) The project cannot exceed 50 units, unless the City allows larger projects to be a use
by right
The City has implemented AB 2162 since it was adopted, including with the recent approval of
the Mitchell Park Place supportive housing project at 525 East Charleston Avenue. As part of
the Housing Element review process, however, HCD has asked that the City incorporate the bill
into its zoning code. Implementation of AB 2162 is included as Program 6.5(D) of the City’s
2023-2031 Housing Element.
4. AB 894:
Requires the City to approve shared parking agreements for contiguous or nearby uses where a
parking analysis shows that the proposed shared parking is “underutilized.” Parking is
“underutilized” if at least 20 percent of parking spaces in a development are vacant during the
time that the parking will be shared.
5. AB 2097:
Enables 100% reductions in required parking spaces for all uses except hotels within one-half
mile of the three train stations serving Palo Alto; these are the Palo Alto (aka University Av)
station, California Avenue Station, and San Antonio station. The requirements of AB 2097
generally apply to fixed rail station locations (with the slightly offset location of the bus transfer
service station near the University Avenue transit stop as shown on the attached map
(Attachment B). The applicable projects are development projects (any activity that requires a
building permit) on property depicted within the shaded radius circles on the City’s map are
exempt from minimum parking requirements. Developers must still meet local requirements
for loading zones and bicycle parking (i.e. all standards other than automobile parking). AB 2097
also states that it does not affect requirements for electric vehicle supply equipment or parking
spaces accessible to persons with disabilities.4 However, because these spaces are only
required as a percentage of automobile parking provided, Palo Alto’s approach is to only
require these spaces when a developer voluntarily provides parking spaces on site.
6. AB 970:
Has no limit on how many parking spaces can be removed to accommodate Electric Vehicle
Storage Equipment (EVSE); the draft ordinance eliminates the restriction in the local ordinance.
ANALYSIS
The proposed Palo Alto Municipal Code (PAMC) ordinance changes are briefly noted below:
•To address SB 684 and SB 4: Modifies PAMC Section 18.77.074, Ministerial and By Right
Process, to add SB 684 and SB 4 to the list of State bills subject to that code section.
•To address SB 684: Adds Section 18.42.185 (Standards for Up to Ten Units on Lots
Subdivided Pursuant to Senate Bill 684) of Chapter 18.42 (Standards for Special Uses) and
4 “This section shall not reduce, eliminate, or preclude the enforcement of any
requirement imposed on a new multifamily residential or nonresidential
development that is located within one-half mile of public transit to provide electric
vehicle supply equipment installed parking spaces or parking spaces that are
accessible to persons with disabilities that would have otherwise applied to the
development if this section did not apply.”
adds Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels). The new
Section 18.42.185 includes a reference to ’Ministerial and By Right Process’ in PAMC section
18.77.074. This process enables review of SB 684 project submittals against a checklist of
required submittals and allow for applicant consultation with staff on compliance with
objective standards and zoning regulations before creating expensive structural/mechanical
drawings and applying for a building permit. Courtesy notices to neighboring properties will
continue to be required; however, with non-discretionary projects, there are no mandatory
hearings or appeal process.
•To address SB 4: Adds Section 18.14.060 (By Right Affordable and Supportive Housing
Projects) that would enable a ministerial review process for 100% affordable housing
projects on land owned by an independent institution of higher education or a religious
institution. This section would clarify which objective standards apply to qualifying projects,
depending on the project size and scope. The ordinance proposes to apply the RM-30
development standards to projects under this section. This is consistent with the City’s
treatment of housing opportunity sites in the R-1 zones, as well as the requirement in SB 4
that qualifying projects may build to 30 du/ac and receive an additional story of height
beyond the base district. As with SB 684 projects, a ministerial review process would be
utilized for SB 4 projects to assist developers with their project submittals in consultation
with staff. Many religious institutions in Palo Alto are located on land owned R-1 (Single-
Family Residential). For discretionary projects in R-1 neighborhoods, notice cards are send
to property addresses within 150 feet of the project. Courtesy notices to neighboring
properties will continue to be required; however, with non-discretionary projects, there are
no mandatory hearings or appeal process.
•To address AB 2162: Adds Section 18.14.060 (By Right Affordable and Supportive Housing
Projects) that would also make qualifying supportive housing projects a use by-right,
permitting only ministerial review, and clarify which objective standards apply to qualifying
projects.
•To address AB 894: Amends Section 18.52.050 (Adjustments by the Director) to note that
shared parking agreements meeting the requirements of AB 894 will be approved, even if
they are inconsistent with existing provisions related to off-site parking or exceed the
current maximum parking adjustment.
•To address AB 2097: Revises 18.52.030 (Basic Parking Regulations) addresses a requirement
for TDM plans for projects utilizing AB 2097 to reduce automobile parking requirements. In
addition, the revision to 18.52.040 (Off-Street Parking, Loading, and Bicycle Facility
Requirements) requires projects, 50 dwelling units or more and doing away with
automobile parking entirely, to provide a short-term loading area for rideshare and similar
services. It incorporates the PTC recommended revision, on July 10, 2024, to item (d),
deleting the phrase ‘where feasible’.
•To address AB 970: The ordinance revises Section 18.52.050, Adjustments to Existing
Parking Facilities, item (a)(1) Accessibility and EVSE-Related Equipment to delete some
verbiage and add a phrase “to accommodate accessibility requirements”.
•To provide non-substantive clarifications: The attached draft ordinance’s following non-
substantive clarifications or 'clean-up' items would amend PAMC Titles 18 and 21.
o Chapter 18.18 (Downtown Commercial (CD) District) to fix a footnote 3 of Table 3 of
Section 18.18.060 (Development Standards)
o Chapter 18.20(F).045 to clarify permitted and conditionally permitted uses
o Chapter 18.30(F).040 (Automobile Dealership (AD) Combining District Regulations)
to clarify the permitted and conditionally permitted uses.
o Chapter 18.42 (in Section 8) to amend Section 18.42.040 (Late Night Uses and
Activities) to add zone districts NV-MXM and NV-MXH to the list of zone districts
cited (CS and CN) for applicability of the section. The City Council is scheduled to
review and adopt the North Ventura Coordinated Area Plan (NVCAP) on August 5,
2024.
o Section 21.12.090 to clarify that tentative maps may be placed on the City Council's
consent agenda, consistent with the City's practice.
PTC Recommendation on Additional Consideration of AB 2097
The PTC’s July 10, 2024 recommendations suggest a broader policy discussion in response to AB
2097. As noted above, AB 2097 does not preclude the City from imposing EV Charging and ADA
parking space requirements that would have applied in the absence of the bill. Palo Alto has
joined the majority of cities in applying EV and ADA requirements only when parking is offered
voluntarily. The PTC recommended that the City Council consider adopting the position of some
cities that new development must always provide ADA (and potentially EV) parking spaces,
even when no other parking is provided on site. Significant staff resources are required to
support a meaningful discussion of such a policy, including analysis of impacts on housing
development and on small sites in the Downtown and California Avenue areas, where
development is physically constrained and additional curb cuts may not be desirable. Staff
resources would need to be reallocated from other priorities in the department’s work plan.
FISCAL/RESOURCE IMPACT
In conjunction with Council adoption of the ordinance, PDS staff would coordinate with Public
Works Engineering regarding objective standards related to subdivisions proposed pursuant to
SB 684. At this time, staff does not plan to utilize consultants to prepare the objective
standards.
If the Council directs staff to engage in further study in response to AB 2097, further resources
would be needed; staff would return in response to Council direction with cost estimates for
fee study and consultant costs.
STAKEHOLDER ENGAGEMENT
Staff had prepared an informational report published in the November 8, 2023 PTC packet. The
PTC conducted a study session April 24, 2024, and conducted two hearings of the draft
ordinance, on May 29, 2024, and July 10, 2024.
ENVIRONMENTAL REVIEW
The draft Ordinance is considered exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that updating the municipal code to incorporate existing requirements of
State laws will have a significant effect on the environment, and similarly, there would be no
significant effect from the non-substantive clarifications.
ATTACHMENTS
Attachment A: Draft Ordinance Amending Sections of PAMC Title 18 and Title 21
Attachment B: AB2097 Map
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of
Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the
Palo Alto Municipal Code to Clarify Existing Regulations and to Implement Recent
State Housing Laws
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On October 11, 2023, the Governor of the State of California signed Senate Bill 684,
effective July 1, 2024. SB 684 requires the ministerial approval of certain subdivision
maps, planning entitlements, and building permits for developments of up to 10
residential units.
B. On October 11, 2023, the Governor signed Senate Bill 4, effective January 1, 2024. SB4
requires housing development projects to be "use by right" on land owned by
independent higher education or religious institutions, given certain conditions.
C. On October 11, 2023, the Governor signed Assembly Bill 894, effective January 1, 2024.
AB 894 requires local agencies to approve shared parking agreements that meet criteria
specified in the bill.
D. On September 22, 2022, the Governor signed Assembly Bill 2097, effective January 1,
2023. AB 2097, subject to certain limited exceptions, prohibits public agencies from
imposing or enforcing a minimum parking requirement on a residential, commercial, or
other development project that is within one- half mile of defined “public transit”
E. On October 8, 2021, the Governor signed Assembly Bill 970, effective as to Palo Alto on
January 1, 2023. AB 970 limits the discretion of local agencies when reviewing
applications to install electric vehicle charging stations.
F. On September 25, 2018, the Governor signed Assembly Bill 2162, effective January 1,
2019. AB 2162 makes certain supportive housing projects a use by-right in all zones that
permit multifamily residential uses. Although the City has been implementing this bill
since 2019, Program 6.5(D) of the 2023-2031 Housing Element requires the City to
incorporate the bill in the zoning code.
G. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to adopt regulations responding to and
implementing these state laws.
H. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council further desires to make non-substantive clarifications to existing provisions of the
Palo Alto Municipal Code.
*NOT YET APPROVED*
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SECTION 2. Section 18.42.185 (Standards for Up to Ten Units on Lots Subdivided Pursuant to
Senate Bill 684) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby added as follows:
18.42.185 Standards for Up to Ten Units on Lots Subdivided Pursuant to Senate Bill 684
(a) Purpose and Applicability
This section implements California Government Code Sections 65852.28, 65913.4.5, and
66499.41 (Senate Bill 684, 2023) by establishing regulations for development of up to ten
units on lots subdivided pursuant to Chapter 21.11.
(b) Review Qualifying Development Proposals
(1) Housing development projects on a lot or lots subdivided pursuant to Chapter 21.11
and California Government Code Section 66499.41 shall be ministerially reviewed and
processed through the City’s Ministerial and By Right Review Process (set forth in
PAMC Section 18.77.074), in accordance with Government Code Section 68582.28.
(2) Building permits for such projects may be issued prior to recordation of a final map,
in accordance with Government Code Section 65913.4.5.
(c) Development and Design Standards
(1) Housing development projects shall be subject to the development standards set
forth in the applicable zone district.
(2) Proposed parcels containing up to two units shall comply with all objective standards
for SB 9 projects, as adopted by the City Council, the Director of Planning and
Development Services, or the Director of Public Works, except that no setback shall
be required between units unless in accordance with the California Building Code, as
locally amended.
(3) Proposed parcels containing three or more residential units or mixed uses shall
comply with Chapter 18.24 (Contextual Design Criteria and Objective Design
Standards).
SECTION 3. Section 18.77.074 (Ministerial and By Right Review Process) of Chapter 18.77
(Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is
hereby amended as follows (additions underlined; deletions struck-through; unchanged text
omitted by bracketed ellipses):
18.77.074 Ministerial and By Right Review Process
(a) Purpose and Applicability
*NOT YET APPROVED*
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(1) This section is intended to define a streamlined, ministerial review process for
qualifying Housing Development Projects that are submitted pursuant to streamlining
provisions of state law, such as in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This
section shall apply to multi-family residential projects that are subject to ministerial review or
defined as a “use by right” in state law, including, but not limited to, Government Code sections
65651, 65583, 65583.2, and 65913.4. This section does not apply to the creation of an
accessory dwelling unit and/or junior accessory dwelling unit.
(2) The review required by this section shall not involve the exercise of discretion in a
manner that would constitute a “project” for purposes of the California Environmental Quality
Act (CEQA). This section does not, however, excuse a project involving a subdivision from
compliance with Title 21 and the subdivision map processes set forth therein, which may result
in a “project” for purposes of CEQA.
[. . .]
SECTION 4. Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels) of Title
21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code is hereby added as
follows:
21.11.010 Purpose
This chapter implements California Government Code Section 66499.41 (Senate Bill 684, 2023)
by establishing regulations for the ministerial subdivision of up to ten lots.
21.11.020 Applicability
This chapter applies only to proposed subdivisions that meet all of the requirements of California
Government Code Section 66499.41. A tentative map and final map shall be required for all
subdivisions under this Chapter, regardless of the number of parcels created.
21.11.030 Review
Qualifying tentative map applications shall be reviewed and processed ministerially in
accordance with California Government Code Section 66499.41. Final maps shall be reviewed and
processed in accordance with Chapter 21.16, except that a final map under this section may be
approved by the City Engineer and Director of Planning and Development Services.
21.11.040 Objective Subdivision Standards
The Director of Planning and Development Services may adopt administrative regulations to
create objective subdivision standards or clarify existing standards that apply to subdivisions
under this section.
SECTION 5. Section 18.14.060 (By Right Affordable Supportive Housing Projects) of Chapter 18.14
(Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as
follows:
*NOT YET APPROVED*
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18.14.060 By Right Affordable Housing and Supportive Housing Projects
(a) Affordable Housing on Higher Education and Religious Lands
(1) Notwithstanding any conflicting provision of this Title 18 or the Comprehensive
Plan, a qualifying housing development project under California Government
Code Section 65913.16 shall be a use by right.
(2) Housing development projects utilizing this section in the R-1 Single-Family
Residential District and the Low Density Residential Districts shall be subject to the
development standards for the RM-30 zoning district, except that maximum Floor
Area Ratio (FAR) shall be 1.25.
(3) All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(b) Supportive Housing in Multi-family and Mixed-use Zones
(1) Supportive housing shall be a use by right in zones where multifamily and mixed
uses are permitted, including nonresidential zones permitting multifamily uses, if
the proposed housing development satisfies all of the requirements of California
Government Code Sections 65650-65656.
(2) All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(c) Provided they comply with the City’s objective standards, by-right projects under this
section shall not be subject to any discretionary review nor environmental review under
the California Environmental Quality Act. By-right projects under this section shall be
processed in accordance with Section 18.77.074.
SECTION 6. Sections 18.52.030 (Basic Parking Regulations), 18.52.040 (Off-Street Parking,
Loading and Bicycle Facility Requirements), 18.52.045 (Adjustments to Existing Parking Facilities),
18.52.050 (Adjustments by the Director), and 18.52.070 (Parking Regulations for CD Assessment
District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby amended as follows (additions underlined; deletions struck-through,
and unchanged text omitted by bracketed ellipses):
18.52.030 Basic Parking Regulations
[. . .]
(i) Transportation Demand Management Plan
(1) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan to
reduce and manage the number of single-occupant motor vehicle trips generated by the
project shall be prepared and submitted by the applicant in the following circumstances:
A. For all projects that generate 50 or more net new weekday (AM or PM peak
hour) or weekend peak hour trips;
*NOT YET APPROVED*
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B. For all projects claiming a reduction in net new trips due to proximity to public
transit or the implementation of a TDM plan; and
C. For all projects requesting a parking reduction.
D. For all projects with reduced parking pursuant to California Government Code
Section 65863.2 (AB 2097, 2022).
(2) The Director shall have the authority to adopt guidelines for preparing TDM plans
and when applicable shall coordinate such guidelines with the Transportation
Management Association.
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
(a) Parking Requirements
In each district, off-street parking, loading and bicycle facilities for each use shall be provided in
accordance with Tables 1 and 2, shown in subsection (c) of this Section 18.52.040. For
affordable housing developments qualifying for density bonuses under Chapter 18.15 of the
Palo Alto Municipal Code, adjustments to parking requirements will be calculated in accordance
with Chapter 18.15. For projects within one-half mile of public transit, as defined in California
Government Code Section 65863.2, no automobile parking shall be required, but loading and
bicycle parking facilities shall be provided in accordance with this Section. The requirement for
any use not specifically listed shall be determined by the director on the basis of requirements
for similar uses, and on the basis of evidence of actual demand created by similar uses in Palo
Alto and elsewhere, and such other traffic engineering or planning data as may be available and
appropriate to the establishment of a minimum requirement.
[. . .]
(d) Residential and mixed use structures with fifty (50) or more dwelling units shall provide at
least one (1) on-site, short-term loading space for passenger vehicles, to be used by taxicabs
and similar transportation and delivery services. Unless a loading adjustment is approved
pursuant to Section 18.52.050, projects providing no automobile parking pursuant to California
Government Code Section 65863.2 shall provide one (1) on-site, short-term loading space for
passenger vehicles, to be used by taxicabs and similar transportation and delivery services.
18.52.045 Adjustments to Existing Parking Facilities
(a) The following minor adjustments may be made to existing parking facilities that are
intended to remain in substantially the same form after restriping.
(1) Accessibility and EVSE-related equipment.
For sites with existing development, the number on-site parking spaces may be reduced
to the minimum extent necessary to: (1) achieve state or federally mandated
accessibility requirements or (2) permit installation of electric vehicle charging stations,
*NOT YET APPROVED*
0160149_kb2_20240718_ay
as defined in California Government Code Section 65850.7.electrical utility equipment
required for EVSE. A maximum of 10% of the existing automobile parking stalls, or one
stall, whichever is greater, may be removed to accommodate accessibility requirements.
pursuant to this section. The loss of a parking space is not permitted to accommodate
EVSE itself. To the extent reasonably feasible, e Electrical equipment required for EVSE
shall should be placed in a location that minimizes visibility from the public right-of-way.
[. . .]
18.52.050 Adjustments by the Director
Automobile parking and off-street loading requirements prescribed by this chapter may be
adjusted by the director in the following instances and in accord with the prescribed limitations
in Table 4, when in his/her opinion such adjustment will be consistent with the purposes of this
chapter, will not create undue impact on existing or potential uses adjoining the site or in the
general vicinity, and will be commensurate with the reduced parking demand created by the
development, including for visitors and accessory facilities where appropriate. No reductions
may be granted that would result in provision of less than ten (10) spaces on a site. The
following are adjustments that apply to developments not located within a parking assessment
district. Adjustments within the parking assessment districts are contained in Section
18.52.080. The decision of the regarding parking adjustments may be appealed as set forth in
Chapter 18.78 (Appeals).
[. . .]
(e) Shared Parking Agreements
Notwithstanding the limitations set forth in Table 4, subdivision (a), and subdivision (c) of this
Section, the Director shall approve a parking adjustment where the applicant meets all of the
requirements of California Government Code Section 65683.1, including but not limited to,
preparation of a parking analysis and a recorded shared parking agreement.
[. . .]
18.52.070 Parking Regulations for CD Assessment District
[. . .]
(f) Minor Adjustments to Existing Parking Facilities
The following minor adjustments may be made to existing parking facilities that are intended to
remain in substantially the same form after restriping.
(1) Accessibility and EVSE-related equipment.
For sites with existing development, the number on-site parking spaces may be reduced
to the minimum extent necessary to: (1) achieve state or federally mandated
accessibility requirements or (2) permit installation of electric vehicle charging stations,
*NOT YET APPROVED*
0160149_kb2_20240718_ay
as defined in California Government Code Section 65850.7. electrical utility equipment
required for EVSE. A maximum of 10% of the existing automobile parking stalls, or one
stall, whichever is greater, may be removed to accommodate accessibility requirements.
pursuant to this section. The loss of a parking space is not permitted to accommodate
EVSE itself. To the extent reasonably feasible, e Electrical equipment required for EVSE
shall should be placed in a location that minimizes visibility from the public right-of-way.
[. . .]
SECTION 7. Footnote 3 to Table 3 of 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
hereby amended as follows (additions underlined; unchanged text omitted by bracketed
ellipses):
18.18.060 Development Standards
[. . .]
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
[. . .]
Footnotes:
[. . .]
(3) FAR may be increased with transfers of development, increased floor area for housing development projects
with 3-10 residential units pursuant to 18.18.065, 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.
[. . .]
SECTION 8. Chapter 18.30(F) (Automobile Dealership (AD) Combining District Regulations) of Title
18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined;
unchanged text omitted by bracketed ellipses):
Chapter 18.30(F) AUTOMOBILE DEALERSHIP (AD)COMBINING DISTRICT REGULATIONS
[. . .]
18.30(F).040 Permitted Uses
The following uses shall be permitted in the (AD) combining district:
(a) Automobile dealerships.
*NOT YET APPROVED*
0160149_kb2_20240718_ay
(b) All other uses permitted in the underlying district.
18.30(F).045 Conditional Uses
The following uses may be conditionally permitted in the (AD) district, subject to the issuance of
a conditional use permit in accord with Chapter 18.76 (Permits and Approval):
(a) All other conditional uses allowed in the underlying district.
[. . .]
SECTION 9. Section 18.42.040 (Late Night Uses and Activities) of Chapter 18.42 (Standards for
Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows
(additions underlined; deletions struck-through):
18.42.040 Late Night Uses and Activities
(a) Purpose
The purpose is to restrict retail or service commercial businesses abutting (either directly or
across the street) or within 50 feet of residentially zoned properties or properties with existing
residential uses located within nonresidential zones, with operations or activities between the
hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not
limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations,
but does not include garbage pick up.
(b) Requirements
(1) Retail (including restaurants) or service commercial businesses abutting or within 50
feet of residentially zoned properties or properties with existing residential uses located within
nonresidential zones, that are open or with operations or activities between the hours of 10:00
p.m. and 6:00 a.m. shall be operated in a manner to protect residential properties from
excessive noise, odors, lighting or other nuisances from any sources during those hours.
(2) Where planning or building permits are required or for a change in use that results in
any such commercial business in the CN, or CS, NV-MXM, and NV-MXH zone districts, operating
or with activities between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall
be obtained and conditions of approval shall be applied as deemed necessary to ensure the
operation is compatible with the abutting (or within 50 feet of) residential property. Said use
permit shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m.
SECTION 10. 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
*NOT YET APPROVED*
0160149_kb2_20240718_ay
to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 11. The Council finds that the Ordinance is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that there is no possibility that updating the municipal code to incorporate existing
changes in State Density Bonus Law will have a significant effect on the environment.
SECTION 12. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
Alma Street
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Oregon Expressway
University Avenue
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Charleston Road
Arastradero Road
San Antonio Road
Lytton Avenue
Hillview Avenue
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Lane 66Bowdoin Street
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(none)
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Laura Lane
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Tanland Drive
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Melville Avenue
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Palm Street
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Ben Lomond Drive
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Arcadia Place
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Timlott Lane
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Plum Lane
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Nevada Avenue South Court
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Fulton Street
Kipling Street
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Arastradero Road
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Ramona Street
Sheridan Avenue
Dana Avenue
Hy 101 North
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Byron Street
Tasso Street
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Stanford University
Menlo Park
Los Altos
Los Altos Hills
East Palo Alto
Mountain View
Atherton
This map is a product of City of Palo Alto GIS
[
0 0.4 0.80.2 Miles
AB 2097 - Half Mile from Major Transit Stops
AB 2097 Major Transit StopsAB 2097 Half-Mile AreaCity Limit
Rev. 8/1/2024
Palo Alto Station
Cal Ave Station
San Antonio Station
Presentation: Albert Yang and Amy French www.cityofpaloalto.org
Ordinance to
Implement State Laws Plus Clarifications of
Existing Regulations
City Council
August 12, 2024
2
Staff Recommendation
Staff and the Planning and Transportation Commission recommend the City Council:
•Adopt an ordinance amending the Palo Alto Municipal Code Titles 18 (Zoning) and
21 (Subdivisions and Other Divisions of Land) to clarify existing regulations and to
implement recent State land use laws:
•Amend Chapters 18.14 (Housing Incentives), 18.18 (Downtown Commercial
District), 18.30(F) (Automobile Dealership (AD) Combining District Regulations),
18.42 (Standard for Special Uses), 18.52 (Parking Regulations) and 18.77
(Processing of Permits and Approvals), and
•Amend Chapter 21.12 (Tentative Maps and Preliminary Parcel Maps)
•Add Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels)
•Exclude proposed amendments to Section 18.52.040.
3
Recent State Land Use Laws for Implementation
SB 684 effective 7-1-24 –ministerial approval of up to 10 homes –18.42.185, 18.77.074, and 21.111
3
2
4
6
5
SB 4 effective 1-1-24 –housing by right on higher ed and religious lands –18.14.060 and 18.77.074
AB 2162 effective 1-1-19 –supportive housing by right –18.14.060 and 18.77.074
AB 894 effective 1-1-24 –shared parking –18.52.050
AB 2097 effective 1-1-23 –reduce parking near transit –18.52.030 and TBD
AB 970 effective 1-1-23 –ministerial review of EVSE installations –18.52.045 and 18.52.070
Draft Ordinance Clean-Up (Non-State Law) Items
4
Non-substantive clarifications to existing regulations in Titles 18 and 21 include:
•Fixes Footnote 3, Table 3, PAMC 18.18.060 (CD District Development Standards)
•Clarifies permitted/conditionally permitted uses PAMC 18.30(F).040, 18.20(F).045
•Adds the new NVCAP zone districts NV-MXM and NV-MXH to PAMC 18.42.040
•Amends PAMC 21.12.090 -tentative maps on the Council's consent agenda
5
AB 2097 Consideration
•Staff recommends removing all provisions related to AB 2097
•PAMC 18.52.030: related to TDM plans
•18.52.040(a): implements state law
•18.52.040(d): on-site loading space
•Staff to return tentatively in October with more information to support policy direction on AB 2097