HomeMy WebLinkAboutStaff Report 2409-3482CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Tuesday, November 12, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
8.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18
(Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing
Regulations and to Implement State Housing Laws Adopted in 2023 and earlier. Provide
Direction on: (1) Implementation of AB 2097 (2022) and (2) Implementation of Recently
Adopted State Housing Laws from the 2023-24 Legislative Session. CEQA Status - Exempt
Pursuant to CEQA Guidelines Section 15061(b)(3). Staff Presentation
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: November 12, 2024
Report #:2409-3482
TITLE
FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and
Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State
Housing Laws Adopted in 2023 and earlier. Provide Direction on: (1) Implementation of AB 2097 (2022)
and (2) Implementation of Recently Adopted State Housing Laws from the 2023-24 Legislative Session.
CEQA Status - Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends that the City Council:
1. adopt the attached ordinance implementing state law and other minor amendments to
Titles 18 and 21 of the municipal code;
2. direct staff to apply AB 2097 to properties within the radius depicted in Attachment B;
3. provide direction on whether to require some on-site accessible and/or electric vehicle
charging spaces, even when no other parking is proposed, including direction on
alternatives such as exploration of an in-lieu program or provision of additional
accessible spaces in the right of way or in public land;
4. direct staff to prepare an urgency ordinance for placement on the consent calendar to
implement various land use-related state law changes from the 2024 state legislative
session.
EXECUTIVE SUMMARY
This report includes an ordinance that modifies local zoning and subdivision provisions in
accordance with recent changes to state law from the 2023 legislative session and earlier. Some
minor amendments are also proposed unrelated to state law that do not have any meaningful
policy implications but clarify existing municipal code provisions.
For the 2024 legislative session, staff recommend that Council provide direction for staff to
return before the end of the year with an urgency ordinance that would implement required
changes to the municipal code. A summary of relevant new legislation is provided in this report.
AB 2097 (2022) is discussed at length compared to other state law changes to respond to
questions that have arisen over the past several months. Staff recommendations include
applying this state law to a geographic boundary based on the boarding platform area for major
transit stops. Staff recommends a policy approach that would require on-site accessible and
electric vehicle charging parking spaces in AB 2097 areas, provided direction is also received to
amend the code to implement an in-lieu parking program for these spaces. Staff further
recommends the Council direct staff to consider an additional accessible parking strategy in
areas impacted by AB 2097.
BACKGROUND
On May 29, 2024, the Planning and Transportation Commission (PTC) voted to forward the staff
recommendation on a draft ordinance to the City Council but continued its discussion regarding
changes to Palo Alto Municipal Code (PAMC) Section 18.52.040(d) related to AB 2097 to July 10,
2024. The PTC made minor adjustments to this section, which have been incorporated into the
attached ordinance, and further recommends the City Council:
1. Consider a mandate to require at least a minimal number of ADA parking spaces for
projects within one-half mile of a major transit stop, consistent with 65863.2 and the
position taken by some cities responding to AB 2097;
2. Direct staff to develop a policy that provides accessible parking spaces on streets and
other public property within one-half mile of a major transit stop; and,
3. Investigate the desirability of requiring at least a minimal number of electric vehicle
parking spaces for projects within one-half mile of a major transit stop, 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 PAMC Titles 18 and 21 to address or implement
provisions of state laws - Senate and Assembly Bills SB 684, SB 4, AB 2162, AB 894, AB 970 and
AB 2097, and make several non-substantive revisions.
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
The six state laws the ordinance addresses are summarized further below:
1.SB 684:
The law requires streamlined, ministerial review of parcel maps and housing development
projects of up to 10 units that meet certain criteria. Projects must provide the number of
projected units (market rate and BMR) for sites identified in a housing element or, for sites not
identified in the housing element, the maximum number of units allowed by local regulation. 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
parcels created under SB 684. Existing provisions regarding SB-9 urban lot splits and two-unit
housing developments cannot be combined with 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 major transit stops, as defined in state law. The requirements of AB 2097 generally
apply to fixed rail station locations (Palo Alto, aka University Ave, station, California Avenue
Station, and San Antonio station) 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, though this provision is unclear and susceptible to
differing interpretations.4
The PTC as part of its review of the subject ordinance and separately, the City Council in August
when it considered AB 2097 relative to the North Ventura Coordinated Area Plan, questioned
the applicability of the law toward electric vehicle supply equipment or parking spaces
accessible to persons with disabilities. Both bodies also expressed concern about extending SB
2097 to other properties within the NVCAP and University Avenue downtown that were just
beyond the one-half mile radius set forth in the state law. Both of the topics are expanded upon
further in the analysis section.
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 PAMC ordinance changes are briefly noted below with an expanded discussion
related to AB 2097:
•To address SB 684 and SB 4: Modifies PAMC Section 18.77.074, Ministerial and By Right
Process, to indicate the list of State bills referenced in that code section is not exclusive.
•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
adds Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels). The new
Section 18.42.185 includes a reference to the ’Ministerial and By Right Process’ in PAMC
section 18.77.074. While some “ministerial” projects apply directly for building permits, this
process applies to more complex projects that would benefit from staff review and approval
for consistency with objective standards and zoning regulations before the applicant creates
expensive structural/mechanical drawings and applies 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.
4 Excerpt from AB 2097: “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.”
•To address SB 4 and AB 2162: 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 (SB 4) as well as supportive housing projects (AB 2162). 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 SB 4 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.
Many religious institutions in Palo Alto are located on land owned R-1 (Single-Family
Residential). 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 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 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.
•Chapter 18.18 (Downtown Commercial (CD) District) to fix a footnote 3 of Table 3 of
Section 18.18.060 (Development Standards)
•Chapter 18.20(F).045 to clarify permitted and conditionally permitted uses
•Chapter 18.30(F).040 (Automobile Dealership (AD) Combining District Regulations)
to clarify the permitted and conditionally permitted uses.
•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.
•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.
•To address AB 2097: The ordinance revises PAMC 18.52.030 (Basic Parking Regulations) to
implement a parking exemption for qualifying projects within one-half mile of a major
transit stop. A major transit stop is a defined term in state law and referenced in AB 2097 to
include an existing rail or bus rapid transit station; a ferry terminal served by either a bus or
rail transit service; or the intersection of two or more major bus routes with a frequency of
service interval of 15 minutes or less during the morning and afternoon peak commute
periods.5 For Palo Alto, the latter only occurs at the bus transfer service station near the
University Avenue transit stop. There are three transit stations whose AB 2097 radii extend
to properties in Palo Alto: University Avenue, California Avenue and San Antonio Road
(Mountain View) transit stations.
Methodology to Determine Applicability
The methodology for determining the radius is not specified in AB 2097 but HCD has issued
a technical assistance letter on November 17, 2023, to the City of San Clemente
(Attachment C) that provides guidance. According to HCD, the methodology for determining
if a property is eligible for AB 2097 is to measure the distance from the nearest edge of the
property where the project is proposed in a straight, direct line toward to the parcel(s)
where the major transit stop is located. Unfortunately, the parcels for Caltrain stations in
Palo Alto have highly irregular shapes that extend along the right-of-way occupied by the
rail tracks between stations (Attachment D). As a result, the parcel boundaries have no
relationship to the locations where trains stop and where individuals would board or exit.
Accordingly, based on the intent of state law and understanding of HCD’s technical
assistance letter, staff recommends the City use the Caltrain or bus station platforms and
associated buildings as the area boundary from which to measure the one-half mile radius.
Establishing the platforms as the parcel boundary aligns with the idea that individuals within
a short distance of a rail station will likely access this service using means other than a single
occupancy vehicle. Attachment B illustrates this interpretation and how staff would
evaluate applicability of AB 2097 toward qualifying projects. Properties touching or within
the radius boundary, as per HCD guidance, can utilize AB 2097 provisions.
Previously, staff represented the one-half mile radius using a point at the center of the
transit station. This perspective was formed shortly after the passage of AB 2097 and based
on guidance from Metropolitan Transportation Commission maps. The current staff
recommendation results in a wider area of eligibility in recognition of HCD’s technical
assistance letter to another jurisdiction.
5 AB 2097 includes a reference to the definition of a major transit stop found in Public Resources Code Section
21155 (b), which states: ‘A major transit stop is as defined in Section 21064.3, except that, for purposes of this
section, it also includes major transit stops that are included in the applicable regional transportation
plan.’. Section 21064.3 defines a major transit stop as including the following:
a) An existing rail or bus rapid transit station.
b) A ferry terminal served by either a bus or rail transit service.
c) The intersection of two or more major bus routes with a frequency of service interval of 15 minute
The 15 minute interval refenced in c) above will change to a 20 minute interval by new bill effective 1/1/25; this
will not result in any changes to the AB 2097 boundary in Palo Alto.
Transportation Demand Management Plan Requirement
The subject ordinance includes a staff proposed requirement supported by the PTC to
require a transportation demand management plan for applicants seeking to take
advantage of AB 2097. The TDM plan would be subject to existing provisions of the
municipal code (PAMC 18.52.030 (i))6 and require a 20% to 45% reduction in peak hour
motor vehicle trips depending on where a project is located in the city. Typically, a TDM
plan is required for projects that generate 50 or more net new weekday or weekend peak
hour trips; for projects claiming a reduction in net new trips due to its proximity to public
transit; and all projects requesting a parking reduction. Similarly, a project utilizing the
provisions of AB 2097 seeks to reduce or eliminate on-site parking and will inherently rely
upon TDM measures to reduce vehicle trips to the site and incorporation of this provision is
an extension of existing local law. The City Council could decide to strike this added
provision in the draft ordinance and rely on existing parking resources in areas subject to AB
2097 if it does not agree with staff and the PTC’s recommendation.
Accessible and Electric Vehicle Parking Spaces
City Council policy direction is needed on whether to assert that accessible and electric
vehicle charging stations (ADA & EVCS) parking should be required for projects utilizing AB
2097.
State law includes a provision that AB 2097 ‘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.’
Because ADA & EVCS spaces are typically required as a percentage of on-site parking under
the California Building Codes, many jurisdictions implement this provision to require these
percentages when a developer voluntarily provides parking on-site. If a developer elected
not to provide parking, no ADA or EVCS spaces would be required. Under this view, the
provision simply means that AB 2097 cannot be used override the minimum percentages of
ADA & EVCS spaces provided in the building codes. In other words, a developer cannot
voluntarily provide some parking spaces but choose not to provide any ADA or EVCS spaces.
By contrast, some jurisdictions interpret the bill to require the number of ADA & EVCS
spaces that would be required if the project provided the total parking that would have
been required prior to the passage of AB 2097; potentially a substantially higher number of
on-site parking spaces.
6 PAMC 18.52.030 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-80975.
By requiring a development to provide ADA & EVCS parking, even when no other parking is
proposed, the City would continue to create opportunities to improve universal access to
sites and expand the City’s electrification infrastructure to support its carbon reduction
goals. However, requiring ADA & EVCS parking may create other challenges related to
project costs and urban design principles. In addition, requiring ADA and EVCS parking when
parking is not otherwise provided could invite legal challenges given the ambiguity in the
law.
Parcel sizes and lot areas within the AB 2097 radius tend to be small in Palo Alto. And, lot
consolidation historically has not been a feature of local land use development for a variety
of reasons. AB 2097 is expected to spur redevelopment but this may be hampered when
trying to design ADA & EVCS parking spaces on a smaller lot. The first ADA parking spaces
placed on a site, must include an adjacent ADA compliant van-accessible loading area,
which is equivalent to a second parking space. This is roughly the area of a two car garage,
but it also needs to take into consideration an accessible path of travel from the parking
space to the building’s entrance and account for sight visibility requirements and back up
distances. If additional ADA & EVCS parking spaces are required, it is likely these spaces will
need to be placed on another level that may introduce additional constraints related to
drive aisles and ramping between levels. On-site parking may require an additional curb cut,
which may not be ideal in a pedestrian-oriented environment. Above grade parking can
present other undesirable urban design characteristics (aesthetics) or reduce ground level
commercial floor area and below grade, or subterranean parking, may be cost prohibitive
for some developers. Moreover, before AB 2097 was enacted, downtown developers could
take advantage of the City’s in-lieu parking program, which had no replacement policy for
ADA & EVCS parking spaces.
Some of these challenges could be mitigated by offering developers an in-lieu fee option for
any accessible and EVCS spaces that are required. However, an in-lieu program comes with
its own pitfalls, including the delay associated with accumulating a critical mass of funds.
This can mean that no benefit is provided from the fees for many years and because of
increasing costs over time, fees do not go as far when they are eventually expended. In
addition, in-lieu fees are a poor fit for ADA spaces, which are most effective when
distributed throughout a commercial area rather than grouped in a potentially distant
parking lot or structure. The City has encountered numerous practical and legal challenges
to the use of parking in-lieu fees in the University Avenue downtown area; it may not be
desirable to recreate this type of program with an even smaller pool of potential fees.
Alternatively, as conceptually supported by the PTC, the City could look at developing a
policy to distribute ADA parking spaces on streets or other public property within the AB
2097 radius. While this policy may limit direct on-site access to a specific property,
distributing ADA spaces throughout the district could expand universal access to a greater
number of individuals visiting these areas and would not just serve an AB 2097 qualifying
project’s tenants or visitors. It should also be noted that on-street parking spaces dedicated
as ADA spaces would likely replace spaces currently available to the general public.
Staff has not developed or fully evaluated all the pros and cons with this policy approach
and it is not anticipated that there would be a one for one equivalency of ADA parking
spaces provided on the public right of way as may have been provided on private property.
Nevertheless, staff recommends that if of interest, the City Council provide this direction for
staff to report back with options on implementation, costs, and any resource constraints.
Staff from the Office of Transportation are currently working on a municipal code parking
update scheduled to go to the PTC later this year and this effort could potentially be
included that policy discussion. This approach also coincides with efforts underway in the
City’s public works department, which already has an operational system in place for
installing EVCS spaces in the public right of way and it is also creating a new electric mobility
strategic plan through the City’s S/CAP efforts.
Based on the practical challenges and legal risks described above, the attached ordinance
has been drafted to not require on-site ADA or EVCS parking spaces for qualifying AB 2097
projects. If Council wishes to provide alternative direction, staff can return with a separate
ordinance to implement that direction in early 2025. If Council is inclined to require ADA
and EVCS parking, staff offers the following secondary recommendation: The on-site parking
requirement should be paired with an in-lieu fee option. This in-lieu fee could be based on
the cost to convert existing spaces in the right-of-way and in public lots to ADA and EVCS
spaces. This would mitigate the problem of needing to accumulate significant funds before
the fees can be expended.
Additionally, staff recommends, if a developer elects to voluntarily provide parking spaces
on-site, that the City apply the following approach:
•For ADA spaces – the local percentage required shall be applied to the project based
on the number of parking spaces provided on-site;
•For EV spaces – the local percentage required shall be applied to the total number of
required parking spaces that would have been required if the project were not
subject to AB 2097.
The staff recommends a two-tiered approach for ADA and EV parking spaces in this scenario
for the following reasons:
1. Incentivizing Voluntary Parking. ADA spaces are always the first spaces added to a
parking plan due the statutory requirement for this form of parking, general parking
follows. Requiring a high proportion of ADA spaces, which can only be used by
qualified disabled individuals, may discourage developers from providing any
parking if it does not yield sufficient general parking spaces. Using the building
code’s formula-based approach to the number of spaces provided, as opposed to
what would have been required, balances these interests.
2. Addressing EVCS Parking Demand. EVCS spaces have more versatility
accommodating both individuals with disabilities and electric vehicle owners. Also,
electric vehicle adoption is also greatest in the Bay Area and Palo Alto is a leader
among those communities with 50% of the new vehicles purchased and 16% of all
registered vehicles being electric.7 This increased demand necessitates a dedicated
approach to ensure sufficient infrastructure availability.
3. Managing Infrastructure Costs. EVCS spaces require significant infrastructure
investments, which can be costly. The in-lieu fee option offers a way to offset these
costs and encourage EVCS infrastructure development.
4. Balancing ADA and EV Requirements. While local building codes mandate a specific
percentage of ADA spaces, EVCS parking requirements are more flexible. By
strategically placing a limited number of ADA spaces throughout the district, the city
can mitigate the potential shortfall from on-site development. However, the growing
demand for EV charging infrastructure requires a separate strategy to ensure
adequate availability.
Enforcing a Minimum Parking Requirements by Making Specified Findings
Government Code section 65863.2(b) provides that a local jurisdiction may still impose or
enforce minimum parking requirements on a project if the agency makes written findings
within 30 days of receiving a completed application that reducing parking requirements on
the development would have a substantially negative impact, supported by a
preponderance of the evidence in the record, on any of the following:
1. The jurisdiction’s ability to meet its share of the regional housing need in accordance
with Section 65584 for low- and very low-income households.
2. The jurisdiction’s ability to meet any special housing needs for the elderly or persons
with disabilities identified in the analysis required [for the Housing Element].
7 Based on 2023 data published in Appendix E of the 11/12/24 Quarterly Report on Sustainability and Climate
Action Plan (S/CAP) Implementation and S/CAP Key Performance Indicators Annual Progress Report (Report 2407-
3266).
3. Existing residential or commercial parking within one-half mile of the housing
development project.
Of these three options, the third appears to have the broadest applicability; however, it
only applies to housing development projects. In other words, this would not be a basis for
imposing parking requirements on commercial projects under AB 2097. In addition, with
respect to housing projects, the statute goes on to stipulate that the above findings cannot
be used to require parking for housing development projects that satisfy any of the
following:
A. The development dedicates a minimum of 20 percent of the total number of housing
units to very low, low-, or moderate-income households, students, the elderly, or
persons with disabilities.
B. The development contains fewer than 20 housing units.
C. The development is subject to parking reductions based on the provisions of any
other applicable law.
In short, there are a limited class of projects for which the City could utilize findings to
impose parking requirements: housing projects with 20 or more units that do not provide at
least 20 percent of units for moderate income households, students, elderly persons or
persons with disabilities, and that are not utilizing parking reductions provided in any other
law such as State Density Bonus law.
For such a project, the City would still face a high bar to make the required findings. Given
the limited time to conduct the analysis needed to support the required findings (30 days
from the filing of a complete application), staff does not envision being able to make
project-specific findings that would compel a project to meet minimum on-site parking
requirements. The City would have to prepare parking demand studies in advance for each
of the relevant areas where AB 2097 may be utilized. The study would need to show a
“substantial negative impact,” and the City’s findings would need to be supported by a
preponderance of the evidence.
If the Council directs the proactive preparation of parking studies, staff will return during
the Council’s priority setting discussion with a description of the work effort and study
parameters, resource costs and identify other Council priority projects that may be
impacted with the inclusion of this assignment. Given the limited applicability of qualifying
projects and the high bar to produce evidence of a substantial negative impact, staff does
not recommend initiating this study.
Extending Provisions of AB 2097 to the Extent of the Downtown & NVCAP Project
Boundaries
As part of its review of the North Ventura Coordinated Area Plan (NVCAP), the City Council
declined to extend the provisions of AB 2097 to other nearby properties within the project
boundaries but just beyond the one-half mile radius. The Council expressed a perspective
that the provisions of the AB 2097 should not be extended beyond the minimum standard
prescribed by the state. In an earlier draft of this report, staff recommended the City
Council consider extending AB 2097 to another six properties in the downtown University
Avenue district. However, based on Council’s guidance from the NVCAP hearing, staff has
omitted this extension. As drafted in the attached ordinance, the provisions of AB 2097
would only apply to those qualifying projects that meet the distance measuring
methodology detailed in this report and graphically illustrated in Attachment B.
PTC Recommendation on Additional Consideration of AB 2097
On May 29 and July 10, 2024, the PTC considered the draft ordinance and policy
recommendations to Council. The PTC’s ordinance revisions have been reflected in the
ordinance. The PTC’s policy discussion related to AB 2097 have been incorporated into the
analysis above for Council’s consideration.
2024 State Legislative Amendments
The legislature continues to pass significant housing and land use legislation affecting cities. In
total over 30 planning and land use bills were signed by the Governor in September 2024, and a
select number are highlighted below. The most significant bills for Palo Alto address the
Builder’s Remedy and SB 9. Other bills look forward to the next housing element cycle.
Builder’s Remedy
AB 1893 – Significantly amends and expands the Builder’s Remedy, including:
•Lower the amount of affordable housing required from 20% lower income units
to 13% lower income units.
•Creates upper limits on density – generally three times the maximum allowed in
local regs. This figure is increased by 35 du/ac for projects near transit.
•A Builder’s Remedy project cannot be treated as a non-complying facility.
•Allows a pending Builder’s Remedy application to take advantage of any or all of
the newly enacted provisions.
AB 1886 – Clarifies that an SB 330 preliminary application can “vest” the Builder’s
Remedy – i.e. the Builder’s Remedy is still available to a developer even if the City has
subsequently adopted a certified housing element.
SB 9
AB 450 – Amends SB 9 to create a 60-day timeframe for approval or denial of an SB 9
application. Requires that SB 9 projects only be subject to those objective standards that
apply uniformly in the underlying zone.
Housing Element Law
AB 2023 – A housing element is presumed to be invalid if HCD has opined that it is not in
substantial compliance with state law.
AB 2667 – Requires the HCD to develop a standardized reporting format for programs
and actions taken with regards to AFFH.
AB 3093 – Creates two new income categories, Acutely Low Income (ALI) and Extremely
Low Income (ELI), to the Regional Housing Needs Allocation (RHNA) and throughout the
housing element process to include those experiencing or at risk of homelessness.
Other
SB 937 – Allows housing developers to defer payment of impact fees until issuance of a
certificate of occupancy; freezes fees at the level in effect at the time of building permit
issuance.
AB 2663 – Requires cities to establish a website with information on collection and use
of housing impact fees.
SB 1211 – Allows up to 8 detached ADUs on parcels with existing multifamily
development. Cities can no longer require replacement parking for uncovered parking
spaces that are removed for an ADU.
AB 2553 – Redefines “major transit stop” to include the intersection of two or more bus
routes with 20 minute headways rather than the existing requirement for 15-minute
headways.
AB 2694 – Expands density bonus law to apply to elder care facilities.
Of these bills, SB 450 (SB 9 update), SB 937 (deferred impact fees), SB 1211 (ADUs), and AB
2694 (density bonus) require amendments to the Palo Alto Municipal Code. Staff recommend
that Council provide direction to return in December 2024 with an urgency ordinance amending
the code to reflect these bills.
The only bill requiring policy analysis is SB 450, due to its requirement that the only objective
standards that may apply to SB 9 projects are those that apply uniformly to the underlying
zone. Currently, the City has adopted a series of objective standards (based on results of the
Single-Family Individual Review process) that apply only to SB 9 projects, which are generally
lower than R-1 development standards in terms of height, daylight plane and objective privacy
standards.
Until a comprehensive analysis of SB 450 can be prepared and presented to Council for
consideration, staff recommends the SB 9 standards for one-story homes be suspended, while
the standards for two-story homes be applied throughout the R-1 district. Two-story, single-
family projects may then utilize those standards for streamlined review or may elect to go
through the Individual Review process to deviate from the standards.
SB 450 has the potential to reduce the number discretionary Individual Review applications
processed in the City in favor of an administrative process that would not include neighbor
input. The extent and implications of this change will be based on the future standards the City
applies to SB 9 projects.
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
may 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
related to AB 2097. 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: AB 2097 Map (City of Palo Alto)
Attachment C: AB 2097 Transit Distance Criteria – Letter of Technical Assistance (HCD)
Attachment D: Caltrain Platforms and Associated Parcels
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
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council of the City of Palo Alto 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.
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:
*NOT YET APPROVED*
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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
(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
*NOT YET APPROVED*
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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.
21.11.050 Accessory Dwelling Units Prohibited
Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on lots created
pursuant to 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:
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
*NOT YET APPROVED*
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(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;
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
*NOT YET APPROVED*
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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 an 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, 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).
[. . .]
*NOT YET APPROVED*
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(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, 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:
[. . .]
*NOT YET APPROVED*
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(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.
(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
*NOT YET APPROVED*
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0160158_kb2_20241030_ay16
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 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.
//
//
//
//
//
//
//
//
//
//
//
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*NOT YET APPROVED*
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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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
Middlefield Road
Cowper Street
Waverley Street
Alma Street
El Camino Real
Louis Road
Hy 101 South
Ross Road
Hy 101 North
Webster Street
Bryant Street
Channing Avenue
East Bayshore Road
Page Mill Road
Hamilton Avenue
Oregon Expressway
Lincoln Avenue
San Antonio Road
University Avenue
Newell Road
Seale Avenue
South Court
High Street
Park Boulevard
East Meadow Drive
Stanford Avenue
West Bayshore Road
Colorado Avenue
Hanover Street
Miranda AvenueFoothill Expressway
Fabian Way
Homer Avenue
Greer Road
Ramona Street
Charleston Road
Edgewood Drive
Loma Verde Avenue
Everett Avenue
Churchill Avenue
Arastradero Road
Matadero Avenue
Lowell Avenue
Center Drive
Tennyson Avenue
Los Robles Avenue
California Avenue
Barron Avenue
Hillview Avenue
Palo Alto Avenue
Kingsley Avenue
Maybell Avenue
Hansen Way
Wilkie Way
Coleridge Avenue
Byron Street
Ely Place
Manuela Avenue
Oregon Avenue
Amarillo Avenue
Marion Avenue
North California Avenue
Emerson Street
Pitman Avenue
Laguna Avenue
Grove Avenue
Ferne Avenue
Nelson Drive
Porter Drive
Castilleja Avenue
Chimalus Drive
Hale Street
College Avenue
Amherst Street
Seneca Street
Lane 66Bowdoin Street
Stockton Place
Harker Avenue
Deer Creek Road
Embarcadero Road
Ames Avenue
El Dorado Avenue
La Para Avenue
Grant Avenue
Birch Street
Hawthorne Avenue
Harriet Street
Coyote Hill Road
Columbia Street
Clara Drive
Georgia Avenue
Rhodes Drive
San Antonio Avenue
Cambridge Avenue
El Verano Avenue
Olive Avenue
La Donna Street
El Camino Way
Parkinson Avenue
Kipling Street
Kellogg Avenue
Heather Lane
Alger Drive
Florales Drive
Oxford Avenue
Forest Avenue
101 Oregon-Embarcadero Ramp North
Greenwood Avenue
Monroe Drive
Cornell Street
Sherman Avenue
Boyce Avenue
Amaranta Avenue
Oberlin Street
West Charleston Road
Nathan Way
Donald Drive
Urban Lane
Harvard Street
Hopkins Avenue
Wilton Avenue
Dana Avenue
Sutherland Drive
Fife Avenue
Iris Way
Fulton Street
Lambert Avenue
Marshall Drive
Josina Avenue
101 Oregon-Embarcadero Ramp South
Williams Street
David Avenue
(none)
Old Adobe Road
El Carmelo Avenue
Geng Road
Orme Street
Montrose Avenue
Parkside Drive
Princeton Street
Walnut Drive
Maddux Drive
Sheridan Avenue
Curtner Avenue
Jacaranda Lane
Wildwood Lane
Elsinore Drive
Morris Drive
Mariposa Avenue
Fernando Avenue
Stanley Way
Miller Avenue
Leland Avenue
Moreno Avenue
Barbara Drive
Creekside Drive
Sutter Avenue
Margarita Avenue
Edlee Avenue
Ventura Avenue
Arbutus Avenue
Chaucer Street
Shopping Center Way
Embarcadero Way
Walter Hays Drive
Jackson Drive
Willmar Drive
Kenneth Drive
Sand Hill Road
Carolina Lane
Martin Avenue Patricia Lane
Whitclem Drive
Cereza Drive
Paul Avenue
Guinda Street
Towle Way
Old Trace Road
Tennessee Lane
Orinda Street
Ilima Way
Santa Ana Street
Encina Grande Drive
Briarwood Way
Bruce Drive
Los Palos Avenue
Commercial Street
Lane 21
Faber Place
Ruthven Avenue
Miramonte Avenue
Lois Lane
West Meadow Drive
Gailen Avenue
Laguna Way
Whitsell Street
Northampton Drive
Southampton Drive
Scripps Avenue
Pomona Avenue
Janice Way
Bibbits Drive
Madrono Avenue
Warren Way
Yale Street
Mayview Avenue
Evergreen Drive
Stelling Drive
Rorke Way
El Centro Street
Ivy Lane
New Mayfield Lane
Ashton Avenue
Military Way
McKellar Lane
Cedar Street
Robb Road
Jefferson Drive
Dake Avenue
Santa Rita Avenue
Addison Avenue
Saint Claire Drive
Rinconada Avenue
Second Street
Encina Avenue
Seminole Way
Alester Avenue
Silva AvenueKelly Way
Indian Drive
Escobita Avenue
Quarry Road
Glenbrook Drive
Manuela Court
Garland Drive
Hubbartt Drive
Christine Drive
Lane 39
Kings Lane
Bryson Avenue
Talisman Drive
Campana Drive
Oak Hill Avenue
Fabian Street
Murdoch Drive
Deodar Street
Terman Drive
Nevada Avenue
Madison Way
Sequoia Avenue
Southwood Drive
Crescent Drive
Colonial Lane
East Meadow CircleRichardson Court
Lane 33
James Road
Vista Avenue
Lupine Avenue
Campesino Avenue
Hilbar Lane
Portola Avenue
Park Avenue
Poe Street
Suzanne Drive
La Calle
Cypress Lane (Private)
Chestnut Avenue
Roble Ridge (Private)
Kendall Avenue
Mumford Place
Sycamore Drive
Thain Way
Vernon Terrace
Celia Drive
Washington Avenue
Redwood Circle
Dennis Drive
Arboretum Road
Roosevelt CircleLa Selva Drive
Solana Drive
Manzana Lane
Ortega Court
Ash Street
De Soto Drive
Rambow Drive
Portage Avenue
Bryant Court
Ruthelma Avenue
Elwell Court
Torreya Court
Magnolia Drive
Paradise Way
Cork Oak Way
Manuela Way
Carlson Circle
Clemo Avenue
Coastland Drive
Wellsbury Way
Fairmede Avenue
Stern Avenue
Mitchell Lane
Fallen Leaf Street
Everett Court
Maclane
Pepper Avenue
Community Lane
Verdosa Drive
Thomas Drive
Abel Avenue
Wells Avenue
Fielding Drive
Maplewood Avenue
Tulip Lane
Lane 7 East
Acacia Avenue
Ross Court
Mackay Drive
Berryessa Street
Ilima Court
Tasso Street
Mesa Avenue
Stone Lane
Lane B East
Coulombe Drive
Lytton Avenue
Lane D EastLane 8 West
Lane 7 West
Miranda Green
Mark Twain Street
Lane A West
El Cerrito Road
Maple Street
Whitman Court
Lane B West
Orchard Lane
Laura Lane
Dinah's Court
Lane D West
Gaspar Court
Primrose Way
Lane 15 East
Tanland Drive
Lane 59 East
Irven Court
Agnes Way
Baker Avenue
Morton Street
May Court
Murray Way
Driftwood Drive
Melville Avenue
Silva Court
Pear Lane
Greenmeadow Way
Corina Way
Phillips Road
Palm Street
Saint Michael Drive
Lane 30
Blair Court
Cesano Court
Gilman Street
Paloma Drive (Private)
Wellesley Street
Thornwood Drive
Holly Oak Drive
Cerrito Way
El Cajon Way
Tioga Court
Wright Place
Vineyard Lane
Pistache Place
West Crescent Drive
Duncan Place
Moana Court
Sandra Place
San Jude Avenue
McGregor Way
Miller Court
Downing Lane
Florence Street
Peral Lane
Ben Lomond Drive Shasta Drive
Ensign Way
Dartmouth Street
Diablo Court
Wilson Street
Bret Harte Street
Erstwild Court
Carmel Drive
Cass Way
Arcadia Place
Lane 6 East
Burnham Way
Villa Vista (Private)
Saint Francis Drive
Ramos Way (Private)
Cardinal Way
Hemlock Court
Layne Court
Flowers Lane
Timlott Lane
Drake Way
Lindero Drive
Simkins Court
Wintergreen Way
Marlowe Street
Shauna Lane
Lane 5 East
Dixon Place
Corporation Way
Maybell Way
Altaire Walk
Sedro Lane
Midtown Court
Sierra Court
Portal Place
Lane 12 West
Cowper Court
Chabot Terrace
Ashby Drive
El Capitan Place
none
Rickeys Way (Private)
Keats Court
Maureen Avenue
Talisman Court
La Mata Way
Mimosa Lane
Quail Drive (Private)
Clifton Court
Staunton Court
Arrowhead Way
Scott Street
Higgins Place
Arbol Drive
101 E Oregon On Ramp South
Ellsworth Place (Private)
Lawrence Lane
Federation Way
Sharon Court
Ryan Lane (Private)
Juniper Lane (Private)
Randers Court
Centennial Walk
Paulsen Lane
Manchester Court
Rosewood Drive
Sweet Olive Way
Old Trace Court
Moffett Circle
Bautista Court
Magnolia Drive South
Cherry Oaks Place
Ynigo Way
Adobe Place
Metro Circle
Anton Court
San Carlos Court (Private)
Pratt Lane (Private)
Amherst Way
Lundy Lane
Allen Court
Louisa Court
Watson Court
Van Auken CircleEast Greenwich Place
Bellview Drive
Kent Place
Villa Vera (Private)
Matadero Court
Saint Michael Court
Pena Court
Columbia Place
Tevis Place
Palo Road
Nelson Court
Ames Court
Rincon Circle
Island Drive
Davenport Way
Leghorn Street
Hamilton Court
Newell Place
Duluth Circle
Piers Court
Regent Place
Gary Court
Genevieve Court
Gailen Court
Driscoll Place (Private)
Elmdale Place
Charleston Court
Julie Court
Green Manor
Forest Court
Old Page Mill Road
Magnolia Drive North
Camino Court
Lane 56 (Private)
Frandon Court
Carlitos Court
Victoria Place
Nogal Lane
Boronda Lane
Somerset Place
Wallis Court
Loma Verde Place
Barclay Court
Newberry Court
Laguna Oaks Place
Laguna Court
Darlington Court
Fairfield Court
David CourtMarion Place
Ferne Court
Dymond Court (Private)
Amherst Court
Alma Village Lane (Private)
Martinsen Court
Bowdoin Place
Wellsbury Court
Crosby Place
Rickeys Lane (Private)
Los Palos Circle
George Hood Lane
Byron Street
(none)
Byron Street
Wilkie Way
Ash Street
Byron Street
Lytton Avenue
Dana Avenue
Kipling Street
Moreno AvenueTasso Street
Byron Street
Fulton Street Fulton Street
High Street
Foothill Expressway
Kipling Street
Hy 101 North
Ramona Street
Dartmouth Street
High Street
Tasso Street
Palo Alto Avenue
Hamilton Avenue
Moreno Avenue
Wellesley Street
Park Boulevard
Dartmouth Street
Thomas Drive
Emerson Street
Ramona Street
South Court
Arastradero Road
Addison Avenue
Addison Avenue
Tasso Street
Quarry Road
Sutter Avenue
North California Avenue
Santa Rita Avenue
Page Mill Road
South Court
Oregon Expressway
Nevada Avenue
Bryant Street
Kipling Street
Kendall Avenue
San Jude Avenue
Maclane
Guinda Street
Santa Rita Avenue
Ash Street
Ramona Street
Page Mill Road
Washington Avenue
Tasso Street
Emerson Street
Lytton Avenue
Oregon Avenue
Ramona Street
Lane 15 East
Oregon Avenue
Hawthorne Avenue
Kendall Avenue
Kingsley Avenue
San Antonio Road
Colorado Avenue
Kellogg Avenue
Webster Street
College Avenue
Georgia Avenue
Tasso Street
West Bayshore Road
Miranda Avenue
Byron Street
Emerson Street
Fulton Street
Ash Street
Matadero Avenue
Sheridan Avenue
Oregon Avenue
Birch Street
Sycamore Drive
Park Boulevard
Melville Avenue
Los Altos
Los Altos Hills
Stanford University
Menlo Park
Mountain View
East Palo Alto
Atherton
This map is a product of City of Palo Alto GIS
[
0 0.35 0.70.175 Miles
Half-Mile from AB2097 Transit Platforms
Legend
AB2097 Transit PlatformHalf-Mile from AB2097 Transit PlatformSchoolsParksCity Limit
£¤101
§¨¦280
Rev: October 23, 2024
Palo Alto Caltrain Station
California Ave. Caltrain Station
San Antonio Caltrain Station
Palo Alto Transit Center
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov
November 17, 2023
Adam Atamian, Community Development Director
City of San Clemente
910 Calle Negocio, Suite 100 San Clemente, CA 92672
Dear Adam Atamian:
RE: AB 2097 Transit Distance Criteria – Letter of Technical Assistance
This letter provides technical assistance regarding the application of Assembly Bill (AB) 2097 (Chapter 459, Statues of 2022). The California Department of Housing and Community
Development (HCD) received a technical assistance request from Kristine Michaels
(Applicant), seeking clarification on how to measure the one-half mile distance to a major transit stop required under AB 2097. The letter is provided for the benefit of both the City of San Clemente (City) and the Applicant.
Summary of Request
HCD understands the Applicant submitted an application to the City for an accessory dwelling unit (ADU) conversion project at 240 W. Mariposa Avenue. The project proposes to convert an existing carport into an approximately 668.5 square-foot ADU. The City has
approved a conceptual plan verifying that the project meets local zoning regulations and
does not require additional off-street parking to be provided to serve the ADU. However, because the project is located in the Coastal Zone and the City does not have a fully certified Local Coastal Program (LCP) at this time, the project also requires a Coastal Development Permit (CDP) from the California Coastal Commission (Coastal
Commission). HCD understands that the Applicant has submitted its CDP application,
including the approved conceptual plan from the City, to the Coastal Commission for review. It appears that the Coastal Commission is exploring potential parking mitigation measures for the project including the removal of red curbed areas to create more on-street parking and/or an annual in lieu parking mitigation fee. However, the applicant
desires to utilize the reduced minimum parking requirements under AB 2097 for
residential development within one-half mile of a major transit stop.
AB 2097 is codified at Government Code Title 7, Division 1, Chapter 4, Article 2, Section 65863.2 and became effective January 1, 2023. This law limits the ability of a
public agency to impose minimum automobile parking requirements for residential,
Adam Atamian, Community Development Director
Page 2
commercial, or other qualifying development projects within one-half mile of a major
public transit stop. HCD has authority to enforce AB 2097 pursuant to Government Code section 65585, subdivision (j)(12).
The sole question posed by the requestor relates to the method of measurement used to determine whether a project site is located within one-half mile of a major transit stop, thus becoming eligible for the benefits of AB 2097. Specifically, the requester asks whether the one-half mile distance should be measured in a straight line from parcel
edge to the transit stop or based on the walking distance from parcel edge to the transit stop. This letter provides technical assistance clarifying how to measure the one-half mile distance to a major transit stop for the purposes of AB 2097.
AB 2097 Transit Distance Criteria
Under AB 2097, “A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.” (Gov. Code, § 65863.2, subd. (a).) Additionally, Government Code section 65863.2, subdivision (e)(5), defines “public
transit” to mean a major transit stop as defined in Section 21155 of the Public Resources Code.
Major Transit Stop Definition in the Public Resources Code
Section 21155, subdivision (b), of the Public Resources Code states, “A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan.” Section 21064.3 defines a major transit stop as a site containing any of the following:
(a) An existing rail or bus rapid transit station. (b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak
commute periods.
Based on the above, the San Clemente Pier Station Train Stop would qualify as a major transit stop under Public Resources Code, Section 21064.3, subdivision (a), because it is an existing rail transit station served by the Metrolink rail system.
AB 2097 Path of Measurement
For the purposes of AB 2097, the one-half mile distance to a major transit stop should be measured in a straight, direct line from the nearest edge of the parcel containing the
project site to any point on the parcel(s) that make up the property upon which a major
Adam Atamian, Community Development Director
Page 3
transit stop is located. Generally, measurements are to be taken in a straight, direct line
from parcel edge to parcel edge unless otherwise specified in statute. This is in keeping with the “ordinary meaning” of how required distances are typically measured in state housing laws absent specific statutory instructions to the contrary. AB 2097 does not contain any language that indicates that the one-half mile distance should be measured
based on walking distance. Additionally, the definitions of a major stop in Section 21155
and Section 21064.3 of the Public Resources Code do not reference walking distance. Had the Legislature intended for the one-half mile distance in AB 2097 to be based on walking distance, it could have included language to that effect as seen in other state housing laws such as ADU Law (Gov. Code, § 65852.2, subds. (c) and (d)) and Senate
Bill 9 (Gov. Code, § 65852.21, subd. (c)(1)(A)1).
This determination is consistent with other one-half mile distances to public transit employed elsewhere in state statutes that do not specify walking distance, such as AB 2162 (Gov.
Code, § 656542) and SB 35 (Gov. Code, § 65913.4, subd. (e)(1)(A)3). This determination
also most closely aligns with AB 2097’s intent as outlined in Government Code section, 65863.2, subdivision (i), which states that “the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as
outlined in this section.”
1 “A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms
are defined in Section 21155 of the Public Resources Code.” (Gov. Code, § 65852.2,
subd. (c)(2)(D)(ii).)
“Where the accessory dwelling unit is located within one-half mile walking distance of public transit.” (Gov. Code, § 65852.2, subd. (d)(1)(A).)
“The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.” (Gov. Code, § 65852.21, subd. (c)(1)(A).)
2 “If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.” (Gov. Code § 65654.)
3 “The development is located within one-half mile of public transit.” (Gov. Code §
65913.4, subd. (e)(1)(A).)
Adam Atamian, Community Development Director
Page 4
Conclusion
For the purposes of AB 2097, the one-half mile distance to a major transit stop should be measured in a straight line from the nearest edge of the parcel containing the proposed project to any point on the parcel(s) that make up the property upon which a major transit stop is located. Using this method of measurement, the ADU conversion project
proposed at 240 W. Mariposa Avenue is less than one-half mile from the San Clemente
Pier Train Station and therefore meets this criterion under AB 2097. This technical assistance provides a consistent methodology for measuring distance and is more inclusive than other alternatives, thereby maximizing the housing production potential of AB 2097.
If you have questions or need additional information, please contact Deepeaka Dhaliwal, of our staff, at Deepeaka.Dhaliwal@hcd.ca.gov.
Sincerely,
Shannan West Housing Accountability Unit Chief
Middlefield Road
Cowper Street
Waverley Street
Alma Street
El Camino Real
Louis Road
Hy 101 South
Ross Road
Hy 101 North
Webster Street
Bryant Street
Channing Avenue
East Bayshore Road
Page Mill Road
Hamilton Avenue
Oregon Expressway
Lincoln Avenue
San Antonio Road
University Avenue
Newell Road
Seale Avenue
South Court
High Street
Park Boulevard
East Meadow Drive
Stanford Avenue
West Bayshore Road
Colorado Avenue
Hanover Street
Miranda AvenueFoothill Expressway
Fabian Way
Homer Avenue
Greer Road
Ramona Street
Charleston Road
Edgewood Drive
Loma Verde Avenue
Everett Avenue
Churchill Avenue
Arastradero Road
Matadero Avenue
Lowell Avenue
Center Drive
Tennyson Avenue
Los Robles Avenue
California Avenue
Barron Avenue
Hillview Avenue
Palo Alto Avenue
Kingsley Avenue
Maybell Avenue
Hansen Way
Wilkie Way
Coleridge Avenue
Byron Street
Ely Place
Manuela Avenue
Oregon Avenue
Amarillo Avenue
Marion Avenue
North California Avenue
Emerson Street
Pitman Avenue
Laguna Avenue
Grove Avenue
Ferne Avenue
Nelson Drive
Porter Drive
Castilleja Avenue
Chimalus Drive
Hale Street
College Avenue
Amherst Street
Seneca Street
Lane 66Bowdoin Street
Stockton Place
Harker Avenue
Deer Creek Road
Embarcadero Road
Ames Avenue
El Dorado Avenue
La Para Avenue
Grant Avenue
Birch Street
Hawthorne Avenue
Harriet Street
Coyote Hill Road
Columbia Street
Clara Drive
Georgia Avenue
Rhodes Drive
San Antonio Avenue
Cambridge Avenue
El Verano Avenue
Olive Avenue
La Donna Street
El Camino Way
Parkinson Avenue
Kipling Street
Kellogg Avenue
Heather Lane
Alger Drive
Florales Drive
Oxford Avenue
Forest Avenue
101 Oregon-Embarcadero Ramp North
Greenwood Avenue
Monroe Drive
Cornell Street
Sherman Avenue
Boyce Avenue
Amaranta Avenue
Oberlin Street
West Charleston Road
Nathan Way
Donald Drive
Urban Lane
Harvard Street
Hopkins Avenue
Wilton Avenue
Dana Avenue
Sutherland Drive
Fife Avenue
Iris Way
Fulton Street
Lambert Avenue
Marshall Drive
Josina Avenue
101 Oregon-Embarcadero Ramp South
Williams Street
David Avenue
(none)
Old Adobe Road
El Carmelo Avenue
Geng Road
Orme Street
Montrose Avenue
Parkside Drive
Princeton Street
Walnut Drive
Maddux Drive
Sheridan Avenue
Curtner Avenue
Jacaranda Lane
Wildwood Lane
Elsinore Drive
Morris Drive
Mariposa Avenue
Fernando Avenue
Stanley Way
Miller Avenue
Leland Avenue
Moreno Avenue
Barbara Drive
Creekside Drive
Sutter Avenue
Margarita Avenue
Edlee Avenue
Ventura Avenue
Arbutus Avenue
Chaucer Street
Shopping Center Way
Embarcadero Way
Walter Hays Drive
Jackson Drive
Willmar Drive
Kenneth Drive
Sand Hill Road
Carolina Lane
Martin Avenue Patricia Lane
Whitclem Drive
Cereza Drive
Paul Avenue
Guinda Street
Towle Way
Old Trace Road
Tennessee Lane
Orinda Street
Ilima Way
Santa Ana Street
Encina Grande Drive
Briarwood Way
Bruce Drive
Los Palos Avenue
Commercial Street
Lane 21
Faber Place
Ruthven Avenue
Miramonte Avenue
Lois Lane
West Meadow Drive
Gailen Avenue
Laguna Way
Whitsell Street
Northampton Drive
Southampton Drive
Scripps Avenue
Pomona Avenue
Janice Way
Bibbits Drive
Madrono Avenue
Warren Way
Yale Street
Mayview Avenue
Evergreen Drive
Stelling Drive
Rorke Way
El Centro Street
Ivy Lane
New Mayfield Lane
Ashton Avenue
Military Way
McKellar Lane
Cedar Street
Robb Road
Jefferson Drive
Dake Avenue
Santa Rita Avenue
Addison Avenue
Saint Claire Drive
Rinconada Avenue
Second Street
Encina Avenue
Seminole Way
Alester Avenue
Silva AvenueKelly Way
Indian Drive
Escobita Avenue
Quarry Road
Glenbrook Drive
Manuela Court
Garland Drive
Hubbartt Drive
Christine Drive
Lane 39
Kings Lane
Bryson Avenue
Talisman Drive
Campana Drive
Oak Hill Avenue
Fabian Street
Murdoch Drive
Deodar Street
Terman Drive
Nevada Avenue
Madison Way
Sequoia Avenue
Southwood Drive
Crescent Drive
Colonial Lane
East Meadow CircleRichardson Court
Lane 33
James Road
Vista Avenue
Lupine Avenue
Campesino Avenue
Hilbar Lane
Portola Avenue
Park Avenue
Poe Street
Suzanne Drive
La Calle
Cypress Lane (Private)
Chestnut Avenue
Roble Ridge (Private)
Kendall Avenue
Mumford Place
Sycamore Drive
Thain Way
Vernon Terrace
Celia Drive
Washington Avenue
Redwood Circle
Dennis Drive
Arboretum Road
Roosevelt CircleLa Selva Drive
Solana Drive
Manzana Lane
Ortega Court
Ash Street
De Soto Drive
Rambow Drive
Portage Avenue
Bryant Court
Ruthelma Avenue
Elwell Court
Torreya Court
Magnolia Drive
Paradise Way
Cork Oak Way
Manuela Way
Carlson Circle
Clemo Avenue
Coastland Drive
Wellsbury Way
Fairmede Avenue
Stern Avenue
Mitchell Lane
Fallen Leaf Street
Everett Court
Maclane
Pepper Avenue
Community Lane
Verdosa Drive
Thomas Drive
Abel Avenue
Wells Avenue
Fielding Drive
Maplewood Avenue
Tulip Lane
Lane 7 East
Acacia Avenue
Ross Court
Mackay Drive
Berryessa Street
Ilima Court
Tasso Street
Mesa Avenue
Stone Lane
Lane B East
Coulombe Drive
Lytton Avenue
Lane D EastLane 8 West
Lane 7 West
Miranda Green
Mark Twain Street
Lane A West
El Cerrito Road
Maple Street
Whitman Court
Lane B West
Orchard Lane
Laura Lane
Dinah's Court
Lane D West
Gaspar Court
Primrose Way
Lane 15 East
Tanland Drive
Lane 59 East
Irven Court
Agnes Way
Baker Avenue
Morton Street
May Court
Murray Way
Driftwood Drive
Melville Avenue
Silva Court
Pear Lane
Greenmeadow Way
Corina Way
Phillips Road
Palm Street
Saint Michael Drive
Lane 30
Blair Court
Cesano Court
Gilman Street
Paloma Drive (Private)
Wellesley Street
Thornwood Drive
Holly Oak Drive
Cerrito Way
El Cajon Way
Tioga Court
Wright Place
Vineyard Lane
Pistache Place
West Crescent Drive
Duncan Place
Moana Court
Sandra Place
San Jude Avenue
McGregor Way
Miller Court
Downing Lane
Florence Street
Peral Lane
Ben Lomond Drive Shasta Drive
Ensign Way
Dartmouth Street
Diablo Court
Wilson Street
Bret Harte Street
Erstwild Court
Carmel Drive
Cass Way
Arcadia Place
Lane 6 East
Burnham Way
Villa Vista (Private)
Saint Francis Drive
Ramos Way (Private)
Cardinal Way
Hemlock Court
Layne Court
Flowers Lane
Timlott Lane
Drake Way
Lindero Drive
Simkins Court
Wintergreen Way
Marlowe Street
Shauna Lane
Lane 5 East
Dixon Place
Corporation Way
Maybell Way
Altaire Walk
Sedro Lane
Midtown Court
Sierra Court
Portal Place
Lane 12 West
Cowper Court
Chabot Terrace
Ashby Drive
El Capitan Place
none
Rickeys Way (Private)
Keats Court
Maureen Avenue
Talisman Court
La Mata Way
Mimosa Lane
Quail Drive (Private)
Clifton Court
Staunton Court
Arrowhead Way
Scott Street
Higgins Place
Arbol Drive
101 E Oregon On Ramp South
Ellsworth Place (Private)
Lawrence Lane
Federation Way
Sharon Court
Ryan Lane (Private)
Juniper Lane (Private)
Randers Court
Centennial Walk
Paulsen Lane
Manchester Court
Rosewood Drive
Sweet Olive Way
Old Trace Court
Moffett Circle
Bautista Court
Magnolia Drive South
Cherry Oaks Place
Ynigo Way
Adobe Place
Metro Circle
Anton Court
San Carlos Court (Private)
Pratt Lane (Private)
Amherst Way
Lundy Lane
Allen Court
Louisa Court
Watson Court
Van Auken CircleEast Greenwich Place
Bellview Drive
Kent Place
Villa Vera (Private)
Matadero Court
Saint Michael Court
Pena Court
Columbia Place
Tevis Place
Palo Road
Nelson Court
Ames Court
Rincon Circle
Island Drive
Davenport Way
Leghorn Street
Hamilton Court
Newell Place
Duluth Circle
Piers Court
Regent Place
Gary Court
Genevieve Court
Gailen Court
Driscoll Place (Private)
Elmdale Place
Charleston Court
Julie Court
Green Manor
Forest Court
Old Page Mill Road
Magnolia Drive North
Camino Court
Lane 56 (Private)
Frandon Court
Carlitos Court
Victoria Place
Nogal Lane
Boronda Lane
Somerset Place
Wallis Court
Loma Verde Place
Barclay Court
Newberry Court
Laguna Oaks Place
Laguna Court
Darlington Court
Fairfield Court
David CourtMarion Place
Ferne Court
Dymond Court (Private)
Amherst Court
Alma Village Lane (Private)
Martinsen Court
Bowdoin Place
Wellsbury Court
Crosby Place
Rickeys Lane (Private)
Los Palos Circle
George Hood Lane
Byron Street
(none)
Byron Street
Wilkie Way
Ash Street
Byron Street
Lytton Avenue
Dana Avenue
Kipling Street
Moreno AvenueTasso Street
Byron Street
Fulton Street Fulton Street
High Street
Foothill Expressway
Kipling Street
Hy 101 North
Ramona Street
Dartmouth Street
High Street
Tasso Street
Palo Alto Avenue
Hamilton Avenue
Moreno Avenue
Wellesley Street
Park Boulevard
Dartmouth Street
Thomas Drive
Emerson Street
Ramona Street
South Court
Arastradero Road
Addison Avenue
Addison Avenue
Tasso Street
Quarry Road
Sutter Avenue
North California Avenue
Santa Rita Avenue
Page Mill Road
South Court
Oregon Expressway
Nevada Avenue
Bryant Street
Kipling Street
Kendall Avenue
San Jude Avenue
Maclane
Guinda Street
Santa Rita Avenue
Ash Street
Ramona Street
Page Mill Road
Washington Avenue
Tasso Street
Emerson Street
Lytton Avenue
Oregon Avenue
Ramona Street
Lane 15 East
Oregon Avenue
Hawthorne Avenue
Kendall Avenue
Kingsley Avenue
San Antonio Road
Colorado Avenue
Kellogg Avenue
Webster Street
College Avenue
Georgia Avenue
Tasso Street
West Bayshore Road
Miranda Avenue
Byron Street
Emerson Street
Fulton Street
Ash Street
Matadero Avenue
Sheridan Avenue
Oregon Avenue
Birch Street
Sycamore Drive
Park Boulevard
Melville Avenue
Los Altos
Los Altos Hills
Stanford University
Menlo Park
Mountain View
East Palo Alto
Atherton
This map is a product of City of Palo Alto GIS
[
0 0.35 0.70.175 Miles
AB2097 Transit Platforms & Associated Parcels
Legend
AB2097 Transit PlatformAB2097 Transit Platform ParcelsCity LimitSchoolsParks
£¤101
§¨¦280
Rev: October 31, 2024
Palo Alto Caltrain Station
California Ave. Caltrain Station
San Antonio Caltrain Station
Palo Alto Transit Center
November 12, 2024 www.cityofpaloalto.org
State Housing Laws
Implementation Ordinance
1
Ordinance
State Housing Laws
SB 684: The law requires streamlined, ministerial review of parcel maps
and housing development projects of up to 10 units that meet
certain criteria
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
AB 2162: Makes certain supportive housing projects a “use by right” in
zones that permit multifamily housing.
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.”
AB 970: Has no limit on how many parking spaces can be removed to
accommodate Electric Vehicle Storage Equipment
Other non-substantive amendments
2
Ordinance
State Housing Laws
AB 2097: Exempts required parking spaces for all uses except hotels within
one-half mile of the major transit stops
•Ordinance reflects exemption
•AB 2097 map updated based on prior HCD guidance letter
•TDM Plan requirement to apply to qualifying projects
3
Ordinance
AB 2097: Policy Guidance Needed on Accessible & Electric Vehicle Parking
‘shall not…preclude…any requirement…to provide
electric vehicle…accessible [parking spaces]…that would have otherwise
applied to the development if this section did not apply.’
Two Options:
1.Require ADA / EVCS parking based on the amount of voluntary parking
provided on-site, or
2.Require ADA / EVCS parking based the full amount that would have
been required if AB 2097 did not apply
Challenges/Considerations
•Design/cost implications especially for smaller lots
•Alternative policy direction for ADA/EVCS parking throughout the district
4
Ordinance
AB 2097: Findings for Enforcing Minimum Parking Requirements
Within 30 days written findings the development would have a substantially
negative impact, supported by a preponderance of the evidence in the record,
on any of the following:
1.…ability to meet its share of the regional low and very low housing needs
2.…ability to meet any special housing needs for the elderly or persons with
disabilities
3.Existing residential or commercial parking within one-half mile of the
housing development project.
If findings were made it only applies to:
•housing projects with 20 or more units that do not provide at least 20
percent of units for moderate income households, students, elderly
persons or persons with disabilities, and that are not utilizing parking
reductions provided in any other law such as State Density Bonus law.
5
2024 State Legislative Amendments
2024 State Housing Laws
Several new state laws related to:
•Builder’s remedy
•SB 9
•Housing Element Law
•ADUs, deferred impact fees + others
Laws That Require Local Amendments
•AB 450 (SB 9)
•SB 937 (deferred impact fees)
•SB 1211 (ADUs)
•AB 2694 (State Density Bonus Law)
Recommendation: Direct staff to return with an urgency ordinance on the
consent calendar to implement prior to the start of 2025.
6
Recommended Action
•Adopt an ordinance modifying the municipal code to
implement state housing laws from 2023 or earlier
•Provide direction on AB 2097 implementation
•Direct staff to prepare emergency ordinance for 2024 state
legislative changes
Jonathan Lait
Director
Jonathan.lait@cityofpaloalto.org
(650) 329-2679