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HomeMy WebLinkAboutStaff Report 2412-3948CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, March 03, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D; 3.4A-D; and 6.2A). CEQA Status -- Addendum to the Comprehensive Plan Environmental Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101). Public Comment, Staff Presentation City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: March 3, 2025 Report #:2412-3948 TITLE FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D; 3.4A-D; and 6.2A). CEQA Status -- Addendum to the Comprehensive Plan Environmental Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101). RECOMMENDATION Staff recommends that the City Council amend Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) (Attachment A) to implement Programs 3.3A, B, and D, 3.4A-D, and 6.2A of the Housing Element regarding the Affordable Housing Incentive Program (AHIP), Housing Incentive Program (HIP), and Retail Preservation Ordinance. EXECUTIVE SUMMARY The 2023-2031 Housing Element, adopted by the City Council on April 15, 2024, and certified by the California Department of Housing and Community Development (HCD) on August 20, 2024, includes two key implementation programs to support affordable and market-rate multifamily housing development beyond the housing sites inventory: •Housing Element Program 3.3 outlines amendments to the Affordable Housing Incentive Program (AHIP) to streamline, incentivize, and improve project feasibility of affordable housing projects. •Housing Element Program 3.4 seeks to expand development incentives in the Housing Incentive Program (HIP); extend the HIP to additional zoning districts to facilitate housing production; and modify the Retail Preservation Ordinance to reduce constraints on housing development.1 1 This draft ordinance does not include implementation of Program 3.3C regarding State Density Bonus Law updates, nor Program 3.4E regarding the El Camino Real Focus Area expansion, which will proceed through separate work efforts. Incentives for larger units (3+ bedrooms) through the HIP also serve to implement Housing Element Program 6.2A. BACKGROUND The City approved a 102-unit residential mixed-use development at 788 San Antonio Road. The project, which includes 16 below- market rate units, was awarded additional residential density through the HIP. Affordable Housing Incentive Program The City enacted an Affordable Housing Overlay in 2018 to promote 100% affordable housing development. In July 2022, the City modified the Affordable Housing Overlay district into the AHIP program to streamline the approval process. Currently, AHIP projects are eligible for increased density, taller heights, and reduced parking ratios, among other benefits. Eligibility is currently limited to projects that are: •100% affordable rental housing (up to 120 percent of Area Median Income [AMI]); •Located within ½ mile from CalTrain or ¼ mile from a bus transit corridor; and •Located in the CD, CC, CN, CS, or North Ventura zoning districts. The City has received only one development project application utilizing the AHIP. Given the narrow eligibility criteria and recent changes in State Density Bonus Law, changes to the AHIP are warranted to make sure that the program is providing a real incentive for affordable housing development compared to State law. Wilton Court, at 3705 El Camino Real, used the AHIP to increase residential density otherwise allowed at the site and construct 59 units affordable to low-income households. State Streamlining Incentives Recent State laws offer qualifying development projects streamlined review, often with limited public hearings and/or subject to ministerial approvals. The City originally developed the HIP and AHIP incentive programs to retain full architectural review by the Architectural Review Board (ARB) in exchange for relaxed development standards. However, for these local programs to be effective and used, they must provide incentives for developers that exceed what is attainable under State law. Recent and commonly used State law programs are summarized and compared to the HIP and AHIP in Attachment F. Retail Preservation Ordinance In 2015, the City Council adopted an interim urgency ordinance prohibiting the conversion of ground floor spaces used for retail and retail like uses (i.e., restaurants and personal services) to office or other uses. At that time, there was a trend of retail being replaced by office uses. The Council adopted a permanent ordinance in 2017. It requires redevelopment projects to replace any existing ground-floor retail, restaurant, or service uses on a square foot basis. •Provide floor area ratio (FAR) bonus for providing 3+ bedroom units; and •Extend AHIP eligibility to include all sites eligible for the HIP. •Consider allowing an additional five feet of allowed height for projects using the HIP/AHIP; •Consider eliminating FAR standard for the HIP/AHIP citywide; and •Consider additional commercial nodes on El Camino Real and return to the PTC to review them within the first quarter of 2025. ANALYSIS Table 1: Summary of Draft Ordinance 18.14.030: Housing Incentive Program •Consolidate HIP regulations from Chapters 18.16 and 18.18. •Update development standards: Increase FAR and building height maximums (see Attachment G for details of existing rules and proposed changes). Reduce parking ratios to match State Density Bonus Law. Revise daylight plane and reduce front/street side setbacks. Allow bonus density/FAR for “family-friendly” (3+ bedroom units) (see Attachment G for an analysis of proposed changes). •Expand eligibility to include RM districts and GM/ROLM Focus Area. •Expand transportation demand management measures. •Streamline process for projects that meet objective design standards, with cross-reference to Section 18.77.073: Streamlined Housing Development Project Review. •Remove separate development standards for 100% affordable projects (and relocate to AHIP). 18.14.040: Affordable Housing Incentive Program •Relocate Chapter 18.32 Affordable Housing Incentive Program. •Increase FAR and building height, reduce parking ratios, and streamline review process. • Expand eligibility to include all locations eligible for the HIP. 18.40.180: Retail Preservation •Modify exemptions and partial exemptions in subsection (4). •Waive retail preservation requirement on Housing Element opportunity sites. •Retain existing retail requirements in the Ground floor (GF) and Retail (R) combining districts and in commercial nodes on El Camino Real. •Reduce replacement retail floor area requirement in other locations. •Create incentives for ground-floor retail (i.e., parking reduction for first 1,500 square feet of retail and additional 5 feet of height). •Standardize definitions for 100% affordable housing and clarify meaning of existing regulations. The draft ordinance also includes minor modifications to base district regulations to consolidate and add cross-references to the new housing incentive regulations in Chapter 18.14. As shown in Attachment C, Housing Element Program 3.3 provides explicit direction on the modifications to be made to the AHIP and so they are not discussed further here. Incentives for Larger Units As noted in Table 1, the draft ordinance provides an incentive for projects that include larger units (projects in which at least 10% of the proposed units are 3+ bedroom units). This incentive includes unlimited residential density and/or FAR bonuses of 0.5 FAR. This proposed amendment also implements Housing Element Program 6.2A: study to incentivize larger units: Research and implement incentives to encourage larger units, such as FAR exemptions for three or more bedroom units, and creation of family-friendly design standards. Meet with housing stakeholders and conduct public hearings before the Planning and Transportation Commission to receive public and commissioner input on ways to achieve stated objective. Make recommendations to Council and follow up with an ordinance to effect a change in local zoning regulations as directed. lower income housing units. To simplify administration and support housing production and affordability outside of priority retail areas, the draft ordinance extends this waiver to all Housing Element opportunity sites.) 2. NVCAP: The North Ventura area where the NVCAP requires ground-floor retail along the El Camino Real frontage. 3. Focus Area: The El Camino Focus Area frontage, where large sites combined with more genera Focus Area allows for higher density development close to existing retail development on California Avenue and El Camino Real. 4. Triangle/El Camino Way: A smaller scale and block pattern, with existing crosswalks across El Camino Way that are more conducive to pedestrians, existing restaurants and retail uses, and Housing Element opportunity sites that allow for redevelopment of housing with ground-floor retail. For Housing Element opportunity sites located within these nodes a developer will still have the ability to build a 100% residential project. However, if they wish to use the incentives of the HIP program, then retail replacement would be required. Existing regulations allow a reduced retail replacement requirement of up to 1,500 sq. ft. for higher density housing projects (at least 30 units/acre) outside of the GF and R combining districts. The draft ordinance extends this reduction outside of these nodes and exempts this commercial area from required parking. This amount of commercial floor area would accommodate a small cafe or retail establishment but provides more flexibility at the ground-floor than current requirements. Attachment I provides examples of how the retail preservation ordinance applies to different locations, project types, and affordability levels, and highlights changes between the existing and proposed regulations. Figure 1: El Camino Real Required Retail Nodes 2 produce and to determine whether these housing types are likely to be financially feasible for a developer to build. 3 Figure 2 (below) summarizes this process and the outcome of the studies. 2 Notably, these analyses exclude zoning changes that went into effect in January 2024 on Housing Element opportunity sites. These recent changes improve physical and financial feasibility on opportunity sites only. Modifications to the HIP are expected to assist developers/property owners of sites that are not listed as opportunity sites, but will also further improve feasibility on opportunity sites. 3 Financial feasibility findings are based on assumptions about costs, land values, and profits that are averages, and represent KMA’s local research and professional opinions. These assumptions may not reflect the economic situations and assumptions for individual sites and developers, based on their specific values and priorities. Figure 2: Feasibility Analysis – Process and Outcome Figure 3 illustrates an example of the physical feasibility analysis detailed in Attachment D. Architects modeled what existing standards yield (image and column at left) and then modified various standards to try to increase yield (image and column at right). In general, this process aimed to keep building height increase to no more than 10-20 feet (one to two stories) and retain on-site parking. However, zoning standards are interconnected; there are tradeoffs that the City can consider when evaluating changes to standards. For example, reducing parking can free up space at the ground-level for housing units or commercial spaces without substantial changes to building height. If side/rear setbacks and daylight planes are priorities, then building heights may need to be higher and front/street side setbacks lower to achieve sufficient yields. In the example in Figure 3, the architects increased building height, reduced the rear setback, modestly reduced the parking requirement, met the open space requirement on top of the podium, and substantially increased the FAR. This results in an increase from four to seven units. Figure 3: Excerpt from Physical Feasibility Report (see Attachment D) POLICY IMPLICATIONS As part of the implementation of Program 3.2 (Monitor Constraints to Housing) of the Housing Element, the City committed to prepare an analysis in staff reports for initiatives proposing new regulations. This analysis details how the regulations may impact housing production, if at all, and recommend solutions to address any adverse impacts. The draft ordinance implements the following Housing Element programs: •Housing Element Program 3.3A, B, and D to streamline, incentivize, and improve project feasibility of 100% affordable housing projects. •Housing Element Program 3.4A-D to expand development incentives in the Housing Incentive Program (HIP) and extend the program to additional zoning districts to facilitate housing production. Based on quantified objectives in the Housing Element, this modification is anticipated to generate 550 housing units. •Housing Element Program 6.2A to incentivize larger units and create family-friendly housing. As a result, the draft ordinance would help affirmatively affirm fair housing goals expressed in the Housing Element by revising zoning in a range of high resource areas and different locations within the City, including: existing residential neighborhoods, along commercial corridors, in the GM/ROLM Focus Area, as well as in Downtown and California Avenue. This ordinance also supports implementation of Housing Element Goal 2.0 (Affordable Housing) and Goal 3.0 (Housing Development). The implementation of the proposed ordinance is not anticipated to have any direct fiscal impacts on the City budget. Preparation of the Housing Element included a range of community outreach methods, including surveys, Working Group meetings, community workshops, and public hearings. Hundreds of community members have participated in the Housing Element update over the course of the project. City staff and consultants are working with developers and architects familiar with the City’s regulations to test potential standards. Community members have an opportunity to provide feedback on the draft standards at PTC, ARB, and City Council study sessions and public hearings. On April 15, 2024, the City Council adopted Resolution No. 10155, approving an Addendum to the Comprehensive Plan Environmental Impact Report (EIR). The addendum analyzed potential environmental impacts of the 6th Cycle Draft Housing Element. This includes implementation of Housing Element Programs 3.3, 3.4, and 6.2, and associated increase in housing production including and beyond what was projected by the RHNA and Housing Element sites inventory. Attachment A: Amendments to Title 18 to Implement Housing Element Programs 3.3A, B, and D and 3.4A-D APPROVED BY: 1 Ordinance No. Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 3.3 and 3.4 of the 2023-2031 Housing Element to Revise the Housing Incentive Program and Affordable Housing Incentive Program SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On May 8, 2023, the City Council adopted Resolution No. 10107, approving an Addendum to the Comprehensive Plan Environmental Impact Report (EIR), making various findings, and adopting the 2023-2031 Housing Element for the City of Palo Alto. B. On December 18, 2023, the City Council approved a Revised Addendum to the Comprehensive Plan EIR and adopted Ordinance No. 5608, rezoning sites in the 2023- 2031 Housing Element Sites Inventory to accommodate the City’s Regional Housing Needs Allocation. C. On April 15, 2024, the City Council adopted Resolution No. 10155, making various findings, adopting a Revised 2023-2031 Housing Element, and authorizing the Director of Planning and Development Services to take further actions necessary to achieve certification of the Housing Element by the California Department of Housing and Community Development (HCD). D. On August 19, 2024, HCD found that the Revised 2023-2031 Housing Element, as further modified on July 17, 2024, was substantially compliant with state law. E. Programs 3.3 and 3.4 of the City’s Revised 2023-2031 Housing Element direct a variety of updates to the City’s Housing Incentive Program and Affordable Housing Incentive Program, which are implemented in this ordinance. F. On ________, 2024, the Planning and Transportation Commission considered and recommended that the City Council adopt this ordinance to implement the 2023-2031 Housing Element. SECTION 2. Section 18.14.030 (Housing Incentive Program) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows: 18.14.030 Housing Incentive Program (a) Purpose The housing incentive program modifies base zoning district standards and streamlines review to encourage higher-density multi-family housing production. The program is a local 2 alternative to State Density Bonus Law. (b) Applicability The housing incentive program shall apply to the following zoning districts or locations: (1) Chapter 18.13: RM-20, RM-30, RM-40 (2) Section 18.14.020: GM/ROLM Focus Area (see Figure 1) (3) Chapter 18.16: CC(2); CN or CS-zoned sites on El Camino Real; CS sites on San Antonio Road between Middlefield Road and East Charleston Road (4) Chapter 18.18: CD(C) (5) Chapter 18.29: NV- R3, NV- R4, NV- MXL, NV- MXM, NV- MXH, NV- PF (c) Procedures The regulations established by this section provide increases in development standards for eligible projects electing to take advantage of the Housing Incentive Program. A property owner may elect to use the site consistent with the underlying zoning district. The Housing Incentive Program provides flexibility in development standards that allow for a density increase that would in most cases exceed density bonuses under state density bonus law (Government Code Section 65915). Therefore, a project applicant may utilize the provisions of this section as an alternative to use of the state density bonus law implemented through Chapter 18.15 (Density Bonus) of this Title, but may not utilize both this section and state density bonus law. If an applicant utilizes state density bonus law, the provisions of this section shall not apply. (d) Permitted Uses The following uses shall be permitted to use the housing incentive program: (1) Multiple-Family Residential. (2) In conjunction with a Multiple-Family Residential use, any uses permitted in the underlying district, provided the uses are limited to the ground floor. (e) Development Standards For all eligible zoning districts, the housing incentive program shall modify underlying zoning district standards as shown in Table 5. Floor area ratio (FAR) and building height standards are specified in Table 6; unlike the standards in Table 5, these standards vary by zoning district and whether or not a site is classified as an opportunity site listed in Appendix D of the Housing Element. Table 5 Housing Incentive Program Development Standards Minimum Site Specifications Standards for All Eligible Zoning Districts Subject to regulations in: Implements Program 3.4Dto add RM and GM/ROLM Focus Area districts Similar toexistingproceduresfor AHIP Based on the City’sDefinitions in Ch. 18.04,MFR is defined as 3+ units ImplementsProgram 3.4B+Dre: modifiedstandards 3 Minimum Setbacks Front Yard (ft) Same as underlying district or 10 ft. (whichever is less) Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code or imposed to create required effective sidewalk widths apply. Rear Yard (ft) Same as underlying district Rear Yard abutting residential zoning district (ft) Same as underlying district Interior Side Yard if abutting residential zoning district (ft) Same as underlying district Street Side Yard (ft) Same as underlying district or 8 ft. (whichever is less) Maximum Site Coverage 100% (commercial districts and GM/ROLM Focus Area) 70% (residential districts) Minimum Landscape/Open Space Coverage Same as underlying district See 18.14.020 for modified standards applicable to Housing Element Opportunity Sites Minimum Usable Open Space Same as underlying district Maximum Height (ft) See Table 6 for standards, by zoning district Portions of a site within 50 ft of a low density residential district (RE, R1, NV-R1, R2, NV-R2, RMD) 35 ft(1) Daylight Plane for lot lines abutting a low density residential district (RE, R1, NV-R1, R2, NV-R2, RMD) Unless the underlying zoning district standard is more permissive, the daylight plane shall be as follows: Initial height: 16 feet, measured at the property line Slope: 45 degrees Reducedsetbackrequirementswill affect theROLM and RMzones (20 to10 ft front and16 to 8 ft streetside). Special setbacksretain sidewalkdimensions on ElCamino Real andin NVCAP This would increase coverage in the RM andCN zones and the GM/ROLM Focus Areaas well as certain NV zones. Lot coverage isalready 100% in the CD(C) and CC(2), as wellas CS zone for non-residential uses. Projectsgenerally will not achieve 100% coverage dueto setback, landscaping, and stormwater req's. Similar toexistingAHIP heighttransitionstandards Requires adayight plane,but allows fortwo stories nextto the sharedproperty line 4 Maximum Residential Density (net) RM-20 Zone (Non-Housing Element Opportunity Site): 40 du/ac All Other RM Zones: 60 du/ac, except no density limit if at least 10% of units are 3+ bedrooms All Other Zones: None. Minimum Commercial FAR Same as underlying district See Section 18.40.180 (retail preservation) Maximum Total FAR See Table 6 for standards, by zoning district Minimum Vehicle Parking 1 space per studio/1-bed 1.5 spaces per 2-bed+ Additional adjustments to the required ratios may be considered per Chapter 18.52 (Parking). TDM Plan Projects providing fewer than 50% of the parking spaces that would be required under Section 18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: (1) free transit passes for residents (one per/unit); (2) at least one on-site short-term residential loading space; (3) bike repair station; (4) allocation of 5% of required bike parking spaces to cargo bikes; (5) provision of outlets appropriate spaced for e- bike charging at 20% of required bicycle parking See Chapter 18.52.050(d) for additional TDM that may be required. None of these other zonescurrently have a density limit Incentive for family housing These parkingratios matchthe basic StateDensity BonusLaw ratio New TDMrequirementsfor projects withreduced parkingTDM measuresbuild on ElCamino FocusArea measures 5 spaces; and (6) a micromobility program with a fleet equal to 5% of the number of proposed units. Notes: (1) Distance shall be measured from the property line of the subject site. Table 6 FAR and Building Height Standards, by Eligible Zoning District (THESE COLUMNS TEMPORARILY INCLUDED FOR REFERENCE ONLY) Housing Incentive Program Standards Existing Base District Standard Existing 18.14.010 Standards Existing HIP Standards Maximum FAR(1) Maximum Building Height Non-Opp Sites Opp Sites MFR Non- Housing Element Opportunity Sites Housing Element Opportunity Sites CC(2) Max Total FAR: 0.6 Max height: 37 ft. Max Total FAR: 2.0 Max Total FAR: 2.0 Max Coverage: 100% 2.6 3.5 60 ft. CS (El Camino Real) Max Total FAR: 0.6 Max height: 50 ft. Max Total FAR: 1.25 Max Total FAR: 1.5 Max Coverage: 100% 2.85 3.5 60 ft. CS (San Antonio Max height: Max Total FAR: 1.25 Max Total FAR: 2.0 2.0 2.0 50 ft. Existing standards for reference. No modifications to the CS (San Antonio) or CD(C) (Downtown) districts are proposed in order to let the San Antonio CAP andDowntown study determine changes. 6 Road between Middlefield Road and East Charleston Road) 50 ft. CN (El Camino Real) FAR: 0.5 Max height: 40 ft. Max Total FAR: 1.25 Max Total FAR: 1.5 Max Coverage: 100% 2.5 3.25 50 ft. CD(C) Max height: 50 ft. Max Total FAR: 2.0 Max Total FAR: 3.0 3.0(2) 3.0(2) 50 ft. RM-40 FAR: 1.0 Max height: 40 ft. Max Total FAR: 1.5 n/a 3.0 50 ft. RM-30 FAR: 0.6 Max height: 35 ft. Max Total FAR: 1.25 n/a 2.5 40 ft. RM-20 FAR: 0.5 Max height: 30 ft. Max Total FAR: 1.25 n/a 2.0 40 ft. GM/ROLM Focus Area) n/a Max Total FAR: 2.5 Max height: 60 ft. n/a 3.5 No change Notes: (1) Maximum Floor Area Ratio shall be increased by 0.5:1 for projects in which at 10% of all units contain three or more bedrooms. Incentive forfamily housing The zoning changes effective Jan. 2024allowed for building height up to 60 ft.No further changes are proposed aspart of these HIP modifications 7 (2) The use of transferable development rights under Section 18.18.080 shall not cause the site to exceed an FAR of 3.0. (f) Review Process Housing Development Projects that comply with objective design standards pursuant to Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) shall be subject to streamlined review pursuant to Section 18.77.073. All other projects shall be subject to architectural review as provided in Section 18.76.020. Projects shall not be subject to the requirements of site and design review in Chapter 18.30(G). // // SECTION 3. Section 18.14.040 (Affordable Housing Incentive Program) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (changes from Chapter 18.32 shown temporarily for reference only): (a) 18.32.010 Specific Purpose The affordable housing incentive program is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, by providing flexible development standards, and modifying the allowed uses, and streamlining the project review process allowed in the commercial districts and subdistricts. (b) 18.32.20 Applicability of Regulations and Affordable Housing Requirement The affordable housing incentive program shall apply to 100% affordable housing projects in the following zoning districts or locations: (1) Housing Element Opportunity Sites listed in Appendix D of the Housing Element; or (2) Pproperties located within one-half mile of a major transit stop or one-quarter mile of a high-quality transit corridor and zoned CD, CN, CS, and CC, set forth in Chapters 18.16 and 18.18 of this Title, in accord with Chapter 18.08 and Chapter 18.80, but excluding the Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center (unless otherwise allowed by subsection (i). (3) Sites eligible for the Housing Incentive Program pursuant to Section 18.14.030(b). Procedures Implements Program 3.4A toallow one study session withthe ARB if a project meetsobjective standards. Based onexisting AHIP review process. Generalized in orderto capture addition ofresidential district and Housing Elementopportunity sites outside of transit areas Expanded applicability consistentwith Program 3.3A. Relocatedtransit statement from purposestatement above. Major transitdefinition is now in “definitions”section below. 8 The regulations established by this chapter shall apply for 100% affordable housing projects in lieu of the uses allowed and development standards and procedures applied in the underlying district. A property owner may elect to use the site consistent with the underlying zoning district, in which case the applicable regulations in Chapters 18.16 and 18.18 for the commercial districts shall apply. (a) The affordable housing incentive program provides flexibility in development standards that allow for a density increase that would in most cases exceed density bonuses under state density bonus law, (Government Code Section 65915). Therefore, a project applicant may utilize the affordable housing incentive program and the provisions of this chaptersection as an alternative to use of the state density bonus law implemented through Chapter 18.15 (Density Bonus) of this Title, but may not utilize both the affordable housing incentive program and state density bonuses law. If an applicant utilizes state density bonus law, the regulations in this section shall not apply. in Chapters 18.16 and 18.18 for the applicable underlying commercial zoning district, including as modified by Chapter 18.14.020, shall apply. (c) 18.32.030 Definitions For purposes of this chapter, the following definitions shall apply. (1) (a) "100% affordable housing project" means a multiple-family housing project consisting entirely of for-rent affordable units, as defined in Section 16.65.020 of this code, except for a building manager's unit, and available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average monthly rent, inclusive of a reasonable utilities allowance, does not exceed one-twelfth of 30% of the area median income (100% AMI) for the appropriate household size. (1)(2) “Major transit stop” and “high-quality transit corridor” as defined in subdivision (b) of Section 21155 of the Public Resources Code. 18.32.040 (Reserved) (d) 18.32.050 Review Process Housing Development Projects that comply with objective design standards pursuant to Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) shall be subject to streamlined review pursuant to Section 18.77.073 (Streamlined Housing Development Project Review). All other projects shall be subject to architectural review as provided in Section 18.76.020. Projects shall not be subject to the requirements of site and design review in Chapter 18.30(G). (e) 18.32.060 Conformance to Other Combining Districts and Retail Preservation Implements 3.3D 9 The following requirements shall apply to projects in the AH affordable housing incentive program: (1) (a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply. (2) (b) Where applicable, the retail preservation requirements of Section 18.40.180 shall apply except as provided below. (2)(3) Projects shall not be subject to the requirements of site and design review in Chapter 18.30(G). (1) Waivers and adjustments (A) Except in the R or GF combining districts, the City Council shall have the authority to reduce or waive the amount of retail or retail like gross floor area required in Section 18.40.180 for any 100% affordable housing project if the City Council determines that it would be in the public interest. Any such reduction or waiver shall not be subject to the waiver and adjustments requirements in Section 18.40.180(c). In the R and GF combining districts, any reduction or waiver in retail or retail like gross floor area shall remain subject to the requirements of Section 18.40.180(c) or the combining district as applicable. (B) The City Council shall have the authority to modify retail parking requirements associated with a 100% affordable housing project that also requires ground floor retail. (f) 18.32.070 Permitted Uses The following uses shall be permitted in to use the AH affordable housing incentive program: (1) (a) 100% affordable housing projects; (2) (b) In conjunction with a 100% affordable housing project, any uses permitted in the underlying district, provided the uses are limited to the ground floor:. (A) Business or trade school. (B) Adult day care home. (C) Office less than 5,000 square feet when deed-restricted for use by a not-for- profit organization. (A)(D) Any uses permitted in the underlying district (g) 18.32.080 Conditional Uses The following uses may be permitted in All uses conditionally permitted in the applicable underlying zoning district may be established in a project utilizing the AH affordable housing incentive program: (1) in conjunction with an 100% affordable housing project;, (2) subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and This is redundantwith 18.40.180 Redundant. Ch. 18.52 already outlines parking reduction process. 10 Approvals);, and (3) provided that the uses are limited to the ground floor.: (a) Business or trade school. (b) Adult day care home. (c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit organization. (d) All other uses conditionally permitted in the applicable underlying zoning district. (h) 18.32.090 Development Standards The following development standards shall apply to projects subject to the AH affordable housing incentive program in lieu of the development standards for the underlying zoning district, except where noted below: Table 1 Development Standards AH Incentive Program(1) Minimum Site Specifications Subject to regulations in: Site Area (ft 2) None required Site Width (ft) Site Depth (ft) Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may or imposed to create required effective sidewalk widths apply Front Yard (ft) Same as underlying district or 10 ft. (whichever is less) Rear Yard (ft) Same as underlying district Rear Yard abutting residential zoning district (ft) Same as underlying district Interior Side Yard if abutting residential zoning district (ft) Same as underlying district Street Side Yard (ft) Same as underlying district or 8 ft. (whichever is less) Build-to-Lines Same as underlying district Permitted Setback Encroachments Same as underlying district Changes follow Program 3.3B to increase FAR (except on R-1 opportunity sites), increaseheight limit for <60% of AMI projects, reduce parking requirements, and other changes to make the 2.4 FAR achievable. 11 Maximum Site Coverage None Required Minimum Landscape/Open Space Coverage 20%(2) Minimum Usable Open Space 25 sq ft per unit for 5 or fewer units(2), 50 sq ft per unit for 6 units or more (2) Maximum Height (ft) General Standard (Projects income restricted <120% of AMI) 50'(4) Lower Income Standard (Projects income restricted <60% of AMI) 60’(3)(4) Portions of a site within 50 ft of a residential district (other than an RM-40 or PC zone) R1, R-2, RMD, RM-20, or RM-30 zoned property 35'(3)(4) (5) 18.08.030 Daylight Plane for lot lines abutting a low density residential district (RE, R1, NV-R1, R2, NV-R2, RMD)one or more residential zoning districts Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line Unless the underlying zoning district standard is more permissive, the daylight plane shall be as follows: Initial height: 16 feet, measured at the property line Slope: 45 degrees Maximum Residential Density (net) None Required(3) Maximum Residential Floor Area Ratio (FAR) - Residential Portion of a Project 2.0:1 2.4:1(3) Maximum Non-Residential FAR 0.4:1 Maximum Total FAR 2.4:1(3) Currently, initial height is10 feet adjacent to RM zonesand R1 (side yard). R1 (rearyard) is already measuredat 16 feet. This increaseallows for a second story atthe shared property linewith a low density residentialdistrict only. 12 Minimum Vehicle Parking None, within one-half mile of a major transit stop or one-quarter mile of a high- quality transit corridor. 0.5 per unit, all other locations. 0.75 per unit The Director may modify this standard based on findings from a parking study that show fewer spaces are needed for the project. The required parking ratio for special needs housing units, as defined in Section 51312 of the Health and Safety Code shall not exceed 0.3 spaces per unit. Adjustments to the required ratios shall be considered per Chapter 18.52 (Parking). For Commercial Uses, See Chapters 18.52 and 18.54 (Parking). TDM Plan A transportation demand management (TDM) plan shall be required pursuant to Section 18.52.050(d) and associated administrative guidelines 18.52.050(d) Notes: (1) These developments shall be designed and constructed in compliance with the objective design standards in Section 18.24 and. Developments that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the performance criteria, general standards, and exceptions outlined in Chapter 18.2318.40. Developments that elect to deviate from one or more objective standards in Chapter 18.24 shall, as well as meet the context-based design criteria outlined in Section 18.13.060 for residential-only projects and projects in residential, public facilities, and office, research, and manufacturing zones, Section 18.16.090 for mixed use projects in the CN, CC, and CS districts, and Section 18.18.110 for mixed use projects in the CD district, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020. (2) Landscape coverage is the total area of the site covered with landscaping as defined in Chapter 18.04. For the purposes of this Chapter 18.32, areas provided for usable open space may be counted towards the landscape site coverage requirement. Landscape and open space areas may be located on or above the ground level, and may include balconies, terraces, and No parkingrequirementnear transit isconsistentwith SB35,State DensityBonus Lawand AB2097,except thiscode refersto majortransit asdefined above In otherlocations, ratiois reduced perProgram 3.3B This deletion is called out for the HIP in Program 3.4 and not the AHIP in Program 3.3, but the sentiment is thesame. Especially since this clause refers to compliance with the (subjective) context-based design criteria. 13 rooftop gardens. (3) Except on R-1 opportunity sites (owned by faith-based institutions) where maximum FAR of 2.0; maximum residential density of 50 du/ac; and maximum building height of 50 feet apply, regardless of income level. (4) Mixed-use projects that include ground-floor retail or retail-like uses shall receive an additional 5 feet of building height. (345) Distance shall be measured from the property line of the subject site. The Planning Director may recommend a waiver from the transitional height standard. SECTION 4. Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 AND RM-40) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses): 18.13.040 Development Standards (a) Site Specifications, Building Size and Bulk, and Residential Density The site development regulations in Table 2 shall apply in the multiple-family residence districts, provided that more restrictive regulations may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regulations set forth in Chapter 18.76, and the objective design standards set forth in Chapter 18.24. Except that s Sites designated as Housing Element Opportunity Sites shall meet the development standards specified in Chapter Section 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. [. . .] SECTION 5. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts) 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):: 18.16.060 Development Standards [. . .] (b) Mixed Use and Residential Table 4 specifies the development standards for new residential mixed use developments and residential developments. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter Modifiedstandards for R-1 zoned faith based sites Incentive forretail/mixed use buildings Cross-referencefor RM Zones 14 18.24, except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the context-based design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020. [. . .] (c) Exclusively Residential Uses Exclusively residential uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites identified in the Housing Element, subject to the standards in Section 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preservation provisions of Section 18.40.180 do not apply, exclusively residential uses are allowed subject to the standards in Section 18.16.060(b) and the following additional requirements: (A) Residential units shall not be permitted on the ground-floor of development fronting on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effective sidewalk setback along the El Camino Real frontage, whichever is greater; for projects on Housing opportunity sites, or those utilizing the Housing Incentive Program or Affordable Housing Incentive Program, these setbacks may be modified by the standards in Chapter 18.14. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permitted on the ground-floor El Camino Real frontage. (B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail. (C) Combining district use regulations and design and development standards shall not apply to exclusively residential projects on Housing Element opportunity sites designated to accommodate lower income households, and may be limited for sites utilizing the Housing Incentive Program or Affordable Housing Incentive Program. See Section 18.14.020 Chapter 18.14 for details. [. . .] (k) Housing Incentive Program Reserved (1) The Director may waive the residential floor area ratio (FAR) limit and the maximum site coverage requirement for a project that is reviewed by the Architectural Review Board, if the Director finds that the project with such waiver or waivers is consistent with the required architectural review findings in Section 18.76.020. The Director may only Cross-referencefor commercial zones Existing HIP standards arebeing replaced with the code section above 15 waive these development standards in the following areas and subject to the following restrictions: (A) For an exclusively residential or mixed-use project in the CC(2) zone or on CN or CS zoned sites on El Camino Real. In no event shall the Director approve a commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and commercial FAR) in excess of 2.0 in the CC(2) zone or 1.5 in the CN or CS zone. (B) For an exclusively residential or mixed-use project on CS zoned sites on San Antonio Road between Middlefield Road and East Charleston Road. In no event shall the Director approve a commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and commercial FAR) in excess of 2.0. (2) The Director may waive any development standard including parking for a project that is reviewed by the Architectural Review Board, if the Director finds that the project with such waiver or waivers is consistent with the required architectural review findings in Section 18.76.020. The Director may only waive these development standards in the following areas and subject to the following restrictions: (A) For a 100% affordable housing project in the CC(2) zone or on CN or CS zoned sites on El Camino Real; (B) For a 100% affordable housing project on CS zoned sites on San Antonio Road between Middlefield Road and East Charleston Road. (C) In no event shall the Director approve development standards more permissive than the standards applicable to the Affordable Housing (AH) Combining District in Chapter 18.30(J). A "100% affordable housing project" as used herein means a multiple-family housing or mixed-use project in which the residential component consists entirely of affordable units, as defined in Section 16.65.020, available only to households with income levels at or below 120% of the area median income, as defined in Section 16.65.020, and where the average household income does not exceed 60% of the area median income level, except for a building manager's unit. (3) This program is a local alternative to the state density bonus law, and therefore, a project utilizing this program shall not be eligible for a density bonus under Chapter 18.15 (Residential Density Bonus). [. . .] SECTION 6. 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; deletions struck-through; unchanged text omitted by bracketed ellipses): 18.18.060 Development Standards [. . .] 16 (b) Mixed Use and Residential Table 3 specifies the development standards for new residential mixed use developments and residential developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24, except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. Non- Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet context-based design criteria outlines in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020: [. . .] (l) Reserved Housing Incentive Program (1) For an exclusively residential or residential mixed-use project in the CD-C zone, the Director may waive the residential floor area ratio (FAR) limit after the project with the proposed waiver is reviewed by the Architectural Review Board, if the Director finds that the project exceeding the FAR standard is consistent with the required architectural review findings. In no event shall the Director approve a commercial FAR in excess of 1.0 or a total FAR (including both residential and commercial FAR) in excess of 3.0. Nor shall the use of transferable development rights under Section 18.18.080 be allowed to cause the site to exceed a FAR of 3.0. (2) For a 100% affordable housing project in the CD-C zone, the Director may waive any development standard including parking after the project with the proposed waiver or waivers is reviewed by the Architectural Review Board, if the Director finds that a project with such waiver or waivers is consistent with the required architectural review findings. In no event shall the Director approve a FAR in excess of 3.0 or approve other development standards more permissive than the standards applicable to the Affordable Housing (AH) Combining District in Chapter 18.30(J). A "100% affordable housing project" as used herein means a multiple-family housing or mixed-use project in which the residential component consists entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income, as defined in Section 16.65.020, and where the average household income does not exceed 60% of the area median income level, except for a building manager's unit. (3) This program is a local alternative to the state density bonus law, and therefore, a project utilizing this program shall not be eligible for a density bonus under Chapter 18.15 (Residential Density Bonus). Existing HIP standards arebeing replaced with the code section above Cross- reference for commercialCD(C) zones 17 [. . .] SECTION 7. Section 18.20.040 (Site Development Standards) of Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP and GM) Districts) 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): 18.20.040 Site Development Standards [. . .] (b) Development Standards for Exclusively Residential Uses Residential uses shall be permitted in the MOR, RP, RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria. [. . .] (6) ROLM District. All multi-family development in the ROLM zoning district shall be permitted subject to the provisions above in 18.20.040(b)(2), approval of a conditional use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. Sites designated as Housing Element Opportunity Sites or Focus Areas may also elect to utilize the Housing Incentive Program or Affordable Housing Incentive Program, in which case they shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. (7) GM District. All residential development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. Sites designated as Housing Element Opportunity Sites or Focus Areas may also elect to utilize the Housing Incentive Program or Affordable Housing Incentive Program, in which case they shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. (8) Combining Districts. Combining district use regulations and design and development standards shall not apply to exclusively residential projects on Housing Element opportunity sites designated to accommodate lower income households, and may be limited for sites utilizing the Housing Incentive Program or Affordable Housing Incentive Program. See Section 18.14.020 Chapter 18.14 for details. (c) Development Standards for Mixed (Residential and Nonresidential) Uses in the MOR, ROLM, ROLM(E), RP, and RP(5) Zoning Districts Mixed (residential and nonresidential) uses shall be permitted in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning districts, subject to the following criteria: (1) It is the intent of these provisions that a compatible transition be provided from lower density residential zones to higher density residential, non-residential, or mixed use zones. The Village Residential development type should be evaluated for use in transition Cross- reference for commercialoffice and research zones 18 areas and will provide the greatest flexibility to provide a mix of residence types compatible with adjacent neighborhoods. (2) New sensitive receptor land uses shall not be permitted within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Existing sensitive receptors shall be permitted to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities). (3) ROLM(E) District. Mixed (residential and nonresidential) development in the ROLM(E) zoning district shall be permitted, subject to the provisions above in 18.20.040(c)(2), approval of a conditional use permit, determination that the nonresidential use is allowable in the district and that the residential component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum floor area ratio (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residential and nonresidential) development in the ROLM zoning district shall be permitted, subject to the provisions above in 18.20.040(c)(2), approval of a conditional use permit, determination that the nonresidential use is allowable in the district and that the residential component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum floor area ratio (FAR) for mixed use development is 0.4 to 1. Except that s Sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards specified in Chapter 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. (5) GM District. Mixed use (residential and nonresidential) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. Sites designated as Housing Element Opportunity Sites or Focus Areas may also elect to utilize the Housing Incentive Program or Affordable Housing Incentive Program, in which case they shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. In computing residential densities for mixed (residential and nonresidential) uses, the density calculation for the residential use shall be based on the entire site, including the nonresidential portion of the site. [. . .] SECTION 8. Chapter 18.32 (Affordable Housing Incentive Program) of Title 18 (Zoning) of the Palo Alto Municipal Code is deleted in its entirety. SECTION 9. Section 18.40.180 (Retail Preservation) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; and unchanged text omitted by bracketed ellipses): 18.40.180 Retail Preservation [. . .] 19 (c) Waivers and Adjustments; and Exemptions. [. . .] (4) Exemptions. The following uses shall be exempt or partially exempt from the provisions of this Section 18.40.180, as provided below: (A) A 100% affordable housing project not within the Ground Floor (GF) and/or Retail (R) combining districts nor El Camino Real Node area as depicted in Figure 5on a site abutting El Camino Real. A "100% affordable housing project" as used herein shall have the same meaning as provided in Section 18.14.040(c).means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income, as defined in Chapter 16.65, except for a building manager's unit. (B) A 100% affordable housing project on a site abutting El Camino Real in the CN and CS zone districts outside the Retail (R) combining district. A "100% affordable housing project" as used herein means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income, as defined in Chapter 16.65, and where the average household income does not exceed 80% of the area median income level, except for a building manager's unit. (B) A residential project located on a Housing Element Opportunity Site listed in Appendix D of the Housing Element, except for projects located within an El Camino Real Node area, as depicted in Figure 5, that utilize the Housing Incentive Program to exceed the realistic capacity estimates identified in Appendix D of the Housing Element. (C) A high-density residential or mixed-use project in the CS zone district, but not within the Ground Floor (GF) or Retail (R) combining districts, shall be required to replace only up to 1,500 square feet of an existing retail or retail-like use and shall be exempt from minimum vehicle parking requirements pursuant to Chapter 18.52 (Table 1) for this retail or retail-like floor area. For the purposes of this partial exemption, high-density shall mean 30 or more dwelling units per acre. This reduction in retail square footage and minimum vehicle parking requirements shall not apply for a site within the Ground Floor (GF) or Retail (R) combining districts, or within an El Camino Real Retail Node area, unless the site is a Housing Element opportunity site, as depicted in Figure 5 (D) The Director shall maintain and update the El Camino Real Node map in Figure 5. Figure 5: El Camino Real Retail Node Areas Narrowsexemption from RPO to exclude El Camino sites outside of the retail nodes perProgram 3.4C Standardize100% affordablehousing definition Remove redundancygiven changes above Added exemption from RPOfor Opportunity Sites perProgram 3.4C. None of theHousing Sites are on (GF)or (R) designated sites, sono exemption required,but there are Opportunity Siteswithin these nodes on ElCamino. Opportunitysites are allowed to develop as 100% housing, so this codeonly requires retail above the base realistic capacity listed in the Housing Element. Add exemptionper Program3.4C and offerincentives tosupport flexibilityin ground flooruses and program 20 SECTION 10. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolution No. 10107, and on December 18, 2023, the City Council approved a Revised Addendum, finding that the Addendum, as revised, and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including the Programs implemented by this ordinance. SECTION 12. This Ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCE 21 D: PASSED: AYES: NOES: ABSENT: ABSTENTIO NS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: Assistant City Attorney City Manager Director of Planning and Development Services GM ROLM RM-30 (D) RM-30 RM-30 RM-20 CS RM-20 RM-20 RM-30 NV-R4 NV-MXM NV-R3 RM-30 CD-C (P) RM-20 RM-40 RM-40 RM-30 RM-30 RM-30 RM-40 RM-20 RM-30 RM-20 NV-MXH RM-30 RM-20 RM-20 RM-30 NV-PF RM-20RM-40 RM-20 RM-20 RMD (NP) RM-30 RM-20 NV-MXH RM-30 RM-20 R-2 RM-30 RM-40 RM-20 RM-30 RM-30 RM-30 RM-20 NV-MXM RM-30 RM-30 RM-40 RM-30 RM-40 RM-40 RM-30 RM-40 RM-20 RM-30 RM-20 RM-30 RM-30 RM-30 RM-20 NV-MXL RM-30 RM-20 RM-30 RM-30 CC (2)(R) RM-20 Middlefield RoadCowper 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 Sand Hill Road Hamilton Avenue Page Mill Road Lincoln Avenue San Antonio Road University Avenue Newell Road Oregon Expressway Seale Avenue South Court High Street Charleston Road Park Boulevard East Meadow Drive Stanford Avenue Colorado Avenue West Bayshore Road Foothill Expressway Hanover Street Miranda Avenue Arastradero Road Fabian Way Greer Road Ramona Street Edgewood Drive Loma Verde Avenue Churchill Avenue Matadero Avenue Center Drive Los Robles Avenue California Avenue Barron Avenue Welch Road Kingsley Avenue Maybell Avenue Wilkie Way Hansen Way Coleridge Avenue Byron Street Ely Place Oregon Avenue Marion Avenue North California Avenue Emerson Street Pitman Avenue Laguna Avenue Grove Avenue Ferne Avenue Porter Drive Chimalus Drive College Avenue Amherst Street Seneca Street Lane 66Bowdoin Street Stockton Place Harker Avenue Embarcadero Road Ames Avenue El Dorado Avenue La Para Avenue Clark Way Birch Street Clara Drive Coyote Hill Road Columbia Street Georgia Avenue Hillview Avenue Rhodes Drive La Donna Street Parkinson Avenue Kipling Street Pasteur Drive Heather Lane Kellogg Avenue Alger Drive Florales Drive Forest Avenue Greenwood Avenue Nathan Way Urban Lane Harvard Street Iris Way Hopkins Avenue Dana Avenue Fife Avenue Fulton Street Sutherland Drive (none) Marshall Drive Geng Road Orme Street Parkside Drive Walnut Drive Maddux Drive Wildwood Lane Elsinore Drive Moreno Avenue Arbutus Avenue Shopping Center Way Walter Hays Drive Jackson Drive Kenneth Drive Patricia Lane Cereza Drive Towle Way Guinda Street Transport Street Bruce Drive Faber Place Los Palos Avenue Laguna Way West Meadow Drive Janice Way Bibbits Drive Warren Way Mayview Avenue Rorke Way Evergreen Drive Stelling Drive Military Way Ashton Avenue Jefferson Drive Santa Rita Avenue Addison Avenue Rinconada Avenue Encina Avenue Silva Avenue Escobita Avenue Quarry Road Bryson Avenue Fabian Street Nevada Avenue Southwood Drive Lane 33 Lupine Avenue Poe Street Suzanne Drive Sycamore Drive Manzana Lane Elwell Court Ruthelma Avenue Maclane Wells Avenue Tasso Street Lane D East Lytton Avenue Lane 7 West Mark Twain Street Maple Street Lane D West Melville Avenue Palm Street Tioga Court Peral Lane Shasta Drive Diablo Court Saint Francis Drive Melville Avenue Park Boulevard Dana Avenue Oregon Avenue Colorado Avenue Page Mill Road Emerson Street Guinda Street Tasso Street Byron Street Byron Street Oregon Avenue Bryant Street North California Avenue San Antonio Road Georgia Avenue High Street Mountain ViewStanford University Menlo Park Atherton East Palo Alto Los AltosPortola Valley Los Altos Hills Stanford Menlo Park Mountain View Los AltosLos Altos Hills Atherton Portola Valley Cupertino Stanford University Redwood City East Palo Alto Sunnyvale Woodside Housing Incentive Program Parcels - Existing Housing Incentive Program Parcels - Proposed Housing Inventory Sites 7/8/2024 NVCAP Zoning £¤101 5-15 Time Frame: Complete and implement studies by September 2024. Complete additional study by 2025. Amend fee schedule by September 2026. Primary Associated Goals and Policies Goals: 3, 4 Policies: 3.1, 4.1 P ROGRAM 3.2: M ONITOR C ONSTRAINTS TO H OUSING The Constraints chapter of the Housing Element identifies several conditions and practices that act to constrain housing development. By addressing these conditions and practices, the City can streamline development processes, and promote future residential development. The City will continue to monitor its policies, standards, and regulations to ensure the City’s regulatory framework facilitates residential and balanced mixed-use development in the community. Responsible Agency: Planning and Development Services Funding Sources(s): General Fund Implementing Objectives: A. Monitor new local policy initiatives for effectiveness in combatting identified constraints to housing development. B. When new land use regulations, impact fees or procedural changes are being considered by the Planning and Transportation Commission and City Council, the City shall prepare an analysis in the accompanying staff report detailing how the regulation may impact housing production, if at all, and recommended solutions to address those impacts. C. Monitor application of the Municipal Code standards for constraints to housing projects and recommend changes annually, as appropriate, to enhance the feasibility of affordable housing. Time Frame: Complete review and implementation of required edits once during the planning period, by January 2027. Primary Associated Goals and Policies: Goals: 2, 4 Policies: 2.1, 2.3, 4.2 P ROGRAM 3.3: A FFORDABLE H OUSING D EVELOPMENT I NCENTIVES The Planning and Development Services Department, in its review of development applications, market conditions and through conversations with non-profit housing providers, has identified certain changes in development standards that will encourage the development of low- and moderate-income housing. The City has already adopted an affordable housing incentive program (AHIP) that includes flexible development standards, streamlined application review processes, direct financial assistance and other incentives to encourage affordable housing. These initiatives will be extended through this Program to reduce constraints and expand the opportunity for below-market rate housing. Responsible Agency: Planning and Development Services Funding Sources(s): General Fund Implementing Objectives: A. Amend the municipal code to extend the affordable housing incentive program to apply to all housing opportunity sites identified in the Housing Element and zoned for commercial, industrial or multi-family 5-16 residential use. Update AHIP regulations for religious institution sites located in the R1 district with a reduced density provision. B. Amend the affordable housing overlay (incentive program) regulations to allow housing projects to achieve a residential floor area ratio of 2.4:1.0 without requiring commercial floor area (except where required on University and California Avenues). The City will modify AHIP development and parking standards commensurate with FAR increases, and, for housing projects income restricted to 60 percent of the area median income level or below, allow up to sixty (60) feet in height on all opportunity sites. C. Amend Zoning Code to incorporate all recent changes to State density bonus law and develop summary materials to promote the use of density bonuses. Time Frame: Complete zoning changes by December 31, 2024 Quantified Objective: Amend the zoning code and comprehensive plan as necessary to extend the provision of affordable housing incentive program to sites in the housing inventory and codify additional incentives described herein. D. Amend the PAMC to streamline all 100 percent affordable housing development projects. Implement a procedure that prioritizes affordable housing projects for staff resources and, if applicable, hearing dates, above other projects, regardless of submission date. Time Frame: Complete by December 2024. Quantified Objective: The timeframes associated with permit processing can be viewed as a constraint to affordable development. The City aims to complete the processing of planning entitlements for affordable housing projects exempt from environmental review within 90 days from application submittal. Primary Associated Goals and Policies: Goal: 2, 3, 4 Policies: 2.1, 2.2, 2.3, 3.2, 4.2 P ROGRAM 3.4: H OUSING I NCENTIVE P ROGRAM (HIP) The HIP was enacted in 2019 as an alternative to the State Density Bonus law and provides development incentives including no housing density restrictions, increased floor area ratios and increased lot coverage. This program seeks to expand the suite of development incentives and extends the program to additional zoning districts that are not identified in the Site Inventory. Responsible Agency: Planning and Development Services Funding Sources(s): General Fund Implementing Objectives: A. HIP qualifying projects that also comply with City approved objective standards shall be administratively reviewed with one courtesy meeting before the Architectural Review Board. Time Frame: Revise review process instructions by December 2024. 5-17 Quantified Objective: Monitor projects for compliance with desired review schedule, track application processing timelines and number of applications appealed to Council; use data to inform future modifications to the HIP program. B. Amend the local Housing Incentive Program to include specific expanded development standards, as an alternative to state density bonus provisions. Reduce barriers by removing Planning Director discretion to define applicable standards in each instance. C. Allow for sites subject to the City’s retail preservation ordinance – except in the ground floor (GF) and retail (R) combining districts and strategic locations generally depicted in the draft South El Camino Real Design Guidelines – to have a reduction in the amount of retail replacement floor area needed for redevelopment and waive the retail preservation requirement for identified housing opportunity sites. D. Extend the local Housing Incentive Program to the multi-family residential districts (RM-20, RM-30, and R-40).as well as the ROLM and GM district focus area The Housing Incentive Program development standards shall be amended to increase height and floor area allowances for housing projects; reduce parking requirements to match or improve upon state density bonus, and adjustment to other development standards to enable greater housing production. Time Frame: Complete Municipal Code amendments by December 31, 2024. Quantified Objective: Amend the municipal code and comprehensive plan to codify implementing objective with the goal of encouraging the development of approximately 550 units over the planning period. E. Expand the geographic boundaries of the El Camino Real Focus Area (adopted in 2023) to incentivize housing production at appropriate locations. Increase building height and floor area ratios and apply other objective standards, such as transitional height restrictions, to address single family zoning district adjacencies. The proposed standards will be an alternative to the state density bonus. Time Frame: Complete municipal code amendments by June 30, 2025. Quantified Objective: Amend municipal code with the goal of encouraging development of approximately 500 units over the planning period. Primary Associated Goals and Policies: Goal: 2, 3, 4 Policies: 2.2, 3.1, 3.2, 4.2, 4.4 P ROGRAM 3.5: A CCESSORY D WELLING U NIT (ADU) F ACILITATION This program aims to annually monitor provisions made to ADU legislation and amend the City’s Zoning Ordinance as necessary to ensure compliance with State law. Furthermore, the City is committed to encouraging a greater range of housing types, reducing barriers to alternative types of housing such as ADUs, and promoting income integration across the City. In recent years, multiple bills have added requirements for local governments related to ADU ordinances. The 2016 and 2017 updates to State law included changes pertaining to the allowed size of ADUs, Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element Physical Feasibility Analysis Report Revision Date: January 9, 2025 Physical Feasibility Analysis Report 1 Overview This report helps implement Program 3.4 of the Housing Element, which requires that the City amend the Housing Incentive Program based on findings of a feasibility analysis. This report analyzes the physical feasibility of current zoning standards to achieve different housing types (e.g., townhomes, apartments). Architects prepared prototypical site and unit plans based on the City’s development standards, including building height, density, setbacks, open space, and parking requirements. Then, the architects adjusted various zoning levers, modifying zoning standards to increase unit yield and further support housing production and affordability. This analysis is accompanied by Keyser Marston Associates’ (KMA) financial feasibility analysis to determine whether the prototypes resulting from existing and modified zoning standards are financially feasible. Purpose & Findings 50’-0”50’-0” 40’-0”Height Limit Buffer Modified CD-C ZoningExisting CD-C Zoning 60’-0” 60’-0” City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element2 Mixed-Use Zones RM Zones Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30) Site 635 High Street 3700 El Camino Real 310 California Avenue 680 University Avenue 355 College Avenue Typical Interior Lot 1035 E Meadow Circle Lot Size 50’x102’150’x106’90’x125’100’x100’50’x132’50’x100’300’x145’ Square feet 5,125 15,761 11,250 10,000 6,626 5,000 43,560 Existing Retail No Yes Yes No No No No Test Sites RM-20 CD-C RM-30 ROLM CN RM-40 CC(2) Physical Feasibility Analysis Report 3 Key Findings Existing zoning standards generally support townhome development with surface or tuck- under parking. This is largely due to low lot coverage allowances and densities/FARs, deep setbacks, and relatively high parking and landscaping requirements. Townhomes are a fine prototype, but limited in their ability to produce affordable and market rate housing. Existing standards generally do not support apartments and condominiums in “stacked flats” configuration or mixed-use development with ground-floor retail. To achieve these higher densities, opportunities for more affordable housing, and more financially feasible development, the modified zoning standards explore adjustments to several zoning levers: • Reducing setbacks, especially on the street side • Increasing lot coverage, FAR, and density • Increasing height limits and adjusting daylight plane requirements • Reducing landscaping coverage and allowing flexibility in the placement of common open space • Reducing parking requirements, consistent with State law allowances • Reducing ground-floor retail requirements outside of neighborhood commercial centers City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element4 Retail Preservation Requirements Revisions •Revise use requirements for retail •Do not require one-for-one replacement: allow minimum FAR standard for retail •Revise Retail preservation applicability •Only require retail at key nodes. Allow 100% residential in between nodes on commercial corridors, and Housing Element opportunity sites •Clarify that Retail Preservation replacement is allowed on two floors Objectives •Support affordable and market rate housing production goals, as specified in the Housing Element •Allow for apartment housing formats •Accommodate stacked flats and mixed-use development •Enable financial feasibility •Retain Palo Alto design values 50’-0” 14’-0” 25’-0” 36’-0” 40’-0”60’-0”Redefine maximum height of buildings to measure to top of structure, rather than top of parapet to allow a more reasonable fit within the height limit. Decrease parking requirements, consistent with State law allowances: The space taken up by parking compared to housing can be close to 1:1. ✓X 2-Bedroom Unit 828 sf 3 parking spaces plus drive aisle = 837 sf12’-0’ Circulation (aisle width) 19’ x 9’ Parking Space Guest Parking 23’ x 36’ Physical Feasibility Analysis Report 5 Ground Floor Upper Level Development Standard Revisions • Increase or eliminate maximum residential densities, which do not directly affect building massing • Increase FAR and building height • Revise the Daylight Plane to allow for at least two stories of development • Revise height buffer in CD-C district: 150 feet is too far from “adjacent” residential to create a meaningful transition • Revise Height Limit Buffer to apply only when the entire site is within the buffer • Revise Height Limit Buffer to apply to area within 10 feet of a visible property line (thus defining a setback) Lot Standard Revisions • Decrease landscape/open space coverage. The Ground Floor is a contested space. The more Landscape/Open Space is required, the smaller the podium. It’s a big trade-off. • Allow landscape/open space to be counted above the ground floor on small sites (e.g, at the podium level) • Reduce setbacks, especially on the street side which tend to be deep even though this does not affect neighbors. • Allow zero setbacks or mixed-use citywide or on commercial streets like California Avenue, University Avenue, and El Camino Real • Reduce rear setback near roads. Count the alleyways/lanes/service roads in lieu of rear setback Revise the daylight plane to allow at least two stories at the edges of sites. Allow the landscape/open space requirement to be met on upper levels to free up contested space at the ground level. Ground Floor City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element6 CD-C District Alle y 50’ - 0 ” 102’-6 ” Alle y Prim a r y S t r e e t Modified CD-C Zoning 15 Apartments Existing CD-C Zoning 4 Townhomes The Height Limit Buffer and requirement for open space at the ground floor limit the amount of housing potential on the site. Housing capacity almost quadruples when allowing 10 more feet of height, eliminating the height buffer, and open space requirements to met on top of podiums. Prim a r y S t r e e t Physical Feasibility Analysis Report 7 Existing CD-C Zoning Modified CD-C Zoning Setback: Front N/A N/A Setback: Interior Side N/A N/A Setback: Rear 10 feet for residential portion 5 feet for residential portion Setback: Street Side Yard N/A N/A Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer Yes (40 feet)No Height Limit 50 feet 60 feet Daylight Plane N/A N/A Maximum Site Coverage N/A N/A Minimum Landscape/Open Space Coverage 20% on ground 20% on ground and/or upper level Parking: Studio/1BR 1 1 Parking: 2+ BR 2 1.5 Maximum FAR Overall 2.0 4.0 Maximum Residential FAR 1.0 4.0 Maximum Commercial FAR 1.0 0.0 Parking Required 2 per unit 8 spaces 1.5 per unit 17.5 spaces Total Number of Units 4 units 15 units Average Unit Size 1,575 sf 1,003 sf Density 34 du/ac 127 du/ac FAR Overall 1.23 FAR 4.07 FAR Parking Provided (spaces)8 spaces 18 spaces Parking Type Covered, tandem Podium, tandem 50’-0” 14’-0” 25’-0” 36’-0” 40’-0” 60’-0” 50’-0” 40’-0”Height Limit Buffer Modified CD-C ZoningExisting CD-C Zoning PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. 60’-0” Height Limit City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element8 Retail l/wk l/wk l/wk l/wktrash Retail Open S p a c e Ramp 150’-0 ” 106 ’ CN District Existing CN Zoning 16 Apartments A height limit buffer, maximum height limit, and daylight plane apply to this site. With a 35% minimum landscape/open space coverage, there is not much left space left for mixed use development. Underground parking is therefore required. Modi ied CN Zoning 33 Apartments More housing is possible by raising the height limit, allowing modest changes to the setbacks, and allowing the landscape/open space to be located on upper levels. Parking is accommodated at grade using mechanical lifts. Primar y S t r e e t Primar y S t r e e t Alley Alley Sid e S t r e e t Ramp Sid e S t r e e t Physical Feasibility Analysis Report 9 Existing CN Zoning Modified CN Zoning Setback: Front 0-10’ for sidewalks 0-10’ for sidewalks Setback: Interior Side 10 feet 5 feet Setback: Rear 10’ for residential portion 5’ for residential portion Setback: Street Side Yard 5 feet 5 feet Build-to-Lines: Frontage 50%50% Build-to-Lines: Side Street 33%33% Height Limit Buffer Yes (35 feet)Daylight plane in-lieu of buffer Height 40 feet 50 feet Daylight Plane 16 feet height, 60 degrees 16 feet height, 60 degrees Maximum Site Coverage 50%100% Minimum Landscape/Open Space Coverage 35% on ground 35% on ground and/or upper level Parking: Studio/1BR 1 1 Parking: 2+ BR 2 1.5 Maximum FAR Overall 1.5 FAR 3.5 FAR Maximum Residential FAR 1.5 FAR 3.5 FAR Maximum Commercial FAR 0.4 FAR 0.4 FAR Minimum Mixed-Use Ground Floor Commercial FAR 0.15 FAR 0 FAR Parking Required 34 spaces 42 spaces Total Number of Units 16 units 33 units Average Unit Size 735 sf 742 sf Retail Preservation 2900 sf 0 sf Density 44 du/ac 91 du/ac FAR Overall 1.22 FAR 2.57 FAR Parking Provided 35 total spaces 46 spaces Parking Type Underground, tandem Podium, mechanical 16’-0”60 Modified CN Zoning 16’-0”60 35’-0” 20’-0” 30’-0” 35’-0” Existing CN Zoning 35’-0” Height Limit Buffer 16’-0”16’-0”60° 40’ Height Limit Day l i g h t P l a n e Day l i g h t P l a n e PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. 50’-0” Height Limit City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element10 CC(2) District Existing CC(2) Zoning 3 Townhomes Building height, setbacks, lot coverage, parking requirements, and FAR maximums apply to this site. Two levels of underground parking is required to meet minimum parking standards, which is costly. Existing residential FAR limits and setbacks limit the housing to 3-stories and to only 3 units. Modified CC(2) Zoning 34 Apartments More housing is possible by raising the height limit, eliminating setbacks, allowing the landscape/open space to be located on upper levels and increasing the FAR. Retail parking is not provided onsite but in district commercial parking structures. Residential parking is provided onsite in mechanical lifts. Prim a r y S t r e e t Prim a r y S t r e e t Side S t r e e t Side S t r e e t Alle y 125’-0 ” 90’ - 0 ” Alle y Ramp Ret a i l Open S p a c e Ret a i l Open S p a c e Physical Feasibility Analysis Report 11 Existing CC(2) Zoning Modified CC(2) Zoning Setback: Front 0-10’ for sidewalks 0 feet Setback: Interior Side 10 feet 0 feet Setback: Rear 10’ for residential portion 0 feet Setback: Street Side Yard 5 feet 0 feet Build-to-Lines: Frontage 50%50% Build-to-Lines: Side Street 33%33% Height Limit Buffer Not Applicable Not Applicable Height 37 feet 60 feet Daylight Plane Not Applicable Not Applicable Maximum Site Coverage 100%100% Minimum Landscape/Open Space Coverage 20% on ground (23% shown) 20% (on any level) Parking: Studio/1BR 1 0.5 Parking: 2+ BR 2 1.0 Parking: Retail 1 per 250 sf First 1,500sf exempt 0 offsite with district parking Maximum FAR Overall 2.0 FAR 3.5 FAR Maximum Residential FAR 1.5 FAR 3.5 FAR Maximum Commercial FAR 0.4 FAR 0.4 FAR Minimum Mixed-Use Ground Floor Commercial FAR 0.25 FAR 0.25 FAR Total Number of Units 3 units (tuck under parking)34 units Average Unit Size 1,800 sf 902 sf Retail Preservation 10,700 2,812 sf Density 11 du/ac 132 du/ac FAR Overall 1.43 FAR 3.81 FAR Residential FAR 0.47 FAR 3.56 FAR Commercial FAR 0.96 FAR 0.25 FAR Parking Provided 38 commercial spaces 27 residential spaces Parking Type 2 levels underground Podium, mechanical PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. 37’ Height Limit Existing CC(2) Zoning Modified CC(2) Zoning 60’-0” Height Limit City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element12 Primar y S t r e e t Sid e S t r e e t Primar y S t r e e t Sid e S t r e e t RM-20 District Existing RM-20 Zoning 4 Apartments The daylight plane, height limit, setbacks, and maximum site coverage limit unit yield on this site. Modified RM-20 Zoning 7 Apartments Adjustements to zoning allow the development envelope to be more flexible and doubles the amount of housing possible on the site. Physical Feasibility Analysis Report 13 Existing RM-20 Zoning Modified RM-20 Zoning Setback: Front 20 feet 10 feet Setback: Interior Side 10, 6 feet 5 feet Setback: Rear 10 feet 5 feet Setback: Street Side Yard 16 feet 5 feet Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer N/A N/A Height 30 feet 40 feet Daylight Plane 10 feet, 45 degrees 2 story residential edges or 16 feet, 45 degrees Maximum Site Coverage 35%65% Minimum Landscape/Open Space Coverage 35% on ground 35% on ground and/or upper level Parking: Studio/1BR 1 1 Parking: 2+ BR 2 1.5 Maximum Density 20 du/ac No maximum Maximum FAR Overall 1.0 FAR 2.0 FAR Parking Required 8 spaces 10.5 spaces Total Number of Units 4 units 7 units Average Unit Size 2,500 sf 2,341 sf Density 18 du/ac 32 du/ac FAR Overall 1.0 FAR 1.21 FAR Parking Provided (spaces)8 spaces 11 spaces Parking Type Tuck under Tuck under 10’-0”10’-0” 30’-0” Height Limit 30’-0” Height Limit Dayl i g h t p l a n e Dayl i g h t p l a n e 45 degrees 45 degrees Modified RM-20 ZoningExisting RM-20 Zoning 30’-0” Height Limit 10’-0” Dayl i g h t P l a n e 16’-0” 45°45° Dayl i g h t P l a n e 40’-0” Height Limit PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element14 RM-30 District Existing RM-30 Zoning 4 Apartments The daylight plane and maximum site coverage limits development to the extent that the prototype does not reach the limits of the building envelope. Modified RM-30 Zoning 7 Apartments Modification of the daylight plane and the maximum site coverage allows for development to fill the building envelope while still maintaining the daylight plane. Side S t r e e t Side S t r e e t Prim a r y S t r e e t Prim a r y S t r e e t Physical Feasibility Analysis Report 15 16’-0”45 Dayl i g h t p l a n e 10’-0”45 degrees Dayl i g h t p l a n e Existing RM-30 Zoning Modified RM-30 Zoning Setback: Front 20 feet 10 feet Setback: Interior Side 10, 6 feet 5 feet Setback: Rear 10 feet 5 feet Setback: Street Side Yard 16 feet 5 feet Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer N/A N/A Height 35 feet 40 feet Daylight Plane 10 feet, 45 degrees 2 story residential edges or 16 feet, 45 degrees Maximum Site Coverage 40%65% Minimum Landscape/Open Space Coverage 30%30% Parking: Studio/1BR 1 1 Parking: 2+ BR 2 1.5 Maximum Density 30 du/ac No maximum Maximum FAR Overall 1.0 FAR 2.5 FAR Parking Required 8 spaces 10.5 spaces Total Number of Units 4 7 Average Unit Size 1,650 sf 1,457 sf Density 27 du/ac 47 du/ac FAR Overall 1.0 FAR 1.62 FAR Parking Provided 8 spaces 11 spaces Parking Type Tuck under, driveway Tuck under, tandem Modified RM-30 ZoningExisting RM-30 Zoning 35’-0” 10’-0”16’-0” 45°45° Daylight Plane Daylight Plane PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. 40’-0” Height Limit City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element16 RM-40 District Existing RM-40 Zoning 4 Townhomes The setbacks and daylight plane on this small (and typical) site limit the shape of the building reducing the amount of housing possible on the site. The daylight plane rules prevent a development from meeting the district height limit. This site test assumes no parking. Stre e t F r o n t a g e Stre e t F r o n t a g e 50’ - 0 ” 50’ - 0 ” 100’-0 ” 100’-0 ” Existing RM-40 Zoning - No Parking 8 Apartments To better understand the maximum development possible within this limited building envelopment, the site test was run again without parking requirements. Physical Feasibility Analysis Report 17 Modified RM-40 Zoning - 10,000sf site 21 Apartments The width of two typical lots allows the layout of podium parking to be more efficient. Parking was also modified to 1 space per unit minimum. The number of units is still limited by the modified parking required, resulting in three stories over podium parking. Stre e t F r o n t a g e Modified RM-40 Zoning 16 Apartments Revising setbacks to be more uniform with other zoning districts and removing the daylight plane allows a regularly shaped building and more capacity of housing. This allows for four stories of housing on top of the podium if only the building envelope was considered, excluding limits on FAR, density, or parking. City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element18 Existing RM-40 Zoning Existing RM-40 Zoning Setback: Front 20 feet 20 feet Setback: Interior Side 10, 6 feet 10, 6 feet Setback: Rear 10 feet 10 feet Setback: Street Side Yard 16 feet 16 feet Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer N/A N/A Height 40 feet 40 feet Daylight Plane 10 feet, 45 degrees 10 feet, 45 degrees Maximum Site Coverage 45%45% Minimum Landscape/Open Space Coverage 30%30% Parking: Studio/1BR 1 0 Parking: 2+ BR 2 0 Maximum Density 40 du/ac No maximum Maximum FAR Overall 1.0 FAR 1.0 FAR Parking Required 7 spaces 0 spaces Total Number of Units 4 units 8 units Average Unit Size 1,009 sf 644 sf Density 34 du/ac 67 du/ac FAR Overall 0.88 FAR 1.0 FAR Parking Provided 7 spaces 0 spaces Parking Type Podium N/A 50’-0” Height Limit 35’-0” Height @ intersection of the daylight planes 10’-0” 45 d e g r e e d a y l i g h t p l a n e 50’-0” Height Limit 35’-0” Height @ intersection of the daylight planes 10’-0” 45 d e g r e e d a y l i g h t p l a n e Modified RM-40 ZoningExisting RM-40 Zoning 40’-0” Height Limit 40’-0” Height Limit 35’-0” Intersection of daylight planes 35’-0” Intersection of daylight planes 10’-0” 30’-0”30’-0” 10’-0” 45°45° PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. Physical Feasibility Analysis Report 19 Modified RM-40 Zoning Modified RM-40 Zoning Setback: Front 10 feet 10 feet Setback: Interior Side 5 feet 5 feet Setback: Rear 5 feet 5 feet Setback: Street Side Yard 5 feet 5 feet Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer N/A N/A Height 50 feet 50 feet Daylight Plane N/A N/A Maximum Site Coverage 70%70% Minimum Landscape/Open Space Coverage 20%20% Parking: Studio/1BR N/A 1 Parking: 2+ BR N/A 1 Maximum Density No maximum No maximum Maximum FAR Overall N/A 2.5 FAR Parking Required N/A 21 spaces Total Number of Units 16 units 21 units Average Unit Size 644 sf 734 sf Density 130 du/ac 91 du/ac FAR Overall 2.8 FAR 2.3 FAR Parking Provided 6 spaces 21 spaces Parking Type Podium Podium, mechanical 45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0” 45’-0”45’-0” 45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0” 45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0” 45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0” Modified RM-40 Zoning (10,000 sf lot)Modified RM-40 Zoning 50’-0” Height Limit50’-0” Height Limit 40’-0” 50’-0” PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element20 ROLM District Existing ROLM Zoning 16 Apartments The existing height limit restricts the housing typology to townhomes. The potential is much higher at this site. The 40% maximum site coverage is also a constraint on housing potential for stacked flats. Modified ROLM Zoning 130 Apartments More housing is possible If the height limit and maximum site coverage is revised to allow for apartments. Allowing the landscape/open space requirement to be met on upper levels also contributes to efficient use of the site. Pri m a r y S t r e e t Pri m a r y S t r e e t 304’ 293’ 145 ’ Physical Feasibility Analysis Report 21 Existing ROLM Zoning Modified ROLM Zoning Setback: Front 20 feet 10 feet Setback: Interior Side 10, 6 feet 5 feet Setback: Rear 10 feet 5 feet Setback: Street Side Yard 16 feet 5 feet Build-to-Lines: Frontage N/A N/A Build-to-Lines: Side Street N/A N/A Height Limit Buffer N/A N/A Height 35 feet 60 feet Daylight Plane N/A N/A Maximum Site Coverage 40%70% Minimum Landscape/Open Space Coverage 30% on ground 20% on ground and/or upper level Parking: Studio/1BR 1 1 Parking: 2+ BR 2 1 Maximum FAR Overall 0.6 FAR 2.5 FAR Parking Required 32 spaces 130 spaces Total Number of Units 16 units 130 units Average Unit Size 1,633 sf 760 sf Density 16 du/ac 130 du/ac FAR Overall 0.6 FAR 2.7 FAR Parking Provided 32 spaces 139 spaces Parking Type Surface and tuck under Podium, Mechanical 58’-0” 60’-0” Height Limit 58’-0”58’-0” 65’-0”65’-0” 35’-0”35’-0” Existing ROLM Zoning Modified ROLM Zoning 35’-0” Height Limit PR O T O T Y P E R E S U L T S ST A N D A R D S Modified standards indicated in red. 30’-0” City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element22 Recommendations Potential Changes to Enable Feasibility Already Planned/Underway •Increase residential densities (on specific sites in Housing Element Sites Inventory) •Decrease parking requirements to match standards permitted under State law •AB2097 eliminates parking within ½ mile of Caltrain •State Density Bonus law allows reduced parking Additional Changes to Achieve Financial Feasibility and Stacked Flats/Mixed Use •Increase FAR and density •Increase building height •Reduce setbacks (esp. front/street side) •Increase maximum site coverage •Decrease landscape/open space coverage and allow more flexibility in open space •Revise retail preservation applicability Development standards work in unison. Other changes will be necessary to complement changes in density and parking. Other Changes to Consider to Enable Feasibility •Simplify and reduce requirements for open space •Modify the daylight plane for small lots or lots that have 100 foot depths or bigger •Reduce parking requirements for lots smaller than 10,000sf, “small lot program” •Modify height buffer (i.e., within 150 ft. of a residential use) •Allow height definition to exclude parapet height and rooftop mechanical •Exclude mechanical rooms from FAR so that building systems are not undersized Physical Feasibility Analysis Report 23 Mixed-Use Zones RM Zones Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30) Residential Units 4 12 3 4 4 4 16 Parking Spaces 8 21 38 8 8 7 32 Residential Density (du/ ac) 34 33 11 18 27 34 16 FAR 1.23 1.04 1.43 1.0 1.0 0.88 0.6 Building Height (feet)40 30 37 30 30 30 30 Typology Town Homes Town Homes Town Homes Town Homes Town Homes Town Homes Town Homes Financially Feasible?X X X X X X X Current Zoning Standards Yield Mixed-Use Zones RM Zones Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30) Residential Units 15 35 34 7 7 16 130 Parking Spaces 18 46 27 11 11 6 139 Residential Density (du/ac)127 97 132 32 47 130 130 FAR 4.07 2.19 3.81 1.21 1.62 2.8 2.7 Building Height (feet)60 50 60 40 40 50 58 Typology Apartments Apartments Apartments Town Homes Town Homes Apartments Apartments Financially Feasible?✓✓✓✓✓✓✓ Modified Zoning Standards Yield City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element24 Mixed-Use Zones RM Zones Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30) Development Intensity FAR 2.0 4.0 1.5 3.5 2.0 3.5 1.0 2.0 1.0 2.5 1.0 3.0 0.6 3.5 Res FAR 1.0 4.0 1.5 3.5 2.0 3.5 2.25 2.25 2.5 2.25 Minimum Mixed Use Ground Floor Commercial FAR N/A 0.15 0.0 0.25 0.0 N/A N/A N/A N/A Residential Density Max (du/ac) No max No max No max 20 No Max 30 No Max 40 No Max 30 No Max Residential Density Min (du/ac) N/A N/A N/A 11 16 21 16 Maximum Building Heights Height Limit Buffer Yes (50') Yes (40')No No No No No Height (feet)40 60 35 50 37 60 30 40 35 40 40 50 35 60 Daylight Plane (* for side and rear abutting R, lots less than 70 feet) N/A 16 feet height, 60 degrees (in lieu of buffer) N/A 10 16 feet, 45 degrees 10 16 feet, 45 degrees 10 feet, 45 degrees N/A N/A Physical Feasibility Analysis Report 25 Setbacks Setback: Front N/A 0-10' for sidewalks 0-10' for sidewalks 0 20 10 20 10 20 10 20 10 Setback: Interior Side N/A 10 5 10 0 10, 6 5 10, 6 5 10, 6 5 10, 6 5 Setback: Rear 10' 5 for residential portion 10' 5 for residential portion 10' for residential portion 0 10 5 10 5 10 5 10 5 Setback: Street Side Yard N/A 5 5 0 16 5 16 5 16 5 16 5 Mixed-Use Zones RM Zones Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30) Max Site Coverage N/A 100%100%35% 65%40% 65%45% 70%40% 70% Landscape/Open Space Coverage 20%35%20%35%30%20%30% Landscape/Open Space Location Ground floor only Ground floor and upper stories Parking Requirements Parking: Studio/1 BR 1 1 1 0.5 1 1 1 1 Parking: 2+ BR 2 1.5 2 1.5 2 1.0 2 1.5 2 1.5 2 1 2 1 HOUSING INCENTIVE PROGRAM STUDY: TESTING THE FINANCIAL FEASIBILITY OF MULTI-FAMILY HOUSING TYPOLOGIES Prepared for: C it y of Palo Alto Prepared by: Keyser Marston Associates, Inc. June 13 , 2024 Housing Incentive Program Study Page i Keyser Marston Associates, Inc. 2405001v2.PA / 17125.015.001 June 13, 2024 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ............................................................................................................... 1 A. FINANCIAL EVALUATION METHODOLOGY .................................................................................................. 1 B. BASE ZONING PROTOTYPE ANALYSIS ........................................................................................................ 1 C. PROPOSED ZONING PROTYPE ANALYSIS .................................................................................................... 4 D. ADDITIONAL POLICY CONSIDERATIONS ..................................................................................................... 6 II. FINANCIAL EVALUATION METHODOLOGY .................................................................................. 8 A. ANALYSIS OF BASE ZONING PROTOTYPES .................................................................................................. 8 B. ANALYSIS OF PROPOSED ZONING PROTOTYPES ........................................................................................... 8 C. FINANCIAL EVALUATION ORGANIZATION ................................................................................................... 9 D. PRO FORMA ASSUMPTIONS ................................................................................................................. 10 III. ANALYSIS OF BASE ZONING PROTOTYPES ................................................................................ 12 A. SITE A: CD-C ZONE.......................................................................................................................... 12 B. SITE B: CN ZONE .............................................................................................................................. 13 C. SITE C: CC(2) ZONE .......................................................................................................................... 16 D. SITE D: RM-20 ZONE ........................................................................................................................ 18 E. SITE E: RM-30 ZONE ........................................................................................................................ 20 F. SITE F: RM-40 ZONE ......................................................................................................................... 21 G. CONCLUSIONS ................................................................................................................................... 23 IV. ANALYSIS OF PROPOSED ZONING PROTOTYPES ....................................................................... 25 A. SITE A: CD-C ZONE ........................................................................................................................... 25 B. SITE B: CN ZONE .............................................................................................................................. 27 C. SITE C: CC(2) ZONE .......................................................................................................................... 29 D. SITE D: RM-20 ZONE ........................................................................................................................ 32 E. SITE E: RM-30 ZONE ........................................................................................................................ 34 F. SITE F: RM-40 ZONE ......................................................................................................................... 35 G. CONCLUSIONS ................................................................................................................................... 42 V. POLICY CONSIDERATIONS ........................................................................................................ 44 A. APPLICABILITY OF ZONING MODIFICATIONS TO SMALL SITES ....................................................................... 44 B. APPLICABILITY OF ZONING MODIFICATIONS TO LARGER SITES ...................................................................... 44 C. CURRENT CITY PERMITS AND FEES ......................................................................................................... 45 D. CONCLUSIONS ................................................................................................................................... 45 Housing Incentive Program Study Page ii Keyser Marston Associates, Inc. 2405001v2.PA / 17125.015.001 June 13, 2024 ATTACHMENTS I. EXECUTIVE SUMMARY The City of Palo Alto (City) is considering modifications to the Zoning Ordinance to create incentives for multi-family and affordable housing development. The intent of the revised zoning standards is to enable multi-family housing typologies that are both physically feasible and financially feasible. To that end, the City engaged Keyser Marston Associates, Inc. (KMA) to evaluate the financial characteristics associated with prototypical residential projects. The intent of this financial analysis is to ensure that the proposed zoning modifications allow for financially feasible multi-family residential projects. The following report discusses the financial analyses prepared by KMA. A. Financial Evaluation Methodology KMA utilized the following methodology to evaluate the financial feasibility of each prototype: 1. KMA prepared pro forma analyses based on the scopes of development that were provided by Urban Field Studio. 2. The pro forma analyses were used to compare the value supported by the prototype project to the project’s development cost plus a standard developer profit. 3. If the project’s estimated value was less than the estimated costs plus developer profit, the project was deemed not likely to be built. B. Base Zoning Prototype Analysis As the first step in the process, Urban Field Studio and Lexington Planning created prototype development scenarios for six sites that comport with the City’s current development standards. For the purposes of this KMA analysis, “current” and “base” development standards refer to the base zoning standards applicable citywide, but do not take into account increased density standards available to Housing Element opportunity sites (adopted December 2023) or those available per State of California (State) Density Bonus Law. As described in Attachment 1, KMA evaluated the financial feasibility of each “Base Zoning Prototype.” As can be seen in Attachment 1, each of the Base Zoning Prototypes was found not likely to be developed under the City’s current zoning standards. The results of the KMA analyses of the Base Zoning Prototypes are presented in the table on the following page. SITE C SITE F CC(2) Zone RM-40 Zone I.Site Area (Sf)11,250 5,000 II.Development Scope A.Unit Type Townhome Apartment Townhome Townhome Townhome Townhome B.Unit Mix Studio Units 0 3 0 0 0 1 One-Bedroom Units 0 1 0 0 0 0 Two-Bedroom Units 0 12 3 0 0 3 Three-Bedroom Units 4 0 0 2 4 0 Four-Bedroom Units 0 0 0 2 0 0 Total Units 4 16 3 4 4 4 B.Unit Sizes Studio Units 0 360 0 0 0 360 Live/Work One-Bedroom Units 0 0 0 0 0 0 One-Bedroom Units 0 528 0 0 0 0 Two-Bedroom Units 0 828 1,810 0 0 1,120 Three-Bedroom Units 1,575 0 0 1,891 1,429 0 Four-Bedroom Units 0 0 0 2,791 0 0 Net Living Area 6,300 11,544 5,430 9,364 5,716 3,720 Average SF/Unit 1,575 722 1,810 2,341 1,429 930 Retail GBA 0 2,900 10,784 0 0 Gross Building Area (Sf)6,300 19,701 18,230 9,364 5,716 3,720 Floor Area Ratio (FAR)1.23 1.22 1.53 0.94 0.86 0.74 Density (Units/Acre)34 44 12 17 26 35 III.Estimated Development Cost A.Land Value $1,614,000 $4,965,000 $3,544,000 $3,150,000 $2,087,000 $1,575,000 B.Direct Costs $2,387,000 $8,902,000 $9,571,000 $3,690,000 $2,284,000 $1,528,000 Per Sf of Net Saleable Area $379 $771 $1,763 $394 $400 $411 C.Public Permits & Fees $384,000 $1,392,000 $387,000 $412,000 $380,000 $364,000 Per Unit $96,000 $87,000 $129,000 $103,000 $95,000 $91,000 D.Indirect + Financing Costs $1,600,000 $3,515,000 $3,933,000 $2,505,000 $1,603,000 $1,146,000 As a % of Direct Costs 67%39%41%68%70%75% Total Development Cost $5,985,000 $18,774,000 $17,435,000 $9,757,000 $6,354,000 $4,613,000 Per Square Foot of GBA $950 $953 $956 $1,042 $1,112 $1,240 IV.Projected Revenues A.Residential Revenue $7,005,000 $781,000 $6,101,000 $9,575,000 $6,356,000 $4,164,000 Per Market Rate Unit $1,751,300 $4,300 $2,033,700 $2,393,800 $1,589,000 $1,041,000 Per Affordable Unit $0 $0 $0 $0 $0 $0 B.Net Sales Revenue / Value Residential Component $6,620,000 $5,765,000 $9,048,000 $6,006,000 $3,935,000 Retail Component 10,283,000 Total Net Sales Revenue / Value $6,620,000 $15,151,000 $16,048,000 $9,048,000 $6,006,000 $3,935,000 V. $794,000 $1,515,000 $1,720,000 $1,086,000 $721,000 $472,000 VI.Net Surplus/(Cost) A.Net Sales Revenue / Value $6,620,000 $15,151,000 $16,048,000 $9,048,000 $6,006,000 $3,935,000 B.Revenue Offsets Total Revenue Offsets $6,779,000 $20,289,000 $19,155,000 $10,843,000 $7,075,000 $5,085,000 VII.Net Surplus/(Cost)($159,000)($5,138,000)($3,107,000)($1,795,000)($1,069,000)($1,150,000) $15,151,000 Threshold Developer Profit @ 12% Net Residential Sales Revenue or CD-C Zone CN Zone RM-20 Zone RM-30 Zone 5,125 15,761 10,000 6,626 SITE A SITE B SITE D SITE E C. Proposed Zoning Protype Analysis Subsequent to the analysis of the Base Zoning Prototypes, Urban Field Studio and Lexington Planning created prototype development scenarios that modified current development standards (Proposed Zoning Prototypes). The purpose of modifying current development standards was to create zoning requirements that allow for the development of multi-family projects that are both physically and financially feasible. Modifications were made to a variety of development standards such as: reduced parking ratios, increased building height, increased floor-area-ratios (FAR), reduced setbacks, modified daylight planes, reduced lot and landscape coverage and changes to ground floor retail requirements. Specifically, the modifications were intended to allow for additional units to be constructed on each of the development sites (e.g., increased FAR) and/or to reduce the costs associated with developing residential units (e.g. reduced parking requirements). These factors have a direct impact on the financial feasibility of each development prototype. The Proposed Zoning Prototypes evaluated in this analysis are the result of an iterative process between KMA, Urban Field Studio, Lexington Planning and the City. A number of potential modifications were tested for each of the sites in order to develop prototypes that were both physically and financially feasible. In particular, for the RM-40 Zone site, three scenarios for proposed modifications were evaluated in this analysis. The KMA financial analyses of the Proposed Zoning Prototypes are presented in Attachment 2. As shown, each of the Proposed Zoning Prototypes was found to be financially feasible under the proposed zoning modifications. The results of the KMA analyses of the Proposed Zoning Prototypes are presented in the table on the following page. SITE A SITE B SITE C SITE D SITE E No Parking Limited Parking 10,000 SF Lot I.Site Area (Sf)5,125 15,761 11,250 10,000 6,626 5,000 5,000 10,000 II.Development Scope A.Unit Type Condo Apartment Apartment Townhome Townhome Apartment Apartment Apartment B.Unit Mix Studio Units 0 0 8 0 0 4 3 0 Live/Work One-Bedroom Units 0 4 0 0 0 0 0 0 One-Bedroom Units 10 11 6 0 0 4 3 2 Two-Bedroom Units 1 18 16 2 0 0 6 16 Three-Bedroom Units 4 0 4 5 7 0 0 3 Total Units 15 33 34 7 7 8 12 21 B.Unit Sizes Studio Units 0 0 514 0 0 415 450 0 Live/Work One-Bedroom Units 0 1,050 0 0 0 0 0 0 One-Bedroom Units 751 528 713 0 0 678 637 625 Two-Bedroom Units 1,240 828 1,066 1,593 0 0 740 971 Three-Bedroom Units 1,500 0 1,302 1,795 1,457 0 0 1,250 Net Living Area 14,746 24,912 30,654 12,163 10,199 4,370 7,701 20,540 Average Square Feet / Unit 983 755 902 1,738 1,457 546 642 978 Gross Building Area (Sf)20,841 33,240 42,895 12,163 10,199 5,016 10,725 26,114 Floor Area Ratio (FAR)4.07 2.11 3.81 1.22 1.54 1.00 2.15 2.61 Density (Units/Acre)127 91 132 30 46 70 105 91 III.Estimated Development Cost A.Land Value $1,614,000 $4,965,000 $3,544,000 $3,150,000 $2,087,000 $1,575,000 $1,575,000 $3,150,000 B.Direct Costs $7,724,000 $12,553,000 $15,434,000 $4,614,000 $3,763,000 $1,895,000 $3,959,000 $9,727,000 Per Square Foot $524 $504 $503 $379 $369 $434 $514 $474 C.Public Permits & Fees $1,425,000 $2,805,000 $2,958,000 $686,000 $665,000 $656,000 $1,008,000 $1,827,000 Per Unit $95,000 $85,000 $87,000 $98,000 $95,000 $82,000 $84,000 $87,000 D.Indirect + Financing Costs $3,138,000 $5,250,000 $6,007,000 $2,222,000 $1,764,000 $915,000 $1,616,000 $3,864,000 As a % of Direct Costs 41%42%39%48%47%48%41%40% Total Development Cost $13,901,000 $25,573,000 $27,943,000 $10,672,000 $8,279,000 $5,041,000 $8,158,000 $18,568,000 Per Square Foot of GBA $667 $769 $651 $877 $812 $1,005 $761 $711 IV.Projected Revenues A.Residential Revenue $17,097,000 $1,741,000 $1,168,000 $12,863,000 $10,220,000 $363,000 $622,000 $1,234,000 Per Market Rate Unit $1,246,800 $4,500 $4,200 $2,060,700 $1,620,200 $3,700 $4,200 $5,100 Per Affordable Unit $444,500 NA NA $499,000 $499,000 NA NA NA B.Total Net Sales Revenue / Value $16,157,000 $28,825,000 $31,327,000 $12,156,000 $9,658,000 $5,925,000 $10,325,000 $20,650,000 V. $1,939,000 $2,883,000 $3,133,000 $1,459,000 $1,159,000 $593,000 $1,033,000 $2,065,000 VI.Net Surplus/(Cost) A.Net Sales Revenue / Value $16,157,000 $28,825,000 $31,327,000 $12,156,000 $9,658,000 $5,925,000 $10,325,000 $20,650,000 B.Revenue Offsets Total Revenue Offsets $15,840,000 $28,456,000 $31,076,000 $12,131,000 $9,438,000 $5,634,000 $9,191,000 $20,633,000 VII.Net Surplus/(Cost)$317,000 $369,000 $251,000 $25,000 $220,000 $291,000 $1,134,000 $17,000 Threshold Developer Profit @ 12% Net Residential Sales Revenue or 10% of Apt Value SITE F CD-C Zone CN Zone CC(2) Zone RM-20 Zone RM-30 Zone RM-40 Zone D. Additional Policy Considerations The following section provides additional policy considerations for the City: APPLICABILITY OF ZONING MODIFICATIONS TO SMALL SITES The City is also interested in understanding the impact on financial feasibility if the reductions in required parking ratios and/or building height and FAR are less substantial than those applied in the Proposed Zoning Prototypes analysis. A key factor that should be considered in the decision making process is that many of the sites evaluated in this analysis are fairly small – consisting of between 5,000 and 15,000 square feet of land area. For a development on a small site to achieve financial feasibility it is necessary to be able to create an extremely efficient design. Parking Standards The proposed reduction in the parking requirements significantly enhances the potential for financially feasible residential uses to be developed. A change to the proposed parking standard would require more site area to be dedicated for parking spaces, which would materially reduce the site’s buildable area. Given the limited number of units that each site can support a loss of even a few units on each site results in a significant impact on financial feasibility. Height and FAR Standards The achievable building footprint on a small site is disproportionately lower than the footprint that can be accommodated on a more typically sized development site. The proposed increases in FAR and height are necessary to compensate for this limitation. Recognizing the small number of units that can be accommodated per floor, even the reduction of one floor of building area has a significant impact on financial feasibility. APPLICABILITY OF ZONING MODIFICATIONS TO LARGER SITES As discussed above, this analysis primarily focuses on small sites. The site sizes were intended to be representative of typical parcel sizes within each zoning designation. However, the proposed zoning modifications may be applied to sites of all sizes within each zoning designation. Therefore, a developer may utilize the proposed zoning modifications on sites larger than evaluated in this analysis. Without the physical constraints imposed by small sites, larger sites will likely be developed with more efficiently designed projects. Therefore, it is possible that the proposed zoning modifications will have a greater positive financial impact on larger sites. CURRENT CITY PERMITS AND FEES The pro forma analyses included in this report take into account the City’s current permits and impact fees. Specifically, the development costs for each prototype include the following impact fees: parks fee, community center fee, libraries fee, public safety facilities fee, general government facilities fee, school district fee, and the in-lieu art fee. As such, the financial analyses demonstrate that Proposed Zoning Prototypes are financially feasible with the City’s current impact fee schedule. CONCLUSIONS Based on the financial analyses that KMA has prepared over the course of this engagement, it is our opinion that the proposed modifications to the zoning standards are necessary to create sufficient incentive to attract residential development on the prototypical sites evaluated in this analysis. This is particularly true of the parking requirements and building height/FAR, all of which tend to have an outsized impact on financial feasibility. To download the complete Keyser Marston Associates’ report, “Housing Incentive Program Study: Testing The Financial Feasibility Of Multi-Family Housing Typologies,” please use the link below: https://www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-development- services/long-range-planning/kma-housing-incentive-program-report_2405001v3.pdf Item No. 9. Page 1 of 4 Comparison Between City Incentive Programs and State Housing Laws State Density Bonus Law (Gov. Code Section 65915): This law gives developers the right to build additional dwelling units and obtain flexibility in local development requirements, in exchange for building on-site affordable or senior housing. To support the development of affordable and senior housing, projects can receive “waivers” and “concessions” to modify applicable regulations. This could include standards such as height, setbacks, parking, and ground-floor retail requirements. The handout in Attachment G includes a more thorough description of State Density Bonus Law and how it applies in Palo Alto. SB 35 Streamlining for Affordable Housing (Gov. Code Section 65913.4): Effective since 2018, this law allows housing development projects that meet certain physical and affordability criteria to undergo expedited project review and ministerial approval. Palo Alto is subject to SB 35 based on the City’s limited progress toward meeting the City‘s low-income housing targets in its RHNA. To be eligible for SB 35 streamlining in Palo Alto, a project must provide at least 50% of their residential units at a rate affordable to low-income households. SB 35 projects are frequently combined with State Density Bonus Law to achieve density bonuses and waivers/concessions. Item No. 9. Page 2 of 4 Table F-1: Comparison Between Proposed HIP and State Density Bonus Law Proposed HIP State Density Bonus Law Benefits Drawbacks Constants Item No. 9. Page 3 of 4 AHIP Table 2: Existing vs. Planned AHIP Regulations Compared to State Law Standard Existing Regulations Draft Amendments State Density Bonus Law SB 35 •Sites zoned CD, CN, CS, and CC, but excluding shopping centers •Sites within ½-mile of a major transit stop or ¼-mile of a high-quality transit corridor •Add all Housing Element opportunity sites •Add all sites eligible for the HIP Item No. 9. Page 4 of 4 Standard Existing Regulations Draft Amendments State Density Bonus Law SB 35 Maximum Floor Area Ratio Residential: 2.0 Non-Residential: 0.4 Total: 2.4 Allow up to 2.4 Residential FAR (without requiring commercial uses, except in - GF and -R combining districts), except 2.0 FAR for R-1 Zoned Faith Based Sites. 100% affordable projects (at least 80% at 80% of AMI and up to 20% at 120% of AMI): no density limit for projects that only regulate FAR and not residential density Per local requirements Maximum Building Height 50 feet Allow up to 60 feet for projects at or below 60% of Area Median Income, except 50 feet for R-1 Zoned Faith Based Sites. 100% affordable projects (at least 80% at 80% of AMI and up to 20% at 120% of AMI): up to 3 additional stories or 33 feet (above base height limit) Per local requirements Minimum Parking Ratio 0.75 spaces/unit 100% affordable within ½- mile of transit: None Otherwise: 1 sp. per studio, 1-bed 1.5 sp. per 2-, 3-bed 2.5 sp. per 4+bed None if located within ½ mile of transit; otherwise maximum 1 space/unit Other Development Standards Max. Lot Coverage: 100% Min. Usable Open Space: 25-50 sq. ft./unit None required near transit (consistent with AB 2097 definitions) 0.5 spaces/unit elsewhere 100% affordable projects within ½-mile of transit: five concessions/incentives Per local requirements Modifications to HIP Density, FAR, Building Height, and Daylight Planes Table G-1 summarizes the proposed density, FAR, and height changes to the HIP. In the commercial districts, it distinguishes between sites that are designated or not designated as Housing Element opportunity sites, where existing standards diverge. The draft ordinance also includes modifications to setback and daylight plane requirements, which generally affect the RM districts and adjacencies to lower density residential districts, respectively. Collectively, these standards support livable spaces and respect adjacent uses, but may also limit development to townhomes or prevent sufficient unit yields to support financially feasible projects. Table G-1: Summary of Existing vs. Proposed HIP Maximum Building Height and Residential FAR/Density Standards Housing Incentive ProgramZoning District Base Standards Existing Proposed Standards CD-C 2.0 FAR (HE Opp Site) 1.0 FAR (Non-Opp Site) 3.0 FAR w/ TDR 50-foot height 3.0 FAR 50-foot height No changes proposed yet due to Downtown Housing Area Plan. That process may result in revised base zoning and HIP standards. CC(2) 1.5 FAR (HE Opp Site) 0.6 FAR (Non-Opp Site) 37-foot height 2.0 FAR 50-foot height 3.5 FAR (HE Opp Site)* 2.6 FAR (Non-Opp Site)* 60-foot height CS (El Camino) 1.25 FAR (HE Opp Site) 0.6 FAR (Non-Opp Site) 50-foot height 1.5 FAR 50-foot height 3.5 FAR (HE Opp Site)* 2.85 FAR (Non-Opp Site)* 60-foot height CS (San Antonio) 1.25 FAR/30-40 du/ac (HE Opp Site) 0.6 FAR/30 du/ac (Non-Opp Site) 50-foot height 2.0 FAR 50-foot height No changes proposed yet due to San Antonio Road Area Plan. That process may result in revised base zoning and HIP standards. CN (El Camino) 1.25 FAR (HE Opp Site) 0.5 FAR (Non-Opp Site) 40-foot height 1.5 FAR 50-foot height 3.25 FAR (HE Opp Site)* 2.5 FAR (Non-Opp Site)* 50-foot height GM/ROLM Focus Area 2.5 FAR 60-foot height N/A 3.5 FAR* No change in height RM-40 40-50 du/ac (HE Opp Site) 40 du/ac (Non-Opp Site) 1.0 FAR (All Sites) 40-foot height N/A 60 du/ac* 3.0 FAR* 50-foot height RM-30 30-50 du/ac (HE Opp Site) 30 du/ac (Non-Opp Site) 0.6 FAR (All Sites) 35-foot height N/A 60 du/ac* 2.5 FAR* 40-foot height Housing Incentive ProgramZoning District Base Standards Existing Proposed Standards RM-20 20-50 du/ac (HE Opp Site) 20 du/ac (Non-Opp Site) 0.5 FAR (All Sites) 30-foot height N/A 60 du/ac* (HE Opp Site) 40 du/ac (Non-Opp Sites) 2.0 FAR* 40-foot height Notes: *Except no residential density (du/ac) limit and additional 0.5 FAR bonus if at least 10% of units are 3+ bedroom units, to provide an incentive for family- friendly units. HE Opp Site = Housing Element Opportunity Sites Modifications to HIP Daylight Planes The HIP ensures height transitions in areas where higher density zones abut lower density zones or lower height structures, by continuing to enforce daylight plane and height transition standards. However, to accommodate taller heights, the ordinance proposes adjustments to the daylight plane to allow daylight planes to start higher. As shown in Figure G-1, the existing daylight plane makes is challenging to fit two full- height stories within the daylight plane area (left diagram). Modifying the initial daylight plane from 10 feet to 16 feet allows for development of two stories at the front of the site (right diagram). Figure G-1 illustrates the impact of these changes in the RM-30 zone. Figure G-1: Comparison of Existing and Modified Daylight Plane Requirements (RM-30 Zone Example) 9/9/2024 State Density Bonus Law (SDBL) State Density Bonus Law (SDBL) gives developers the right to build additional dwelling units and obtain flexibility in local development requirements, in exchange for building on-site affordable or senior housing. To support the development of affordable and senior housing, projects can receive “waivers” and “concessions” to modify applicable regulations. This includes standards such as height, setbacks, parking and ground-floor retail requirements. WAIVERS: Projects can request waivers, which are generally used to modify physical standards affecting the building envelope. CONCESSIONS: Projects are eligible for between one to five concessions, which are generally used to modify land use or design requirements that add to the cost of development. How Many? Unlimited 1 to 5, depending on level of affordability Which Standards? Development standards that would physically preclude the construction of the development at the density permitted by SDBL. Other regulations, where modifications would result in identifiable and actual cost reductions to provide for affordable housing costs Common Examples • Height limits • Daylight planes • Setbacks • Ground-floor retail requirements • Undergrounding utilities • Public or private open space requirements FURTHER READING: • Government Code Section 65915 MORE REQUIREMENTS AND EXAMPLES > Palo Alto Municipal Code Chapter 18.15 As required by State Law, the City’s zoning ordinance includes a code section detailing how State Density Bonus Law will be implemented in Palo Alto. Where the local ordinance is in conflict with State law, State law takes precedence. The SDBL offers developers the ability to modify certain development standards by requesting either waivers or concessions from the local jurisdiction. The City cannot require submission of reports of studies that are not otherwise required by State law. The burden is on the City to demonstrate that a requested concession or waiver is inconsistent with State law. SDBL vs. City Inclusionary Ordinance In order for a for-sale project to satisfy both SDBL and the City’s inclusionary housing requirements, units would need to remain affordable for at least 99 years. Rental projects pay a fee in-lieu of the on-site inclusionary housing requirement. However, under SDBL, a rental project must place units on- site and therefore, generally, will be not be subject to the fee PAMC Ch. 16.65: Affordable Housing Requirements State Density Bonus Law For-Sale Projects 15% on-site inclusionary requirement (moderate income level) 99-year term Very-low, low, and moderate income options 55-year term Rental Projects Fee payment in-lieu 55-year term Pro Tip: A project sponsor is not required to take advantage of a density bonus. If a project qualifies for State Density Bonus Law because of the City’s inclusionary housing requirement, it can still take advantage of the flexible development standards by requesting waivers and concessions. 9/9/2024 BASIC DENSITY BONUS ACHIEVABLE The density bonus and concessions achievable scale in proportion to the level of affordability and percentage of affordable units provided. The more affordable units and more deeply affordable those units are, the more a project can exceed local density standards. Various scenarios of affordability qualify, including the following minimum thresholds. Density Bonus (% increase) 20%35%50% 80%+ Number of Concessions 1 2 3 4 5 % Very Low- Income 5%11%15%16%100% % Low-Income 10%20%24%N/A 100% % For-Sale Moderate Income 10%40%44%45%N/A +20% 50% Base +35% 50% Base +50% 50% Base 70% 85% 100% Affordable Housing + Additional Affordable Housing =Total Income Restriction Moderate Income 44%+ Min. 5% Very Low or Moderate Moderate Income 5%= Maximum 50% Income Restriction 49% Low- Income 24%+ Very Low Income 9%=33% Very Low- Income 15%+ Moderate Income 15%=30% BASIC DENSITY BONUS BASED ON AFFORDABILITY ADDITIONAL DENSITY BONUS Maximum 100% Density Bonus Additional Density Bonus ADDITIONAL DENSITY BONUS Recent changes in SDBL allow an additional density bonus. • Projects that achieve the maximum 50% “basic” density bonus are eligible for additional density bonus, up to a 100% total bonus. • Projects must provide at least 5% additional units restricted to very-low or moderate income households. • The resulting development may not income restrict more than 50 percent of the total units. SDBL Eligible Project Types Minimum Affordability Percentage (Area Median Income) Very-Low Income 5% at <50% AMI Low-Income 10% at <80% AMI Senior Housing None Moderate Income (For Sale only)10% at <120% AMI 100% Affordable Up to 20% at <120% AMI; at least 80% at <80% AMI Special Populations 10% at <50% AMI Student Housing 20% low-income (30% of 65% AMI for single room occupancy room) Childcare Facility + Any of the Above See eligibility above Land Donation 10% at <50% AMI 9/9/2024 DENSITY BONUS FOR SPECIAL POPULATIONS • Projects housing seniors, foster youth, veterans, or homeless persons, are entitled to a density bonus equal to 20% of the target population units. • Affordable student housing projects are entitled to a density bonus equal to 35% of the student housing units. • Projects that include on-site childcare facilities may be entitled to an additional density bonus equal to the square footage of the childcare facility, as well as a concession or incentive that contributes to the economic feasibility of the facility. CALCULATING DENSITY (WITHOUT DU/ACRE DENSITY STANDARDS) Senior Housing Student Housing Veterans Foster Youth Homeless Childcare Facilities 20% 20% 35% 20% 20% Replacement Unit Requirements • Projects proposed with SDBL must replace any existing units that are rent-restricted or occupied by lower income households at the same income levels. • If household income is unknown, units are presumed to be occupied by lower income households in proportion to the percentage of lower income renters citywide. • For vacant or demolished units, look at affordability/ occupancy in the past 5 years. • Replacement means equivalent size (at least the same number of bedrooms). • Replacement units count toward density bonus qualification. • SB 330 (Gov Code. Section 66300.6) includes replacement/relocation provisions for protected units that may also apply to a project. Density Bonus = +17 more units Base development capacity = 48 units 1.5 FAR (50% Lot Coverage) Lot Size 200 feet x 200 feet = 40,000 square feet Base Floor Area 40,000 square feet x 1.5 FAR = 60,000 square feet Average Unit 40 feet x 25 feet = 1000 sq. ft per unit Common Space 25% x 1000 sq. ft. = 250 sq. ft. per unit Average Area per Unit Average Unit + Common Space = 1250 sq. ft. feet per unit Base Development = Base Floor Area = 60,000 square feet = 48 units Capacity Average Area per unit 1250 square feet per unit Density Bonus = Base Development Capacity x 35% 48 units x 35% = 16.8 rounded up to 17 units • For sites/zoning districts where maximum dwelling units per acre is not regulated, project sponsors must calculate “base” density by determining the realistic development capacity based on the combination of FAR, site coverage, building height, and other physical standards. • The density bonus is then granted as additional floor area/FAR in proportion to the number of bonus units. Therefore, FAR cannot be granted as a waiver. 9/9/2024 STATE DENSITY BONUS LAW (SDBL) PROJECT EXAMPLES Small Lot 15% Very Low-Income SDBL Rental Project Example: 10,000 sq. ft. site, FAR = 1.5: Typical Project + in-lieu fee payment (15,000 GFA @1,500 sf/unit) SDBL Project (50% Density bonus) Includes 2 on-site Very-Low Income units (50% bonus x 15,000 GFA = 22,500 sf @1,500 sf/unit) In 2024, a two-person household with a maximum income of $73,750 is eligible for a Very-Low Income unit. Their maximum rent for an apartment unit, or monthly costs for a for-sale unit, would be approximately $1,850. 10units 15units Medium Lot 20% Low-Income SDBL Rental Project Example: 1 acre site, Density = 30 du/ac SDBL Project (35% Density bonus) Includes 6 on-site Low Income units (61,500 sf @ 1,500 sf/unit) Typical Project + in-lieu fee payment (45,000 GFA @1,500 sf/unit) In 2024, a four-person household with a maximum income of $146,100 is eligible for a Low Income unit. Their maximum rent for an apartment unit, or monthly costs for a for-sale unit, would be approximately $3,650. 30units 41units State Density Bonus law sets a maximum parking standard that the City can impose on projects depending on unit sizes and distance to public transit. Project Types Maximum Ratio Any 1 space for each studio/1-bed 1.5 spaces for each 2-bed/3-bed 2.5 spaces for each 4+bed 20% low-income or 11% very low-income; and within ½ mile of a major transit stop 0.5 spaces per bedroom 100% affordable housing, supportive housing, and senior housing projects within ½ mile of a major transit stop No parking required Major Transit Stops • Caltrain stations • Intersecting bus lines with headways < 15 mins (SamTrans ECR, VTA line 22, and Marguerite line P, X, and Y) • Bus rapid transit stop (none in Palo Alto) 100% affordable housing projects within 1/2 mile of a major transit stop are eligible for • 5 concessions • 3 extra stories/additional 33 feet in height • Unlimited density bonus • No addtional waivers (unless the City agrees to them) 1/2 mile 1/2 mile DENSITY BONUS AROUND MAJOR TRANSIT STOPS (AS OF MAY 2024)PARKING REQUIREMENTS Retail Preservation Ordinance Matrix of Changes Table I-1 provides examples of how the retail preservation ordinance (RPO) applies to different locations, project types, and affordability levels. The table also identifies changes between the existing and proposed regulations. The key changes are adding exceptions from the RPO, as identified in Housing Element Program 3.4B and State law. While the ordinance always applies to GF and R combining districts in Downtown and California Avenue, and never applies to 100% affordable housing, other locations have exceptions whether driven by State law or existing or proposed City policy. Table I-1: Matrix of Retail Preservation Ordinance Exceptions Subject to RPO? Location/Type Existing Regulations Proposed Regulations (changes bolded)Exceptions, by Project Type GF Downtown Overlay Yes Yes None R California Avenue Overlay Yes Yes None El Camino Real Retail Nodes Yes Yes (see change to exceptions) Housing Element Opportunity Sites Exempt El Camino Real (Outside of Retail Nodes) Yes Yes (see change to exceptions) Reduced Replacement Standard (1,500 sq. ft.) 100% BMR Housing (120% AMI) No No None 100% BMR Housing (80% AMI) No No None Housing Element Opportunity Sites (HIP Projects) Yes Yes (see change to exceptions) Reduced Replacement Standard (1,500 sq. ft.) Housing Element Opportunity Sites (Not HIP Projects) Yes None High-Density Mixed-Use Projects Yes Yes Reduced Replacement Standard (1,500 sq. ft.) From:Palo Alto Forward To:Council, City Cc:PAHousingElement Subject:HIP/AHIP - Make it a Force for Housing! Date:Sunday, March 2, 2025 6:11:39 PM Attachments:HIP & AHIP Better Zoning (03.02.25).pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable Mayor Lauing and City Council, We support you in making HIP/AHIP strong and successful (Agenda Item #9 on March 3rd). Please see the attached petition with over 140 signatures in support of better zoning for more housing! You have the opportunity to make HIP/AHIP robust to more equitably distribute housing in our city, lessen climate emissions, increase customers within walking distance to local businesses, and provide more students at schools with declining enrollment. Ensure HIP/AHIP is strong and incentivises financially feasible projects - and Palo Alto Forward members will be right behind you supporting the housing we so desperately need. Thank you, as always, for everything you do for this city. -- Amie Ashton Executive Director Palo Alto Forward 650-793-1585 1 Dave Ashton Rev. Amy Zucker Morgenstern Amie Ashton Owen Byrd Michael Szeto Christopher Baum Michael Regula Courtney Chang Liz Gardner Claire Bailey Betty Howell Gina Dalma Janet Fenwick Joanne Ha Steve Pierce Tin Nguyen Rika Yamamoto anita Lusebrink Bryan Baker Jennifer DiBrienza Jason Holleb Joyce Beattie Rachel Miller Ryan Van Soelen Yuri Chang Michael Quinn Hayden Kantor Justin Yamamoto Avroh Shah Patty W Irish Joseph Luk Selin Jessa Jackie Wheeler Lori Linberg Brody Huval Johnson Solomon Barak Berkowitz Caleb Jones Zachary Anglemyer Chris Colohan Nanda Garber David Sloan Ron Hall Maria Rimmel Robert Neff Edward Hillard Mason Hayes Sandy Songy Mac Malone Baq Haidri Benjamin Moran Tom Harris Ken Hayes Cara Silver Lois Fowkes Tim Clark Annette Isaacson Samara Meir-Levi Terry Murphey Dennis Smith Ginny Madsen Francis Viggiano Sally Ahnger Kenneth Novak Momo Yanagihara Cindy Carroll Patricia Kinney Judith Wasserman 2 Adam Schwartz Rob Nielsen Alison Cingolani Steven Lee Hitoshi Yamamoto Paul Otto Joslyn Leve Rebecca Eisenberg Kenneth Ligda Nicholas Zamboldi Zachary Anglemyer Joseph Chuang MohammadAbu Talha Meredith Slaughter Linda Henigin Joby Bernstein Leslie Fong Divya Dhar Eileen Menteer Jacob Schwartz Kelsey Rogowski Kristi Iverson Sheila Fehring Stephen Levy Barb Voss Alice Schaffer Smith Rodney Leggett Bonnie Packer bill fitch Elaine Uang David Golden Jean Pressey Kate Conley Darel Chapman Auros Harman Tim Persyn Katherine Dumont Lizzie DeKraai Maggie Trinh Phyllis Brown Ellen Smith Gail Price Heather Williams Margit David Karen Morrison Elizabeth Weal Alex Strange Natalia Koulinka John Havlik Susan Chamberlain Courtney Hodrick Joy Sleizer Hershel Macaulay Jeffrey Salzman Shosh Vasserman Mary Nemerov Marcia Pugsley Sarah Bell Sheryl Klein Mimi Wolf Wilma Vaughn Alexia Olaizola Sunita Sastry Mary Beth Train Matthew Pauly Hillary Thagard Sophia Abramson Alex Konings Rachel Golden Linnea Wickstrom 3 From:Palo Alto Forward To:Council, City Cc:PAHousingElement Subject:Agenda Item #9 - HIP/AHIP Changes Date:Sunday, March 2, 2025 9:00:40 AM Attachments:HIP Support Ltr (03.02.25).pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable Mayor Lauing and City Council, Please see our attached letter in support of HIP/AHIP zoning changes. To make the program even more effective, we urge you to incorporate the following into the program: Expand HIP/AHIP citywide, not just to Housing Element inventory sites. More broadly upzoning, something originally proposed by staff, would facilitate additional units. Use higher FAR limits and heights for all commercial zones (i.e. at least 3.5 FAR and 60 feet for CN, CD, and all CS zones) or match the innovatve El Camino Real Focus Area development standards for these areas - we know this Council-driven formula works for housing. HIP must be better than State Density Bonus Law on parking or it isn’t an incentive and we won’t get the projects we envision. A parking minimum of 0.5 space per unit is an incentive, or eliminate parking mandates for housing as Mountain View has done. Exempt parking from FAR. We are “cannibalizing” housing units for parking spaces when FAR and height are already so limited under HIP. Meet with home builders between first and second reading and get their feedback. We know direct engagement works. Consistent with Program 3.4 of the Housing Element, require an annual report on HIP proposals and use data to inform modifications if we are not on track. We look forward to supporting future applications and projects across our city. Thank you! -- Amie Ashton Executive Director Palo Alto Forward 650-793-1585 March 2, 2025 SUBJECT: Agenda Item #9 - Zoning Code Amendments for Housing Honorable Mayor Ed Lauing and City Council, We appreciate Council’s consideration of changes to the Housing Incentive Program (HIP) and Affordable Housing Incentive Program (AHIP). These changes are timely given that we are over 1,000 units behind where we should be in terms of housing approvals. Per our Housing Element, HIP/AHIP will produce 550 housing units across our city. To do this, it must be robust enough to be an “incentive” to facilitate financially feasible projects in an environment of rising costs. Thus, w e are focusing comments on two aspects of HIP/AHIP: height/Floor Area Ratio (FAR) and parking requirements. Current requirements have an outsized impact on financial feasibility, and thus stymie project applications. The following items could be incorporated into HIP/AHIP to make it more successful: ● Expand HIP/AHIP citywide, not just to Housing Element inventory sites. More broadly upzoning, something originally proposed by staff, would facilitate additional units. ● Use higher FAR limits and heights for all commercial zones (i.e. at least 3.5 FAR and 60 feet for CN, CD, and all CS zones) or match the El Camino Real Focus Area development standards for these areas. 1 ● HIP must be better than State Density Bonus Law on parking or it isn’t an incentive and we won’t get the projects we envision. A parking minimum of 0.5 space per unit is an incentive, or eliminate parking mandates for housing as Mountain View has done. ● Exempt parking from FAR. We are “cannibalizing” housing units for parking spaces when FAR and height are already so limited under HIP. ● Meet with home builders between first and second reading and get their feedback. We know direct engagement works. ● Consistent with Program 3.4 of the Housing Element, require an annual report on HIP proposals and use data to inform modifications if we are not on track. 1 The El Camino Real Focus Area allows 4.0 FAR, an 85-foot height limit, with one parking space per unit. We know this Council-driven formula works for housing production . Changing FAR and height limits is the easiest way to make housing economically feasible so land, infrastructure, and development costs can be spread across units to drive down the cost per unit. 1 We hope that HIP/AHIP will be a great success in bringing units to locations across the city. We look forward to supporting housing projects that are submitted under this program. Thank you for your service to our community. Amie Ashton Executive Director And on behalf of the Board and Membership of Palo Alto Forward 2 From:Lizzie DeKraai To:Council, City Subject:Please support robust zoning for housing Date:Tuesday, February 25, 2025 2:26:19 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Honorable Mayor Lauing and City Council, My name is Lizzie DeKraai and I am an English teacher at Paly. This is my 9th year in Palo Alto and my 8th year teaching at Paly. I am disappointed at the slow rate we are zoning for, approving, and building new housing in our city. I moved to Palo Alto nine years ago after grad school because my now-husband got an internship in Menlo Park. We knew nothing of the Bay Area, but found an apartment we could barely afford in Palo Alto (2750$ for a 1 bedroom) that allowed pets. This was not an easy find! We lived paycheck to paycheck, maxing out credit cards in order to live, for years. In 2021, the landlord passed away, and the new ones raised the rent so much we had to move. Finding a comparable place to live took months and we now pay 3600 a month for a two bedroom built in 1941. It is falling apart, and is more than half of my monthly paycheck, but I hope to be able to live here for a very long time. Last year, the owners of our building - who live in Hong Kong - decided to put the whole lot on the market, so we were subject to tours and constant stress that it would be sold, forcing us to move. Thankfully they took it off the market but the threat that we will lose our home looms over us every single day. I just checked Zillow and there are literally no rentals in Palo Alto right now for a 2 bedroom apartment or home under $4000 that allows dogs. It is a precarious market for renters. There are not enough places to live! There just aren't. I want to live here, to be able to walk to work, to be close to my students' musical performances, football games, and plays. I am one of three English teachers at Paly who live in the city. I will not qualify for the teacher housing, although I am happy it's being built. It's still not enough. You must not give in to pressure from people afraid of diversity and inclusion. What better way to stand up to Trump and attacks on people of color and the poor than to make our city a place where more can live and thrive? Instead of symbolic gestures, commit to material change. Please expand incentives in the Housing Incentive Program for affordable and market-rate projects. Be ambitious with the zoning standards so more people can live here. Lessen the parking requirements and go much taller on heights especially in areas that already have tall buildings. I want more students in my school, younger neighbors who I can relate to, colleagues who I can socialize with on weekends, and bustling neighborhood businesses and restaurants. Please be brave and make decisions so that Palo Alto becomes a city where more and different kinds of people can live and thrive. Thank you, Lizzie DeKraai From:Jean Pressey To:Council, City Subject:Housing Zoning Date:Monday, February 24, 2025 8:31:10 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor and Councilmentbers, We desperately need more affordable housing in Palo Alto. I bought my first house here for less than $100,000, obviously many years ago. But housing costs have gone up at a faster rate than most salaries. It diminishes our community to have only rich people able to afford homes. Please meet the housing element requirements. Sincerely, Jean Pressey City of Palo Alto Housing Incentive Program, Affordable Housing Incentive Program, Retail Preservation Ordinance Public Hearing City Council March 3, 2025 Meeting Purpose 1.Receive presentation summarizing a draft ordinance amending: a.Housing Incentive Program b.Affordable Housing Incentive Program c.Retail Preservation Ordinance 2.Consider amendments to Title 18 to implement Programs 3.3A, B, & D, 3.4A-D, and 6.2A of the Housing Element 2 Background - Available Density Bonus Incentives 3 Housing Incentive Program (HIP) Modified development standards for market rate projects in commercial districts in exchange for processing through Architectural Review State Density Bonus Law (SDBL) Modified development standards in exchange for a percentage of on-site affordable or senior housing Affordable Housing Incentive Program (AHIP) Modified development standards for 100% middle- or low-income projects in commercial districts near transit in exchange for processing through Architectural Review Background: Housing Element Program 3.4A-D Housing Incentive Program (HIP): 1.Streamline process: one ARB meeting for projects that comply with objective standards. 2.Expand applicability: include RM zone and ROLM/GM Focus Area. 3.Modify zoning standards: Including building height, floor area ratio (FAR), and parking to enable greater housing production. Retail Preservation Ordinance: 4.Waive preservation requirements: For opportunity sites and reduce replacement requirement, except in specific locations. 4 Based on site tests Background: Housing Element Program 3.3A, B, &D Affordable Housing Incentive Program (AHIP): 1.Modify zoning standards: ○Maximum 2.4 residential FAR ○Maximum 60-foot building height for projects < 60% of AMI ○Reduced parking ratios 2.Expand applicability to Housing Opportunity Sites 3.Streamline project review 5 Wilton Court (AHIP Project): 59 units for low income households AHIP: Draft Ordinance Amendments 6 Specified in Housing Element Program 3.3 : ●Increase FAR and building height, and reduce parking ratios. ●Streamline review process (for projects that meet objective standards). ●Expand eligibility to all Housing Element opportunity sites. Additional amendments in draft Ordinance, recommended by staff and/or PTC: ●Expand eligibility to include all locations eligible for the HIP. ●Provide consistent definitions of 100% affordable housing that include lower income households. 7 AHIP: 2018 Original Boundaries CD Downtown (w/in ½ mile of Caltrain) CN and CS (w/in ¼ mile of El Camino) CC (w/in ½ mile of Caltrain) 8 Housing Element Opportunity Sites AHIP: 2025 Proposed Boundaries HIP-Eligible Sites (e.g., RM, ROLM/GM Focus Area) Retail Preservation: Draft Ordinance Amendments Specified in Housing Element Program 3.4 : ●Retain requirements in the GF (Downtown) and R (Cal Avenue) combining districts, and defined nodes on El Camino Real. ●Waive retail preservation requirements on Housing Element sites. ●Reduce retail replacement floor area requirement in other locations. Additional amendments in draft Ordinance, recommended by staff and/or PTC: ●Create parking and height incentives for ground-floor retail. ●Simplify code language and 100% affordable housing definition. 9 Retail Preservation: Existing vs. Proposed 10 Location/Type Subject to Retail Preservation Ordinance? Existing Proposed GF Downtown & R Cal. Ave. Overlay ✓✓ El Camino Real Retail Nodes ✓✓ El Camino Real (Outside of Retail Nodes) ✓✗ Housing Element Opportunity Sites (Not HIP Projects) ✓✗ Housing Element Opportunity Sites (HIP Projects) ✓✓ High-Density Mixed-Use Projects ✓ (reduced)✓ (reduced) 100% BMR Housing ✗✗ Program 3.4 expands exemptions Required El Camino Real Retail Nodes 11 HIP: Draft Ordinance Amendments 12 Specified in Housing Element Program 3.4 ●Update development standards: ○Increase FAR and building height maximums ○Reduce parking ratios to match State Density Bonus Law ○Revise daylight plane and reduce front/street side setbacks ●Expand eligibility to include RM districts and GM/ROLM Focus Area ●Streamline process for projects that meet objective design standards Additional amendments in draft Ordinance, recommended by staff and PTC: ●Expand transportation demand management measures for projects with reduced parking ●Remove separate development standards for 100% affordable projects (and relocate to AHIP) ●Allow unlimited density/bonus FAR for “family-friendly” (3+ bedroom units) (Program 6.2A) 13 CD(C) Downtown CC(2) California Ave. CN El Camino Real (neighborhood retail/ pedestrian access) CS El Camino Real (service commercial/ auto-oriented) HIP: 2018 Original Boundaries 14 CS San Antonio (service commercial/ auto-oriented)NVCAP (all multifamily zones) HIP: 2020-2024 Modified Boundaries 15 RM (Multifamily zones) GM/ROLM Focus Area HIP: 2025 Proposed Boundaries Existing Regulations: Housing Element Created Two Tiers 16 Base Zoning NOT a Housing Element Opportunity Site Housing Element Opportunity Site Base Zoning Lower densities Higher densities Draft HIP Regulations 17 Base Zoning Housing Incentive Program NOT a Housing Element Opportunity Site Housing Element Opportunity Site HIP Base Zoning Housing Incentive Program HIP In the commercial mixed-use districts, HIP provides an incremental increase in FAR and height above base zoning; other standards are the same for opportunity sites and non-opportunity sites Commercial Districts: Existing Vs. Proposed HIP Standards 18 Existing HIP Proposed HIP Existing HIP Proposed HIP Maximum FAR (Non-Opportunity Site/Opportunity Site)Maximum Height (ft.) CC(2)2.0 2.6/3.5 37 60 CS (El Camino)1.5 2.85/3.5 50 60 CS (San Antonio)2.0 2.0 50 50 CN (El Camino)1.5 2.5/3.25 40 50 CD(C)3.0 3.0 50 50 RM Districts: Existing Base Vs. Proposed HIP Standards 19 Existing Base Proposed HIP Existing Base Proposed HIP Maximum FAR (Non-Opportunity Site/Opportunity Site)Maximum Height (ft.) RM-40 1.0/1.5 3.0 40 50 RM-30 0.6/1.25 2.5 35 40 RM-20 0.5/1.25 2.0 30 40 GM/ROLM Focus Area n.a./2.5 3.5 60 60 Parking: Existing Vs. Proposed HIP Standards 20 Existing Proposed HIP Studios/1-Bedroom Units 1 space/unit 1 space/unit 2+ Bedroom Units 2 spaces/unit 1.5 spaces/unit Comparison of Density Bonus Options 21 State Density Bonus Law Local Housing Incentive Program (Proposed) Bonus Density 100% BMR projects: Unlimited bonus 15% VLI + 15% MOD projects: 100% bonus 100%-500% bonus depending on district and whether HE opportunity site Affordability On-site required Inclusionary Housing Ordinance (fee in lieu) Waivers Unlimited Limited (e.g., FAR, building height, coverage) Concessions Up to 4, depending on affordability None Parking 1 sp./studio & 1-bed; 1.5 sp./2- & 3-bed 1 sp./studio & 1-bed; 1.5 sp./2- & 3-bed Process Streamlined Review (Objective Standards) or Architectural Review (Context-Based Criteria) Streamlined Review (Objective Standards) Awareness Known Highlight in new Ch. 18.14: Housing Incentives, create handout, provide website page Needs to be better than SDBL to be viable! Staff Recommendation Adopt an ordinance amending Title 18 (Zoning) to implement Programs 3.3A, B, & D, 3.4A-D, and 6.2A of the Housing Element 22 Housing Incentive Program How HIP standards were evaluated Site Testing Analysis: Physical and Financial Feasibility 23 Process Evaluate financial feasibility of existing zoning standards Consider zoning modifications to improve feasibility Evaluate physical feasibility of existing zoning standards Test modified zoning standards to achieve financial feasibility 24 Test Sites ●Sites selected primarily from Housing Element Sites Inventory ●Range of lot sizes and shapes (e.g., corner, interior, alley access) ●Most sites are small, so results are somewhat conservative – feasibility improves on larger sites CD-C 635 High St. RM-40 Interior Lot (5,000 sq ft) RM-30 355 College Ave. RM-20 680 University Ave. CN 3700 El Camino Real RM-40 Interior Lot (10,000 sq ft) 25 CC(2) 310 Cal Ave. RM-30 Zoning Standards (pre-January 2024 updates) Grade Level Plan Third Level Plan Second Level Plan Section View Key standards affecting feasibility: parking, building height, FAR, density and retail requirements Summary of Findings - Existing Zoning Standards (type of development supported by zoning) 27 Standards generally yield lower-density townhome product for all prototypes Standards generally do not support retail mixed use or stacked flats (i.e., apartments and condos) ✘✔✘ Financial Feasibility Approach 28 ●Keyser Marston Associates (KMA) prepared pro forma analyses based on the site tests. ●Pro formas compare value supported by the prototype project to the project’s development cost. ○Key inputs: hard and soft costs, financing costs, rent and for-sale revenues, standard developer profit. ●If project value < costs plus developer profit, the project was deemed unlikely to develop. Pro forma example Zoning CN CC(2)RM-20 RM-30 RM40 # of Residential Units 15 3 4 4 4 Typology Townhomes Townhomes Townhomes Townhomes Townhomes Financially Feasible?unlikely unlikely unlikely unlikely unlikely Residential ZonesMixed-Use Zones Summary of Findings - Existing Zoning Standards 29 Zoning Changes to Enhance Feasibility Key Development Standards to Change: ●Increase or eliminate residential density ●Increase floor area ratio (FAR) ●Reduce parking requirements 30 Objectives: ●Accommodate stacked flats and mixed-use development (higher density) ●Improve financial feasibility ●Retain Palo Alto design values Additional Regulations to Refine while Addressing Neighborhood Context and Compatibility: ●Increase building height ●Revise daylight plane ●Reduce setbacks ●Increase site coverage ●Revise use requirements for retail Example: RM-30 Zone Site Testing Existing Zoning Potential HIP Zoning Example: Resulting Program RM-30 Zoning District Residential (units) Building Height Setback (rear) (ft.) Density (du/ac) Residential FAR Parking Parking Type Open Space Min Usable (sf/unit) Site coverage 4 7 35 40 10 5 27 47 1.0 1.6 8 (2 per unit)11 (1-1.5 per unit) Covered, tandem Podium, tandem 150 150 40% 65% Observations: ●Parking still limits density ●Increase in site coverage ●Modest increase in height, but change in daylight plane to start higher 32 Zoning CN CC(2)RM-20 RM-30 RM40 # of Residential Units 33 34 7 7 9 Typology Apartments Apartments Townhomes Townhomes Apartments Financially Feasible?✔✔✔✔✔ RM ZonesMixed-Use Zones Summary of Findings - Potential HIP Zoning Standards 33