HomeMy WebLinkAboutStaff Report 2506-4784CITY OF PALO ALTO
CITY COUNCIL
Monday, June 09, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
AA1.LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and
Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and
Related Direction to Staff Regarding Updates to the Land Use Element of the
Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections
65852.28 and 66499.41. New Item Added, Supplemental Report Added, Staff
Presentation
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: June 9, 2025
Report #:2506-4802
TITLE
LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to
Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff
Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt
Pursuant to Government Code Sections 65852.28 and 66499.41.
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the attached ordinance (Attachment A) by a four-fifths majority (six affirmative
votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance
with recent changes in State law.
2. Direct staff to update the Land Use Element of the Comprehensive Plan to more
specifically differentiate single-family, low-, medium-, and high-density residential land
use designations.
EXECUTIVE SUMMARY
This report recommends City Council adoption of a temporary, emergency ordinance amending
Palo Alto Municipal Code Titles 18 and 21 to implement Senate Bill 1123, which takes effect on
July 1, 2025. SB 1123 expands the Starter Home Revitalization Act to permit ministerial
approval of small-scale residential subdivisions—up to 10 units—on qualifying vacant lots zoned
for single-family use, subject to specific development standards and site criteria.
The proposed ordinance updates local code to reflect these standards, including provisions for
minimum lot sizes, setbacks, height limits, floor area ratios, and parking. It also establishes a
minimum lot size for permitting accessory dwelling units (ADUs) on subdivided parcels, while
preserving local discretion to apply objective design and development standards that remain
consistent with State law.
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Staff further recommends that Council direct updates to the Land Use Element of the
Comprehensive Plan to better differentiate between residential land use categories, in
response to recent amendments to State Density Bonus Law that affect how base density is
calculated.
BACKGROUND
ANALYSIS
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generally refers to State law rather than setting forth the nuances of the State regulations,
except where the City is provided discretion. Generally, the State law applies to the following
sites:
•Sites zoned for Multi-family development and meeting the following criteria:
o The lot is no larger than five acres and is substantially surrounded by qualified
urban uses.1
•Sites zoned for Single-family development and meeting the following criteria:
o The lot is no larger than 1.5 acres and is substantially surrounded by qualified
urban uses; and
o The lot is vacant.2
•Is located on Prime Farmland or Farmland of Statewide importance;
•Contains wetlands;
•Is located in a Very High Fire Hazard Severity Zone;
•Is a hazardous waste site that is listed pursuant to Section 65962.5 (Cortese list), except
in certain instances;
•Is within a delineated earthquake fault zone; or
•Is within a special flood hazard area subject to inundation by the one-percent annual
chance flood (100-year flood), except in certain instances.
•Parcel Size:
o For sites zoned for multi-family development, the newly created parcels are no
smaller than 600 square feet. [Already addressed in PAMC Chapter 21.11]
o For sites zoned for single-family development the newly created parcels are no
smaller than 1,200 square feet.
•Height: For development on a site zoned single-family, the City may enforce a maximum
height limit that is no less than that of the underlying zone district.
•Setbacks: Minimum Setbacks shall be no more than four feet from the original side and
rear lot lines except that no setback shall be required for an existing structure, In
1 Where substantially surrounded is defined in section 21072 of the public resources code and qualified urban use
is defined in paragraph (2) of subdivision (a) of section 21159.25 of the public resources code
2 Where vacant is defined as set forth in California Government Code Section 66499.41 as having no permanent
structure, unless the permanent structure is abandoned and uninhabitable and excluding other specific
circumstances such as where any structure on the site is subject to deed restriction.
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addition, the setback between units shall be no greater than that required by the
Building Code.
•Floor Area Ratio:
o For a housing development project consisting of three to seven units: no less
than 1.0: 1 floor area ratio;
o For a housing development project consisting of eight to ten units: no less than
1.25:1 floor area ratio.
•Density: Minimum density is 20 du/ac, or two-thirds of the maximum density specified
in the zoning code, whichever is greater.
•Parking: Parking at no less than one space per unit unless there is a car share vehicle
within one block of the parcel, or the parcel is located within one-half mile walking
distance of either a high-quality transit corridor or a major transit stop, in which case no
parking can be required. The City cannot mandate that the parking be a covered space.
Within these parameters, the City is authorized to adopt objective development and design
standards. Projects will be required to comply with these standards, so long as the standards do
not physically prohibit a development built at a density of 30 du/ac. Thus, although SB 1123
generally permits more density that typically allowed, the City appears to retain control over
design.
In addition, SB 1123 allows the local jurisdiction to make a determination as to whether
accessory dwellings units or junior accessory dwelling units would be permitted on lots
subdivided in accordance with this provision. The law specifies that if the local jurisdiction
chooses to allow for one or more (J)ADUs to be constructed, these units would not count
toward the 10-unit limit, though they would count toward the minimum density requirement.
The draft ordinance in Attachment A allows for up to one ADU or JADU on any resulting lot
created through this code provision only if the lot size is 2,400 square feet or greater. This
threshold was selected as a midway point between the 1,200 square foot lot size permitted by
SB 1123 and the 6,000 square foot lot size that is standard in the R-1 district. However, Council
in its discretion may choose a different threshold, may choose to allow up to three ADUs (one
attached ADU, one detached ADU, and one JADU) to be constructed, or may choose to prohibit
ADU/JADUs on resulting parcels altogether. Notably, although the law theoretically applies to
lots up to 1.5 and 5 acres in size, if the Council chooses to prohibit ADUs/JADUs, an applicant
would only be able to comply with both the 10-unit limit and a 20 du/ac minimum density
requirement by utilizing a site of 0.5 acres or smaller. This, in turn, may lead applicants to look
to other state laws, such as State Density Bonus Law, which could result in more waivers of
development and design standards.
Title 21
The draft ordinance in Attachment B also amends Title 21 of the PAMC to amend chapter 21.11,
which implemented SB 684 in a minimal fashion. These amendments clarify the application
process and indicate the development standards and general requirements that apply to
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subdivisions proposed under this State law. Adoption of the ordinance in this case will ensure
that the fees that apply to staff level review of a subdivision map would also apply to this
mapping process as the level of effort to review for compliance with the municipal code and
subdivision map act is consistent regardless of whether the process is considered ministerial or
discretionary. It also helps to clearly set forth the reduced timelines that apply.
POLICY IMPLICATIONS
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If Council directs such amendments, staff resources may need to be reallocated from projects
not directly related to State law compliance or Housing Element implementation. Other efforts,
such as the bird-safe glass ordinance and stream corridor policies, would continue but may be
scheduled behind this work based on available capacity.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with this action.
STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper
at least ten days in advance of the public hearing. Notice of a public hearing for this project was
published in the Daily Post on May 23, 2025, which is 10 days in advance of the meeting. As of
the writing of this report, no public comments have been received on the draft ordinance.
ENVIRONMENTAL REVIEW
The adoption of this ordinance is not a project subject to the California Environmental Quality
Act, under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that
adoption of the ordinance will not have a significant impact on the environment.
ATTACHMENTS
Attachment A: Draft Temporary Urgency Ordinance
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
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0160173_20250521_AY16
Ordinance No.___
Temporary Emergency Ordinance of the Council of the City of Palo Alto
Amending Title 18 (Zoning) of the Palo Alto Municipal Code and Title 21
(Subdivisions and Other Divisions of Land) to Implement SB 684 and SB 1123
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On October 11, 2023, the Governor of the State of California signed Senate Bill (SB) 684,
effective July 1, 2024. SB 684 requires a local agency to ministerially consider a parcel map
or a tentative and final map, as well as a housing development project proposing a
subdivision resulting in 10 or fewer residential units on lots meet certain minimum parcel
size and density requirement, where the lot to be subdivided is zoned for multifamily
residential development, as described in the bill.
B. On September 19, 2024, the Governor signed SB 1123, effective July 1, 2025. SB 1123
expands SB 684 to allow the same provisions to apply to sites zoned single family and
meeting other specific criteria.
C. SB 684 and SB 1123 create a 60-day timeframe approval or denial of a subdivision
application and housing development application under these regulations.
D. SB 684 and SB 1123 authorize cities to adopt an ordinance to implement their provisions.
E. There is insufficient time for consideration of and recommendation on the necessary
amendments to Title 18 by the Planning and Transportation Commission (PTC) prior to
action by the City Council. The Council therefore declares that a temporary ordinance,
pursuant to Palo Alto Municipal Code (PAMC) Section 18.80.090 is an appropriate measure,
pending consideration of a permanent ordinance by the PTC.
F. The City Council declares that this emergency ordinance is necessary as an emergency
measure to preserve the public, peace, health, or safety to provide guidance and clarity to
applicants, staff, and the public regarding the process and standards that will apply for
projects seeking to utilize SB 684 and SB 1123 and to ensure orderly and harmonious
development thereunder.
SECTION 2. Section 18.42.220 (Standards for Up to Ten Units Pursuant to Senate Bills
684 and 1123) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby added as follows:
18.42.220 Standards for Up to Ten Units Pursuant to Senate Bills 684 and 1123
(a) Purpose.
*NOT YET APPROVED*
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This section sets forth regulations for housing development projects of up to ten units on a lot
that is subdivided pursuant to Government Code Section 66499.41 and Palo Alto Municipal Code
Chapter 21.11. This section implements Senate Bills 684 (2023) and 1123 (2024), as codified in
Government Code Section 65852.28, 65913.4.5, and 66499.41. In the event of a conflict between
the provisions of this section and the generally applicable regulations of the sites’ respective zone
district, or the regulations contained in Chapters 18.52-18.80, inclusive, the more permissive
provision shall prevail.
(b) Applicability.
This Section shall apply to parcels zoned for multi-family use and to vacant parcels zoned for
single-family use that meet the criteria set forth in Government Code Section 65852.28.
(c) Application Process.
(1) The Director is authorized to promulgate regulations, forms, and/or checklists setting forth
application requirements for the development of dwelling units under this section.
(2) The City shall ministerially approve or disapprove an application pursuant to this section.
(3) The Director of Planning shall consider and approve or deny an application for a proposed
housing development pursuant to this section within 60 days from the date the city receives
a completed application. If the director has not approved or denied the completed
application within 60 days, the application shall be deemed approved.
(4) If the director denies an application for a proposed housing development pursuant to this
section, the director shall, within 60 days of receipt of the completed application, return in
writing a full set of comments to the applicant with a list of items that are defective or
deficient and a description of how the applicant can remedy the application.
(d) Development Standards.
(1) A project proposing a small lot subdivision of up to 10 dwelling units on a parcel in any zone
district pursuant to California Government Code Section 65852.28 shall be subject to the
development standards set forth in the respective zone district, except as otherwise
provided herein.
(2) An applicant may request waiver of a development or design standard to the extent it
physically precludes development at a density of 30 dwelling units per acre, except that
maximum height may not be waived for a project proposed on a lot zoned single-family use.
(3) The average total area for the proposed housing units shall not exceed 1,750 net habitable
square feet, as defined in Government Code section 66499.41.
(4) The height of the proposed structure shall not exceed the height of the underlying zone
district.
(5) Setbacks from side and rear property lines, including street-side property lines, shall be no
less than four feet, except in the case of existing non-complying structures or structures
reconstructed in the same location and to the same dimensions as an existing structure, in
which case existing setbacks less than four feet may be maintained. No setback is required
from an internal lot line newly created pursuant to Chapter 21.11, for adjacent or connected
structures separated by the new lot line, provided that the structures meet building code
safety standards.
*NOT YET APPROVED*
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(6) At least one parking space shall be required per unit except that no parking shall be required
when the parcel is located within: one-half mile walking distance of a high-quality transit
corridor or a major transit stop; or one block of a fixed location car share vehicle. Provided
parking shall meet the requirements set forth in 18.54 for parking design except that parking
may be covered or uncovered. Parking for accessory or junior accessory dwelling units shall
be provided in accordance with Chapter 18.09.
(7) Development under this code shall comply with the objective design standards set forth in
PAMC Chapter 18.24 or, for development not exceeding two stories, the applicant may elect
to comply with the objective design standards adopted by the City Council for two-story
development.
(8) For a housing development project consistency of three to seven units, inclusive, the floor
area ratio shall be no more than 1.0
(9) For a housing development project consisting of 8 to ten units, inclusive, the floor area ratio
shall be no more than 1.25.
(10) Up to one ADU or one JADU may be constructed on any resulting lot greater than or equal
to 2,400 square feet in size.
(11) The Director of Public Works may promulgate standards for adjacent public improvements,
such as curb cuts and sidewalks, in relation to development pursuant to this section.
(e) General Requirements.
(1) A maximum of 10 units, excluding accessory and junior accessory dwelling units, may be
constructed on no more than 10 parcels created by a small lot subdivision under 21.11.
(2) Projects developing more than two units shall comply with the citywide affordable housing
requirements as set forth in PAMC Section 16.65
(3) Each unit shall have a permanent street address.
SECTION 3. Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels)
of Title 21 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions
underlined and deletions struck-through):
21.11.010 Purpose.
This chapter implements California Government Code Section 66499.41 by establishing
regulations for the ministerial subdivision of a lot resulting in ten or fewer parcelsup to ten lots.
21.11.020 Applicability.
This chapter applies only to proposed subdivisions that meet all of the requirements of California
Government Code Section 66499.41. Depending on the number of parcels to be created, aA
tentative map and final map or preliminary parcel map and parcel map shall be required for all
subdivisions under this chapter., regardless of the number of parcels created.
21.11.030 Review.
Qualifying tentative map applications shall be reviewed and processed ministerially in accordance
with California Government Code Section 66499.41. Final maps and parcel maps shall be
*NOT YET APPROVED*
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reviewed and processed in accordance with Chapter 21.16, except that a final map under this
section may be approved by the City Engineer and Director of Planning and Development
Services.
21.11.040 Objective Subdivision Standards.
The Director of Planning and Development Services may adopt administrative regulations to
create objective subdivision standards or clarify existing standards that apply to subdivisions
under this section.
21.11.040 General Requirements.
(a) The minimum size for a parcel created on a lot zoned for multi- family use is 600 square feet.
(b) The minimum size for a parcel created on a vacant lot zoned for single-family use is 1,200
square feet.
(c) Where existing dwelling units on the property are to remain, no lot line may be created
under this Chapter in a manner that would bisect any structure or that would result in any
existing dwelling unit being alienable separate from the title to any other existing dwelling
unit on the lot.
(e) Utility easements shall be shown on the parcel map, and recorded prior to, or concurrent
with map recordation.
(f) A covenant necessary for maintenance of stormwater treatment facilities shall be recorded
prior to, or concurrent with map recordation.
(g) Existing driveways to be demolished shall follow the procedure(s) in Section 12.08.090.
(e) A maintenance agreement shall be recorded to ensure shared maintenance of any shared
access easements, private streets, stormwater treatment, landscaping and private utilities,
prior to map recordation.
(f) Where Title 21 requires a private street as indicated in 21.20.240 based on the number of
lots to be created, the private street shall meet the requirements set forth for private
streets in this title. The area of the proposed private street easement shall be deducted
from the lot area, as detailed in 18.04.030(85).
21.11.050 Accessory Dwelling Units Prohibited.
Accessory dwelling units and junior accessory dwelling units shall not be permitted on lots
created pursuant to this section.
21.11.050 Application and Review of Streamlined Subdivisions Resulting in Ten or Fewer
Parcels.
(a) The director of planning is authorized to promulgate regulations, forms, and/or checklists
setting forth application requirements for a streamlined subdivision under this Chapter.
(b) All maps must be prepared by a registered civil engineer or licensed land surveyor in
accordance with Government Code sections 66444 – 66450 and this Chapter. Unless more
specific regulations are adopted by the director of planning, maps shall be in the form and
include all of the information required of a Preliminary Parcel Map or Tenative Map
by Chapter 21.12, as well as any additional information required of a Parcel or Final Map
by Chapter 21.16. In addition, the face of the Parcel Map or Final Map shall contain a
declaration that:
*NOT YET APPROVED*
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(1) Each lot created by the map shall be used solely for residential dwellings.
(2) One Accessory or Junior Accessory Dwelling Unit may be permitted only on lots
greater than or equal to 2,400 square feet in size.
(3) A lot created under this Chapter shall not be further subdivided.
(c) Upon receipt of a application for a streamlined subdivision, the director of planning shall
transmit copies to the city engineer, chief building official, director of utilities, chief of police,
fire chief, director of transportation, and such other departments of the city, and any other
agencies, as may be required by law or deemed appropriate.
(d) The director of planning shall cause a notice of the pending application to be posted at the
site of the proposed streamlined subdivision and for notice to be mailed to owners and
residents of property within 600 feet of the property.
(e) The director of planning shall ministerially review and approve a preliminary parcel map or
tentative map application that meets all requirements of this Chapter. The director of
planning shall deny an application that does not meet any requirement of this Chapter.
(f) The director of planning shall consider and approve or deny an application for a streamlined
subdivision within 60 days from the date the City receives a completed application. If the
director has not approved or denied the completed application within 60 days, the application
shall be deemed approved.
(g) If the director denies an application for a streamlined subdivision, the director shall, within 60
days of receipt of the completed application, return in writing a full set of comments to the
applicant with a list of items that are defective or deficient and a description of how the
applicant can remedy the application.
(h) The Director of Planning shall determine the appropriate fee required for an application for
streamlined subdivision, which may be the fee currently established for a Preliminary Parcel
Map or Parcel Map.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that the Ordinance is statutorily exempt from the
California Environmental Quality Act (CEQA) pursuant California Government Code Sections
65852.28 and 66499.41.
//
//
//
//
*NOT YET APPROVED*
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//
SECTION 6. This ordinance shall be effective immediately upon adoption by a four-fifths
vote of the City Council and shall expire on June 2, 2026, unless extended by the City Council or
superseded by replacement legislation.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney or Designee City Manager
Director of Planning and
Development Services
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City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director
Meeting Date: June 9, 2025
Item Number: AA1
Report #:2506-4784
TITLE
LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to
Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff
Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt
Pursuant to Government Code Sections 65852.28 and 66499.41.
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the attached ordinance (Attachment A) by a four-fifths majority (six affirmative
votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance
with recent changes in State law.
2. Direct staff to update the Land Use Element of the Comprehensive Plan to more
specifically differentiate single-family, low-, medium-, and high-density residential land
use designations.
BACKGROUND
Staff are providing this supplemental report to provide: (a) additional context regarding the
prospective applicant under SB 1123 and potential implications of the proposed ordinance on
that project; and (b) additional information on procedures regarding a temporary emergency
ordinance.
Potential Impacts of Allowing or Disallowing (J)ADUs in SB 1123 Projects
As previously noted, staff have been in contact with a prospective applicant about a project
utilizing SB 1123. The proposed site is just over one acre in the RE (Residential Estate) district at
4103 Old Trace Road. Because the state law requires a minimum density of 20 dwelling unit per
acre, projects on sites of this size may only be feasible if the City Council permits at least one
minimum (J)ADU per lot as part of the proposed ordinance. This property is one of
approximately 20 vacant parcels in Palo Alto zoned for single-family use that staff believe could
qualify for SB 1123.
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If the Council permits (J)ADUs in an SB 1123 ordinance, the prospective applicant has indicated
that it will likely pursue an SB 1123 project with 10 primary units and 10 (J)ADUs due to the
benefits of the streamlined, ministerial process. It is not clear whether the project would
propose JADUs, attached ADUs, or detached ADUs, which would each have different
implications for size and massing on the site. The Council may wish to specify what types of
(J)ADU would be permitted as part of the ordinance. For example, if the Council allowed only
JADUs, this would create more units while minimizing the impact in terms of size and number
of structures.
If the Council determines not to permit any (J)ADUs under SB 1123, the project will not be able
to proceed under SB 1123. In that event, the prospective applicant has indicated that they will
likely pursue a project with 8 primary units on the site by utilizing State Density Bonus Law
(SDBL). After the project is completed, future owners would be able to construct multiple ADUs
pursuant to state ADU law and the City’s ADU ordinance. In addition, unlike a project under SB
1123, a project utilizing SDBL would not be constrained by the City’s design or development
standards (including height, setbacks, and FAR), due to the ability to request waivers.
In summary, the Council’s decision on whether to permit (J)ADUs in the SB 1123 ordinance will
have implications for both: (a) what is permitted for approximately 20 vacant single-family
parcels in Palo Alto that may be eligible to utilize SB 1123; and (b) a prospective project at 4103
Old Trace Road, which will either proceed as a SDBL project (with 8 primary units and possible
additional (J)ADUs to be added later) or, if the Council permits ADUs, an SB 1123 project (with
10 primary units and 10 (J)ADUs).
Procedures Regarding Temporary Emergency Ordinances
An emergency ordinance, which is adopted with six affirmative votes, is effective immediately
upon adoption at the first reading. (In contrast, a regular ordinance is effective 30 days after a
second reading.)
The Palo Alto Municipal Code generally requires Planning Commission review of ordinances
amending local zoning codes. Under the Code, however, a temporary ordinance may be
adopted in advance of Planning Commission review.
SB 1123 becomes available to project applicants on July 1, 2025. To be effective, local standards
implementing SB 1123 must be effective before that date. If the Council does not adopt a
temporary emergency ordinance in June, SB 1123 will be available to project applicants without
local standards, such as design standards and potential restrictions on (J)ADUs. In the absence
of an ordinance, SB 1123 projects would be permitted to construct (J)ADUs in accordance with
state law and the Zoning Code (1 detached ADU, 1 attached ADU, and 1 JADU per lot).
:
Jonathan Lait, Planning and Development Services Director
Title 18 and 21 Amendments to Implement SB 1123
Presenter:
Claire Raybould, AICP
Manager, Current Planning
June 9, 2025 www.cityofpaloalto.org
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BACKGROUND
SB 684 (effective July 1, 2024):
•Sites zoned multi-family
•5 acres or less
•Up to 10 units approved ministerially
•Ministerial subdivision process w/ set timelines
SB 1123 (effective July 1, 2025):
•Sites zoned single-family
•Vacant; up to 1.5 acres
•Up to 10 units approved ministerially
•Ministerial subdivision process w/ set timelines
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PROJECT OVERVIEW
•Council previously adopted amendments to Title 21 to implement SB 684
(2024)
•This ordinance adds Title 18 provisions and expands Title 21 to implement
SB 1123 (2025)
•Future update to the Comprehensive Plan is recommended to differentiate
residential land use categories
•This would reduce conflicts with State Density Bonus Law, which defines
“base density” as the highest allowed under any applicable regulation
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PURPOSE
•Allows the City to exercise its authority with respect to (J)ADUs under
the law
•Sets forth the process and fees for developers utilizing the process
•Clarifies which development standards apply and preserves local
discretion where permitted.
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KEY POLICY CONSIDERATIONS
Local standards cannot physically preclude 30 DU/AC
Required by State Law City Discretion (Must Be Objective)
•Ministerial approval of up to 10 units on eligible vacant lots •Determine ADU/JADU allowance on subdivided lots
•Eligible lots: zoned single-family, vacant, ≤1.5 acres •Set minimum lot size for (J)ADUs (e.g., 2,400 sf threshold)
•Parcel size ≥1,200 sq ft (SF zones)•Adopt objective development and design standards
•Minimum project density: 20 du/ac or ⅔ of zoning max
(whichever higher)•Enforce height limits (may not be lower than base zone)
•FAR minimums: 1.0 (3–7 units), 1.25 (8–10 units)•Apply discretionary policy in zone standards where State law
allows
•Setbacks: no more than 4 feet (side/rear); none for interiors •Define objective parking and site access standards
•Parking: 1 per unit, with transit/car-share exemptions, no covered
requirement
•Determine processing fees consistent with other ministerial
reviews
•60-day ministerial processing deadline
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RECOMMENDATION
Staff recommends that Council:
1.Adopt the proposed ordinance (Attachment A) by a four-fifths
majority (six affirmative votes), temporarily updating Title 18 and
Title 21 of the Municipal Code in accordance with recent changes in
State law.
2.Direct staff to prepare a ordinance for review by Planning and
Transportation Commission and City Council
3.Direct staff to develop a ordinance for Council consideration updating
the Land Use Element of the Comprehensive Plan to more specifically
differentiate single-family, low-, medium-, and high-density
residential land use designations.
Claire Raybould
Manager, Current Planning
Claire.Raybould@PaloAlto.gov
(650)329-2116