HomeMy WebLinkAboutStaff Report 2603-6111CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, April 06, 2026
Council Chambers & Hybrid
5:30 PM
Agenda Item
11.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Title 18
(Zoning) Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of the Palo
Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and
Junior Accessory Dwelling Units Allow De Minimis Exceptions (FIRST READING: March 9,
2026; PASSED: 7-0) Title Updated, Supplemental Report added
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 6, 2026
Report #:2603-6111
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning)
of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units
and Junior Accessory Dwelling Units (FIRST READING: March 9, 2026; PASSED: 7-0)
BACKGROUND
The City Council heard this item on March 9, 2026 for a first reading and approved it on a 7-0
vote. No changes were made to the ordinance, and it is now before the City Council for a second
reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the
Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and
Junior Accessory Dwelling Units
APPROVED BY:
Mahealani Ah Yun, City Clerk
*NOT YET APPROVED*
0160183_20260202_ay16 1
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of
the Palo Alto Municipal Code to Amend Requirements Relating to Accessory
Dwelling Units and Junior Accessory Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.70.105 (Noncomplying facility – de minimis exception) of
Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of Title 18 (Zoning) of the
Palo Alto Municipal Code is added to read as follows:
18.70.105 Noncomplying facility - De minimis exception
Notwithstanding the requirements of Sections 18.70.080, 18.70.090, and 18.70.100, up to 250
square feet of non-complying floor area (i.e. floor area associated with a non-complying
feature) may be relocated as follows, provided that the degree and manner of non-compliance
is not increased:
(a) The non-complying facility houses a single-family residential use in a low-density
residential zone district; and
(b) Any proposal to relocate non-complying floor area will comply with the following:
(1) Projects that include relocation of 150 to 250 square feet to a location above the
ground floor shall be subject to Section 18.10.040, subd. (i), or 18.12.110, as
applicable; or
(2) Projects that include relocation of less than 150 sf above the ground floor and that
are therefore not subject to Individual Review, shall comply
with the objective standards for single-family development as applicable to the
proposed relocation.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 3. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305
because it constitutes minor adjustments to the City’s zoning ordinance to implement State
law requirements related to accessory dwelling units as established in Government Code
Section 65852.2, and these changes are also likely to result in few additional dwelling units
dispersed throughout the City. As such, it can be seen with certainty that the proposed action
will not have the potential for causing a significant effect on the environment.
*NOT YET APPROVED*
0160183_20260202_ay16 2
SECTION 4. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST: _______________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_______________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Community
Environment
Item No. 11. Page 1 of 1
9
7
3
4
City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director
Meeting Date: April 6, 2026
Item Number: 11
Report #:2604-6199
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning)
Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of the Palo Alto Municipal
Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory
Dwelling Units Allow De Minimis Exceptions (FIRST READING: March 9, 2026; PASSED: 7-0) Title
Updated
BACKGROUND
After publication of the agenda, staff learned that the proposed ordinance was inadvertently
produced with the incorrect title. The title has been corrected in the attached ordinance and
the agenda item title.
ATTACHMENTS
Attachment A: Ordinance Amending Chapter 18.70 (Nonconforming Uses and Noncomplying
Facilities) of the Palo Alto Municipal Code to Allow De Minimis Exceptions - Corrected
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
0160183_20260202_ay16 1
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.70
(Nonconforming Uses and Noncomplying Facilities)of the Palo Alto Municipal
Code to Allow De Minimis Exceptions
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.70.105 (Noncomplying facility – de minimis exception) of
Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of Title 18 (Zoning) of the
Palo Alto Municipal Code is added to read as follows:
18.70.105 Noncomplying facility - De minimis exception
Notwithstanding the requirements of Sections 18.70.080, 18.70.090, and 18.70.100, up to 250
square feet of non-complying floor area (i.e. floor area associated with a non-complying
feature) may be relocated as follows, provided that the degree and manner of non-compliance
is not increased:
(a)The non-complying facility houses a single-family residential use in a low-density
residential zone district; and
(b)Any proposal to relocate non-complying floor area will comply with the following:
(1)Projects that include relocation of 150 to 250 square feet to a location above the
ground floor shall be subject to Section 18.10.040, subd. (i), or 18.12.110, as
applicable; or
(2)Projects that include relocation of less than 150 sf above the ground floor and that
are therefore not subject to Individual Review, shall comply
with the objective standards for single-family development as applicable to the
proposed relocation.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 3. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305
because it constitutes minor adjustments to the City’s zoning ordinance to implement State
law requirements related to accessory dwelling units as established in Government Code
Section 65852.2, and these changes are also likely to result in few additional dwelling units
dispersed throughout the City. As such, it can be seen with certainty that the proposed action
will not have the potential for causing a significant effect on the environment.
*NOT YET APPROVED*
0160183_20260202_ay16 2
SECTION 4. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
_______________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_______________________________ __________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Community
Environment