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Home My WebLink AboutORD 57021 0160194_20260604_ay16 Ordinance No. 5702 Temporary Ordinance of the Council of the City of Palo Alto Excluding from the Effect of Government Code Section 65912.157 Those Properties Designated as Local Historic Resources Pursuant to Palo Alto Municipal Code Chapter 16.49 and Amending the Zoning Map (Palo Alto Municipal Code Section 18.08.040) 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 10, 2025, the Governor of the State of California signed Senate Bill 79 (SB 79), which adopted California Government Code sections 65912.155 through 65912.162 and requires local agencies, effective July 1, 2026, to permit high density residential development in designated transit-oriented development (TOD) zones within one-half mile of certain TOD stops. B.There are three TOD zones in Palo Alto, centered on the Palo Alto, California Avenue, and San Antonio Road Caltrain stations. C.California Government Code section 65912.157 sets forth residential development standards that apply to housing development projects within TOD zones, such as a height of 75 feet, density of 120 dwelling units per acre, and floor area ratio of 3.5 for projects within one-quarter mile of a Caltrain station. D.Government Code section 65912.161, subdivision (b), permits local agencies to exclude certain properties from compliance with Government Code section 65912.157 by adopting an ordinance implementing SB 79, including: a.A site that permits density and residential floor area ratio at no less than 50 percent of the standards specified under Government Code section 65912.157. b.Sites with a historic resource designated as of January 1, 2025, on a local register. E.The City Council desire to adopt an ordinance pursuant to Government Code section 65912.161, excluding sites designated as local historic resources on the Palo Alto Historic Resources Inventory pursuant to Palo Alto Municipal Code (PAMC) Chapter 16.49. F.SB 79 charges the California Department of Housing and Community Development (HCD) with promulgating regulations relating to the bill by July 1, 2026. SB 79 further chargers metropolitan planning organizations with creating maps of TOD stops and zones in accordance with HCD guidance. G.HCD issued a set of “advisory clarifications on definitions for Metropolitan Planning Organizations” on March 23, 2026. The Metropolitan Transportation Commission (MTC), Docusign Envelope ID: 2A794446-3EAE-8657-839F-E63A028B3CD2 2 0160194_20260604_ay16 the metropolitan planning organization for the San Francisco Bay Area, released preliminary draft maps on April 8, 2026. H.Due to the short time between the issuance of guidance from HCD and MTC and the July 1, 2026 effective date of Government Code section 65912.157, there is insufficient time for the amendments to the zoning map proposed in this ordinance to be presented for review by the Planning and Transportation Commission. I.The City Council finds and declares that the implementation of Government Code section 65912.157 on July 1, 2026 will create significant incentive for redevelopment of properties in the TOD zones, including projects that would result in the loss of historic resources. Accordingly, pursuant to PAMC section 18.80.090, the City Council adopts this ordinance as a temporary measure to preserve the public health, safety, or welfare. SECTION 2. Pursuant to Government Code section 65912.161, subdivision (b)(1), sites designated as local historic resources on the Palo Alto Historic Resources Inventory as of January 1, 2025 are hereby temporarily excluded from the application of Government Code section 65912.157. These sites shall be excluded until one year following the adoption of the City’s seventh cycle Housing Element. SECTION 3. The Director of Planning and Development Services is hereby authorized and directed to update Section 18.08.040 (the Zoning Map) of Title 18 (Zoning) of the Palo Alto Municipal Code to indicate which sites within the TOD zones are and are not covered by Government Code section 65912.157, including sites excluded pursuant to this Ordinance. SECTION 4. 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 5. The Council finds that the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to Government Code section 65912.160, subdivision (c)(2), because it makes the City’s zoning code consistent with the provisions of SB 79 by implementing Government Code section 65912.161, subdivision (b) and amending the zoning map to indicate which sites are and are not subject to Government Code section 65912.157. // // // Docusign Envelope ID: 2A794446-3EAE-8657-839F-E63A028B3CD2 3 0160194_20260604_ay16 SECTION 6. This Ordinance shall be effective on the 31st day following its adoption and shall expire on July 1, 2027 unless extended or superseded. INTRODUCED: JUNE 1, 2026 PASSED: JUNE 15, 2026 AYES: BURT, LAUING, STONE, VEENKER NOES: LYTHCOTT-HAIMS ABSENT: LU, RECKDAHL ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Docusign Envelope ID: 2A794446-3EAE-8657-839F-E63A028B3CD2 Certificate Of Completion Envelope Id: 2A794446-3EAE-8657-839F-E63A028B3CD2 Status: Completed Subject: ORD 5702 - Temporary Ordinance Excluding Properties Designated as Local Historic Resources Source Envelope: Document Pages: 3 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Christine Prior AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Christine.Prior@PaloAlto.gov IP Address: 170.85.155.40 Record Tracking Status: Original 6/24/2026 8:30:06 AM Holder: Christine Prior Christine.Prior@PaloAlto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Albert Yang Albert.Yang@paloalto.gov Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 136.226.54.94 Sent: 6/24/2026 8:33:59 AM Viewed: 6/24/2026 9:55:17 AM Signed: 6/24/2026 9:56:05 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Jonathan Lait Jonathan.Lait@paloalto.gov Director, Planning and Development Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.85.155.17 Sent: 6/24/2026 9:56:06 AM Viewed: 6/24/2026 10:02:56 AM Signed: 6/24/2026 10:03:11 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Shikada Ed.Shikada@paloalto.gov City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.85.54.89 Sent: 6/24/2026 10:03:12 AM Viewed: 6/24/2026 11:34:28 AM Signed: 6/24/2026 11:34:57 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Veenker, Vicki Vicki.Veenker@paloalto.gov City of Palo Alto Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 73.92.102.134 Sent: 6/24/2026 11:34:58 AM Viewed: 7/9/2026 12:46:38 AM Signed: 7/9/2026 12:47:36 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@paloalto.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 7/9/2026 12:47:37 AM Viewed: 7/13/2026 5:47:29 PM Signed: 7/13/2026 5:47:36 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/24/2026 8:33:59 AM Certified Delivered Security Checked 7/13/2026 5:47:29 PM Signing Complete Security Checked 7/13/2026 5:47:36 PM Completed Security Checked 7/13/2026 5:47:36 PM Payment Events Status Timestamps