HomeMy WebLinkAboutStaff Report 2605-6356CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 17, 2026
Council Chambers & Hybrid
5:30 PM
Agenda Item
6.Adoption of an Ordinance Amending Various Palo Alto Municipal Code Chapters in Titles
16 and 18 to Address Changes in State Law and Direction from City Council Regarding
Accessory and Junior Accessory Dwelling Units. CEQA Status: Exempt From the Provisions
of the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code
Section 21080.17 and CEQA Guidelines Section 15061(b)(3). Public Comment, At-Places
Memo Added, Staff Presentation
CITY COUNCIL
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: August 17, 2026
Report #: 2605-6356
TITLE
Adoption of an Ordinance Amending Various Palo Alto Municipal Code Chapters in Titles 16 and
18 to Address Changes in State Law and Direction from City Council Regarding Accessory and
Junior Accessory Dwelling Units. CEQA Status: Exempt From the Provisions of the California
Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the Draft Ordinance (Attachment A) amending Palo Alto Municipal Code (PAMC)
Title 16 (Building) and Title 18 (Zoning) regulations for Accessory Dwelling Units (ADUs)
and Junior Accessory Dwelling Units (JADUs).
EXECUTIVE SUMMARY
On June 2025, the City Council adopted the City’s latest ADU ordinance, which addressed
comments from the California Department of Housing and Community Development (HCD)
identifying conflicts between State law and the City’s previous ADU/JADU ordinance.1,2 At that
time, the City Council also directed staff to explore (1) increasing the maximum allowed size of
ADUs from 1,000 to 1,200 square feet, and (2) options to allow ADUs to be sold separately from
the primary home. Following Council’s adoption of the City’s most recent ADU/JADU ordinance,
the State legislature adopted new ADU/JADU provisions to further incentivize dwelling unit
production. The proposed ordinance reflects modifications to local regulations to align with
new State laws. In addition, staff explored the modifications to the maximum allowable ADU
size and for separate conveyance of ADUs in accordance with Council’s direction.
The Planning and Transportation Commission (PTC) reviewed the draft ordinance on May 13,
2026 and recommended that Council adopt the draft ordinance including an increase in the
maximum size of ADUs to 1,200 square feet. The PTC recommended staff return to discuss
1 May 12, 2025 Council Meeting (Action Item #10):
2 Ordinance 5656: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=48336&dbid=0&repo=PaloAlto
separate sale of ADUs once more data was available on the implementation by other cities.
Staff recommends that Council adopt the draft ordinance (clean version in Attachment A and
annotated version in Attachment B) consistent with the PTC’s recommendations. While the PTC
did not recommend adoption of the separate sale of ADUs at this time, Attachments C includes
draft language that could be added to the ordinance to allow for separate sale of ADUs.
BACKGROUND
5 The following components require amendments to the City’s ADU
regulations, or affect the amendment process:
Assembly Bill (AB) 1154 (effective January 1, 2026)
Senate Bill (SB) 9 (effective January 1, 2026)
SB 543 (effective January 1, 2026)
5 HCD ADU Handbook: https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-
handbookupdate.pdf
c. Specifies that an ADU or JADU that contains less than 500 square feet of interior
livable space does not increase assessable space (Gov. Code, § 66311, subds.
(d)). This is important to the calculation and imposition of school fees.
d. Revises size limitations to be based on the square footage of “interior living
space” of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)).
e. Specifies the number of allowable ADUs described under Government Code
section 66323 per lot (Gov. Code, § 66323, subd. (a)) to allow for four accessory
dwelling units to be constructed on site.
f. Clarifies that fire sprinklers are not required for a JADU if the primary residence
does not have fire sprinklers and that the addition of a JADU cannot trigger the
requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)).
g. Adds section 66333.5, which specifies that if a local agency fails to submit an
adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to
HCD’s findings regarding their ordinance within the 30-day timeline, that
ordinance is null and void and the local agency must only apply State ADU Law
when processing applications for JADUs.
Past Council Direction
At the time Council adopted Ordinance 5656, the City’s most recent ADU/JADU Ordinance, they
also directed staff to investigate the feasibility of expanding the maximum allowable size for
ADUs. Under State law, the maximum allowable size for a detached ADU is 1,200 square feet
where the City’s current maximum is 1,000 square feet for a two-bedroom unit, attached or
detached. Council also directed staff to evaluate allowing ADUs to be sold separately from the
primary dwelling unit which became an opt-in option for all jurisdictions in California in 2024
under SB 477; qualified nonprofit corporations were permitted to do this under AB 1033
without a jurisdiction opting-in.
Planning and Transportation Commission Recommendation
The Planning and Transportation Commission (PTC) reviewed the draft ordinance on May 13,
2026, and recommended 6-0-1 (Hechtman absent), to adopt the ordinance including the
increase to the maximum allowable size for ADUs from 1,000 square feet to 1,200 square feet.7
The PTC felt there was not enough data available at this time to determine how successful
separate sale of ADUs would be and, accordingly, did not incorporate it into the recommended
ordinance. The PTC recommended staff return to discuss separate sale of ADUs once more data
was available. Attachment C includes draft language allowing separate sale of ADUs should
Council wish to adopt it. This option is discussed in more detail below.
ANALYSIS
State Law Changes
The changes required under AB 1154 and SB 9 are minimally impactful to the City’s current ADU
regulations and processes, as these are either policies currently in place or are not significant
7 Currently, PAMC 18.09.040(e) provides that walls shared between the primary home and attached ADUs are fully
changes. SB 543 is impactful to how Planning staff review permits for ADU/JADUs, which is
discussed in more detail below.
Changes to Calculating Square Footage for ADU/JADUs
a space in a dwelling
intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” This
definition does not include attached utility or storage areas when their only access is external
from the unit. As shown in the examples below, the change from exterior to interior stud walls
can have a significant effect on how many ADUs will trigger the 750-square-foot threshold for
paying development impact fees (500 square feet for school impact fees):
Image 1: Exterior Stud Wall Measurement (Current) – 294 Square Feet
Source: Collaborative Design Studio, Inc.
Image 2: Interior Livable Area Measurement – 259 Square Feet
Source: Collaborative Design Studio, Inc.
Since 2020, the average unit size of ADUs has gradually increased from a range of 400 to 500
square feet of Gross Floor Area to a range of 550 to 600 square feet of Gross Floor Area.
Changing how ADU square footage is counted will likely continue this trend and may result in
additional increases in total structure size. HCD has not provided official guidance on how
interior or exterior walls should be considered, but staff believe that a reasonable
interpretation of the State’s intent is to include the interior partition walls towards the floor
area and lot coverage for an ADU/JADU (Image 2), and the draft ordinance reflects this
understanding and maintains a simplified calculation. When speaking with local architects, their
preference is to exclude the interior walls from the unit’s floor area and lot coverage limits, as
an incentive to ADU/JADU development. In the draft ordinance the exterior walls will not count
towards the square footage for the unit, nor to the site’s development limits.
Introducing Appeals to ADU/JADU Permits
State law now requires the City establish an appeal process for ADU/JADU permits when they
have been determined incomplete or have been denied by the City. The applicant pursuing this
appeal must provide the City with their reasons for appeal in writing and the City has 60 days
from then to return a final written determination on the permit’s incompleteness or denial. This
appeal must go to the governing body of the City.
The City currently has an appeal process established in PAMC Chapter 18.78 and certain
Planning application types (such as a Major Architectural Review) go straight to the City Council
Consent Calendar when the Director’s decision is appealed, typically within 45 days of receiving
the appeal. The draft ordinance recommends that any ADU appeals received be placed on the
City Council’s Consent Calendar within 45 days of receiving the request, consistent with this
existing process. Pulling the item for discussion would still require the City to make a final
determination within the 60-day timeframe. It is worth noting that staff works collaboratively
with applicants to get the information needed to approve applications and that the City has not
denied a permit for an ADU/JADU since State laws changed in 2017.
Allowable Number of ADU/JADUs
9
9 See bottom of page 18/55 in the HCD ADU Handbook.
second-unit development while also providing some measures (such as privacy measures) to
limit impacts on neighbors. Since then, the City has predominantly seen applicants following
the local standards for second unit development instead of using State law allowances.
Allowing Separate Sale for ADUs
11 which required jurisdictions to allow certain
ADUs developed by qualified nonprofit corporations to be sold separately from the primary unit
and allowed jurisdictions to extend this option to all other ADUs. Since then, roughly 10
jurisdictions in California have passed ordinances allowing for separate sale of ADUs, and more
appear to be poised to adopt ordinances in the coming year. While San Jose was the earliest
jurisdiction to extend separate sale to all ADUs in 2024, their staff noted only two applications
had been approved and two more were currently under review since 2024. Other jurisdictions
(such as San Jose, Santa Cruz, and more recently Berkeley and City of San Diego) have either
recently adopted ordinances or have experienced a similar low volume of projects despite early
adoption of an ordinance. While members of the public have reached out to City staff since
2024 on this topic, it is unclear whether the City would see a significant volume of applications
for separate ownership, if allowed. In comparison, since the adoption of SB 9 (2021) procedures
in 2021, the City has received 38 applications for urban lot splits and/or two-unit development.
11 AB 1033 language was incorporated into GC Section 66340-66342:
At the May 13, 2026, meeting, the PTC discussed this option and expressed concern about the
effectiveness of this policy based on the following topics:
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ALTERNATIVE ACTIONS
In addition to the recommended action, the Council may:
1. Adopt the draft ordinance with modifications;
2. Not approve the draft ordinance and leave the code unchanged; or
3. Continue the hearing to a date (un)certain with specific direction.
Attachment A: Draft Ordinance (Clean Version)
Attachment B: Draft Ordinance (Annotated Version)
Attachment C: Draft Text to Allow Separate ADU Ownership
:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building
Regulations), Title 18 (Zoning), and Title 21 (Subdivisions) 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. Findings and Declarations.
A. In 2025, the City of Palo Alto adopted Ordinance 5656, amending the City’s requirements
for ADUs and JADUs to reflect changes in State law and guidance from the California
Department of Housing and Community Development (HCD).
B. On May 12, 2025, the City Council directed staff to evaluate modifying the City’s ordinance
to increase the maximum size for ADUs to 1,200 square feet and allowing ADU
condominiums as allowed under AB 1033 (2024).
C. On September 30, 2025, the Governor signed Assembly Bills (AB) 130, 462, 1154 and Senate
Bills (SB) 9 and 543, effective between June 30, 2025 and January 1, 2026. These various
bills affect the processing time and requirements for ADU/JADU permits as well as the
number of permissible ADU/JADUs on one lot.
D. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to amend its ADU/JADU ordinance to implementing
SB 1211 and to make additional clerical amendments and minor amendments to conform
with State law.
E. Section 4 of this Ordinance amends Chapter 16.58 (Development Impact Fee) of Title 16
(Building Regulations) of the Palo Alto Municipal Code. This is an administrative amendment
to align how impact fees for ADUs must be calculated based on interior livable space rather
than gross square footage as defined in Chapter 18.04.030 (Definitions) of Title 18 (Zoning)
of the Palo Alto Municipal Code.
F. Section 5 of this Ordinance introduces a new Chapter, Chapter 21.09 (Parcel Maps for
Separate Sale of ADUs), in Title 21 (Subdivisions and Other Divisions of Land) of the Palo
Alto Municipal Code. This new chapter intends to address Council’s direction to allow for
ADUs to be sold separately from the primary structure.0
G. This ordinance is adopted to incorporate changes in state law that have occurred since the
adoption of Ordinance 5656 and to respond to direction from the City Council.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling
Units) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as
*NOT YET APPROVED*
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follows (additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and junior
accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing
stock and additional affordable housing opportunities. These units shall be separate, self-
contained living units, with separate entrances from the main residence, whether
attached or detached. The standards below are provided to minimize the impacts of units
on nearby residents and throughout the city, and to assure that the size and location of
such dwellings is compatible with the existing or proposed residence(s) on the site and
with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an ADU accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home with multiple ADU/JADUs, ADU, and/or a JADU on a lot that allows for
single-family development shall not be considered a multifamily development pursuant to
PAMC Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Title Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code sections 66323 provides that certain units shall be approved
notwithstanding State or local regulations that may otherwise apply. The following types
of units shall be governed by the standards in this section. In the event of a conflict
between this section and Government Code section 66323, the Government Code shall
prevail.
(1) An ADU and JADU within the existing space of a single-family dwelling or an ADU
within the existing space of an accessory structure (i.e. conversion without
substantial addition).
(2) An ADU and JADU within the proposed space of a single-family dwelling.
(3) A detached, new construction ADU on a lot with a proposed or existing single-family
dwelling, provided the ADU does not exceed 800 square feet, four-foot side and rear
(i.e. interior) setbacks, or the maximum height described in subparagraph (A), (B), or
(C) of paragraph (4) of subdivision (b) of Government Code Section 66321, as
applicable.
(4) ADUs created by conversion of portions of existing multi-family dwellings not used
as livable space.
*NOT YET APPROVED*
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(5) Up to eight detached ADUs on a lot with an existing multi-family dwelling, provided
that the number of ADUs does not exceed the number of existing units on the lot.
(6) Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table
1. Regulations set forth in section 18.09.040 do not apply to units created under
18.09.030. The minimum and maximum sizes indicated in Table 1 do not prohibit units
that are greater than 800 square feet. These sizes simply serve to distinguish when a
unit transitions from regulations set forth in Table 1 and section 18.09.030 to
regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached ADU
and/or JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number of
Units
Allowed
1 Attached ADU, 1 Detached ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum
size(1) 150 sf
Maximum
size(1) N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3) N/A 16(5) N/A 16(5)(6)
Parking None
State Law
Reference 66323(a)(1) 66323(a)(1) 66323(a)(2) 66323(a)(3) 66323(a)(4)
(1) Lofts where the height from the floor level to the underside of the rafter or finished
roof surface is 5' or greater shall count towards the unit’s floor area.
*NOT YET APPROVED*
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(2) The maximum size of a JADU is 500 square feet. See PAMC 18.09.030(h) for
additional information.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Units must be detached from primary dwellings but may be attached to each other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking
distance of a major transit stop or a high-quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code. An additional two feet in
height shall be provided to accommodate a roof pitch on an ADU that is aligned with
the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed
multifamily, multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards
related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that
qualify for approval under this section. When there is an ADU or JADU attached to an
existing or proposed primary dwelling, the shared wall between these units shall
contribute to the maximum allowable Floor Area, Lot Coverage, and Maximum House
Size of the primary unit. For a single-family home, this measurement shall be taken to
the outside stud wall in accordance with Section 18.04.030(a)(65)(D). For a multi-family
dwelling, this measurement shall be taken to the outside surface of exterior walls in
accordance with Section 18.04.030(a)(65)(B) and (C).
(d) For ADUs and JADUs only, the allowable square footages noted in Table 1 and this
section for these units shall be based on the interior livable space for the purposes of
FAR, lot coverage, and maximum house size. The exterior walls not counted towards
interior livable space for these units will not count against the property’s FAR, lot
coverage, or maximum house size requirements.
(e) The establishment of ADUs accessory dwelling units and JADUs junior accessory
dwelling units pursuant to this section shall not be conditioned on the correction of non-
conforming zoning conditions; provided, however, that nothing in this section shall limit
the authority of the Chief Building Official to require correction of building standards
relating to health and safety. Upon request of the owner for a delay in enforcement, the
Chief Building Official shall delay enforcement of a building standard, subject to
compliance with Section 17980.12 of the Health and Safety Code.
(f) The installation of fire sprinklers shall not be required in an ADU accessory dwelling unit
if sprinklers are not required for the primary residence. The construction of an ADU
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed
*NOT YET APPROVED*
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in the existing multifamily dwelling. Nothing in this section shall preclude the Fire
Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(g) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(h) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior access
point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance). If
a permitted JADU does not include a separate bathroom, the permitted JADU shall
include a separate entrance from the main entrance to the structure, with an interior
entry to the main living area.
(i) Conversion of existing living area or an existing accessory structure pursuant to
Government Code section 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation or reconstruction does not increase the
degree of non-compliance, such as increased height, envelope, or further intrusion into
required setbacks. An expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure may be provided to
accommodate ingress and egress. Any addition to the existing accessory structure that is
not limited to providing for ingress and egress to the unit, and that exceeds the
envelope of the existing accessory structure shall be subject to Section 18.09.040.
(j) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(k) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(l) Replacement parking is not required when an off-street parking space is converted to,
or demolished in conjunction with the construction of, an ADU or JADU.
(m) JADUs shall comply with the requirements of Section 18.09.050.
(n) An applicant that seeks to appeal the City’s determination of completeness or denial of
a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed on
Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision from the
Council, either on consent or through an agendized item, is final.
18.09.040 Units Subject to Local Standards
*NOT YET APPROVED*
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(a) This section shall govern applications for ADUs that do not qualify for approval under
section 18.09.030 and for which the City may impose local standards pursuant to
Government Code section 66314. Nothing in this section shall be interpreted to prohibit
an ADU of up to 800 square feet, at the heights stated in Table 2, with a four-foot side
and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table 2.
These regulations do not limit the height of existing structures converted into ADU
unless the envelope of the building is proposed to be modified beyond any existing
legal, non-conforming condition.
Table 2: All other Units
Attached Detached
Number of Units Allowed1 1
Minimum size 150 sf
Maximum size 1,200900 sf (1,000 sf for
two or more bedrooms
required to exceed 1,000
sf);
no more than 50% of the
size of the single-family
home
1,200900 sf (1,000 sf for two or
more bedrooms required to
exceed 1,000 sf)
Setbacks 4 feet from side and rear lot lines;
Daylight Plane Underlying zone standard
per footnote (7)
N/A
Maximum Height3
Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Square Footage Exemption when in
conjunction with a single family home(4)
Up to 800 sf
(1) An attached and or detached ADU may be built in conjunction with the allowable
units prescribed under Table 1 and PAMC 18.09.050(f) a JADU on a lot with an
existing or proposed single family home. One attached or detached ADU may be
built in conjunction with the allowable units prescribed under Table 1 on an existing
or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished
roof surface is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
*NOT YET APPROVED*
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(4) Lots with both an attached and detached ADU may exempt a maximum combined
total of 800 square feet of both ADUs from FAR, Lot Coverage, and Maximum House
Size calculations. Any square footage that exceeds this exemption shall contribute to
the FAR, Lot Coverage, and (if attached) Maximum House Size calculations for the
subject property. This exemption is not afforded to lots with existing or proposed
multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking
distance of a major transit stop or a high-quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code. An additional two feet in
height shall be provided to accommodate a roof pitch on an ADU that is aligned with
the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed
multifamily, multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that
applies to the primary dwelling, whichever is lower, for an ADU that is attached to a
primary dwelling. These ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed on
the lot in conjunction with the construction of an ADU.
(d) Interior livable space for ADU square footage shall not be included in FAR, Lot Coverage,
and Maximum House Size calculations for a lot with an existing or proposed single
family home, up to the amounts stated in Table 2. ADU s Square footage in excess of the
exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum
House Size calculations for the lot.
(e) When there is an ADU attached to an existing or proposed primary dwelling, the shared
wall between these units shall contribute to the maximum allowable Floor Area, Lot
Coverage, and Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to the
outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Attached units shall not have an interior access point to the
primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(g) For ADUs only, the allowable square footages noted in Table 2 and this section for these
units shall be based on the interior livable space for the purposes of FAR, lot coverage,
and maximum house size. The exterior walls not counted towards interior livable space
*NOT YET APPROVED*
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for these units will not count against the property’s FAR, lot coverage, or maximum
house size requirements. Reserved
(h) For properties listed in the California Register of Historical Resources compliance with
the appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar service
equipment that exclusively serves an ADU may be located anywhere on the site,
provided they maintain the underlying front yard setback requirements of the property
and, if the property is a corner lot, a 10-foot street-side setback. All such equipment
shall be insulated and housed, except that the Director may permit installation without
housing and insulation, provided that a combination of technical noise specifications,
location of equipment, and/or other screening or buffering will assure compliance with
the city’s Noise Ordinance at the nearest property line. All service equipment must meet
the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the primary unit,
measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU may encroach into a
setback required for the primary dwelling provided the following conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an adjacent
interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed closer than four
feet to an adjacent interior property line. When visible from the right of way,
these facilities shall be screened from view with vegetation.
(C) Habitable ADU basements shall contribute toward the unit’s total allowable floor
area. Any floor area in excess of the exemptions provided in this Section shall
contribute to the total allowable limits for the site.
(3) Projections, including but not limited to windows, doors, mechanical equipment,
venting or exhaust systems, are not permitted to encroach into the required
setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home, when an existing or proposed
primary dwelling unit is expanded or constructed simultaneously with the
construction of a new ADU, the homeowner may elect to build all structures to a 10-
foot street-side setback and a 16-foot front yard setback, regardless of the presence
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of a more restrictive special setback, unless a fire or life-safety regulation requires a
greater setback. Pursuant Government Code section 66321(b)(3), a street-side
setback may not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or reconstructed to
create an ADU, any portion of the ADU that is in the same location and falls within
the building envelope of the original structure shall not be subject to the
development standards stated in this Section. Any portion of the ADU that is in a
different location or exceeds the envelope of the original structure shall comply with
the development standards stated in this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph (5)
above, when an existing, legal, non-conforming structure is converted in-place to an
ADU, the envelope of the structure may be modified to encroach further into a
setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more than one linear
foot in height commensurate to the existing roofline of the structure provided
the height of the addition does not exceed 12 feet from grade. The roofline shall
not be changed to a style other than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six inches in
thickness based on its existing location and configuration, as measured to
exterior surface of the material, to provide for greater insulation and energy
requirements provided that a minimum of one foot is maintained between the
addition and an adjacent interior property line. An existing wall of a structure
that does not currently have a separation of one foot from a parallel property
line shall not be expanded outward.
(C) All other additions not specified here shall follow the standard setbacks for the
ADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, ADUs the unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main dwelling unit
unless the entranceway to the ADU accessory unit is located in the rear half of the
lot. Exterior staircases to second floor units shall be located toward the interior side
or rear yard of the property.
(2) Privacy
(A) Second story doors and decks shall not face a neighboring property line. Second
story decks and balconies shall utilize screening barriers to prevent views
towards an adjacent interior property line. These barriers shall be a minimum
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five-foot, six-inch height from the floor level of the deck or balcony and shall not
include perforations of any kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space, excluding those
required for egress, shall have a five-foot sill height as measured from the
second-finished floor level, or utilize obscured opaque glazing on the entirety
any window that faces an adjacent interior property line.
(C) Windows on a second finished floor, loft, or equivalent elevated space, shall be
offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor of an ADU
shall not face towards an adjacent interior property line. If this is not feasible,
then these windows shall utilize obscured opaque glazing on the whole window.
(E) If the first finished floor of an ADU is two feet or more above grade, then first
floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior property line shall
have a windowsill(s) that start five feet above the first finished floor for the
unit;
ii. Non-egress, non-operable windows facing an adjacent interior property line
shall have the lower half of window(s) (minimum of five feet above the first
finished floor) utilize obscured opaque glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall be used in
lieu of operable windows that face adjacent interior properties.
(G) No exterior lighting shall be mounted above seven feet. All lighting mounted on
walls shall be directed downwards and shall not direct light towards adjacent
interior property lines. Any ground lighting shall not direct light upwards to the
building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, covered parking
structure, or uncovered parking space is converted to, or demolished in conjunction
with the construction of, an ADU.
(2) When parking is provided, the unit shall have street access from a driveway in
common with the main residence in order to prevent new curb cuts, excessive
paving, and elimination of street trees, unless separate driveway access will result in
fewer environmental impacts such as paving, grading or tree removal.
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(3) When a single-family dwelling unit is permitted simultaneously with the construction
of new ADU, the primary unit’s covered parking requirements identified in Chapter
18.10 and 18.12 do not need to be provided. Two uncovered parking spaces shall be
provided in any configuration on the lot including within the front or street-side
setback for the property.
(4) If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the ADUaccessory dwelling unit is 220 square feet. This space
shall count towards the total floor area for the site but does not contribute to the
maximum size of the unit. Any attached garage shall not have an interior access point
to the ADU (e.g. hotel door or other similar feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple),
Calocedrus decurrens (California Incense Cedar), Quercus agrifolia (Coast Live
Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), or
Quercus lobata (Valley Oak) which is eleven and one-half inches in diameter
(thirty-six inches in circumference) or more when measured four and one-half
feet (fifty-four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches
in diameter (fifty-seven inches in circumference) or more when measured four
and one-half feet (fifty-four inches) above natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen inches in
diameter (forty-seven inches in circumference) or more when measured four
and one-half feet (fifty-four inches) above natural grade. A “protected tree” does
not include a tree of any species on the Exempt Species List put forth by the
Department of Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of a current or
previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or environmental
mitigation purposes as identified in an agreement between the property owner
and a responsible government agency or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
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(2) Except as provided in subsection (3) below, the construction of an ADU shall not
impact any protected tree, on the subject property or any adjacent lot by requiring:
(A) Removal of more than twenty-five percent of the functioning leaf, stem, or root
area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of any
Quercus (oak) species in any thirty-six-month period; or
(C) Trenching, excavating, altering the grade, or paving within the tree protection
zone of a tree in a way that foreseeably leads to the death of the tree. For the
purposes of this subsection (m), "tree protection zone" means the area defined
by a circle with a radius ten times the diameter of the trunk when measured four
and one-half feet (fifty-four inches) above natural grade.
(3) If an action prohibited by section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state law, the
tree shall be replaced according to the objective requirements identified in the Tree
Canopy Replacement Table of the Palo Alto Tree and Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards and
specifications in the Tree and Landscape Technical Manual for the protection of
trees during construction. Compliance with this subsection (4) shall not delay or
cause the denial of an ADU or JADU building permit or use permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(2) The unit shall not be sold separately from the primary residence except as allowed
under Government Code Section 66341 and PAMC 21.09.
(3) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(4) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(5) An applicant that seeks to appeal the City’s determination of completeness or denial
of a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
*NOT YET APPROVED*
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procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed
on Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision
from the Council, either on consent or through an agendized item, is final.
18.09.050 Additional Requirements for JADUs
(a) A JADU may be created on a lot in a single-family residential zone with an existing or
proposed single family residence. A JADU shall be attached to or created within the walls
of an existing or proposed primary dwelling, including enclosed uses within the
residence, such as an attached garage.
(b) The JADU shall include an efficiency kitchen, requiring the following components: A
cooking facility with appliances, and; food preparation counter and storage cabinets that
are of reasonable size in relation to the size of the JADU junior accessory dwelling unit.
(1) JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with the
primary unit. If a permitted JADU does not include a separate bathroom, the
permitted junior accessory dwelling unit shall include a separate entrance from the
main entrance to the structure, with an interior entry to the main living area. In this
instance, the floor area and lot coverage associated with shared space shall count
towards the primary unit’s maximum allowances only. The combined sanitation
facilities between the units shall include shower, toilet, and sink fixtures at a minimum
and shall conform to the minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the purposes
of providing service for water, sewer, or power, a JADU shall not be considered a separate
or new unit.
(d) The owner of a parcel proposed for a JADU shall occupy as a primary residence either the
primary dwelling or the JADU. Owner-occupancy is not required if the owner is a
governmental agency, land trust, or housing organization or if the required bathroom for
the JADU is provided in the unit, rather than inside the primary home.
(e) Prior to the issuance of a building permit for a JADU, the owner shall record a deed
restriction in a form approved by the city that includes a prohibition on the sale of the
junior accessory dwelling unit separate from the sale of the single-family residence,
identifies that if the unit is rented it shall be rented for no shorter term than 30 days, is
requires owner-occupancy consistent with subsection (d) above, and restricts the size and
attributes of the JADU to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded bonus
square footage equal to the square footage of a proposed JADU when a JADU is
constructed on site, provided the JADU meets the following requirements:
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1) The JADU must conform to the underlying zoning district’s development standards for
single family homes.
2) The maximum number of units on site shall not exceed fivefour (threetwo ADUs, one
JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under Section
18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the entrance
to the primary home.
6) All egress windows which face an adjacent residential property must utilize obscure
opaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have a
windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the noise
regulations in PAMC 9.10.
9) When a single-family dwelling unit is permitted simultaneously with the construction
of new JADU using these provisions, the primary unit’s covered parking requirements
do not need to be provided. Instead, two uncovered parking spaces shall be provided
in any configuration on the lot including within the front or street-side setback for the
property.
SECTION 3. Subsection (g) of Section 16.58.030 (Exemptions) of Chapter 16.58
(Development Impact Fees) of Title 16 (Building) of the Palo Alto Municipal Code (“PAMC”) is
amended to read as follows (additions underlined and deletions struck-through):
(g) Accessory dwelling units (ADU) less than 750 square feet in size of interior livable space.
Any impact fees to be charged for an accessory dwelling unit of 750 square feet of
interior livable space or more shall be proportional to the square footage of the primary
dwelling unit;
SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affect the provisions of this
Ordinance.
SECTION 5. 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
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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 6. 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), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. 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.
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SECTION 7. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building
Regulations), Title 18 (Zoning), and Title 21 (Subdivisions) 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. Findings and Declarations.
A. In 2025, the City of Palo Alto adopted Ordinance 5656, amending the City’s requirements
for ADUs and JADUs to reflect changes in State law and guidance from the California
Department of Housing and Community Development (HCD).
B. On May 12, 2025, the City Council directed staff to evaluate modifying the City’s ordinance
to increase the maximum size for ADUs to 1,200 square feet and allowing ADU
condominiums as allowed under AB 1033 (2024).
C. On September 30, 2025, the Governor signed Assembly Bills (AB) 130, 462, 1154 and Senate
Bills (SB) 9 and 543, effective between June 30, 2025 and January 1, 2026. These various
bills affect the processing time and requirements for ADU/JADU permits as well as the
number of permissible ADU/JADUs on one lot.
D. Upon recommendation of City Staff and the Planning and Transportation Commission, the
Council of the City of Palo Alto desires to amend its ADU/JADU ordinance to implementing
SB 1211 and to make additional clerical amendments and minor amendments to conform
with State law.
E. Section 4 of this Ordinance amends Chapter 16.58 (Development Impact Fee) of Title 16
(Building Regulations) of the Palo Alto Municipal Code. This is an administrative amendment
to align how impact fees for ADUs must be calculated based on interior livable space rather
than gross square footage as defined in Chapter 18.04.030 (Definitions) of Title 18 (Zoning)
of the Palo Alto Municipal Code.
F. Section 5 of this Ordinance introduces a new Chapter, Chapter 21.09 (Parcel Maps for
Separate Sale of ADUs), in Title 21 (Subdivisions and Other Divisions of Land) of the Palo
Alto Municipal Code. This new chapter intends to address Council’s direction to allow for
ADUs to be sold separately from the primary structure.
G. This ordinance is adopted to incorporate changes in state law that have occurred since the
adoption of Ordinance 5656 and to respond to direction from the City Council.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling
Units) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as
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follows (additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and junior
accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing
stock and additional affordable housing opportunities. These units shall be separate, self-
contained living units, with separate entrances from the main residence, whether
attached or detached. The standards below are provided to minimize the impacts of units
on nearby residents and throughout the city, and to assure that the size and location of
such dwellings is compatible with the existing or proposed residence(s) on the site and
with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an ADU accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home with multiple ADU/JADUs, ADU, and/or a JADU on a lot that allows for
single-family development shall not be considered a multifamily development pursuant to
PAMC Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Title Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code sections 66323 provides that certain units shall be approved
notwithstanding State or local regulations that may otherwise apply. The following types
of units shall be governed by the standards in this section. In the event of a conflict
between this section and Government Code section 66323, the Government Code shall
prevail.
(1) An ADU and JADU within the existing space of a single-family dwelling or an ADU
within the existing space of an accessory structure (i.e. conversion without
substantial addition).
(2) An ADU and JADU within the proposed space of a single-family dwelling.
(3) A detached, new construction ADU on a lot with a proposed or existing single-family
dwelling, provided the ADU does not exceed 800 square feet, four-foot side and rear
(i.e. interior) setbacks, or the maximum height described in subparagraph (A), (B), or
(C) of paragraph (4) of subdivision (b) of Government Code Section 66321, as
applicable.
(4) ADUs created by conversion of portions of existing multi-family dwellings not used
as livable space.
Commented [GS1]: SB 543
*NOT YET APPROVED*
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(5) Up to eight detached ADUs on a lot with an existing multi-family dwelling, provided
that the number of ADUs does not exceed the number of existing units on the lot.
(6) Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table
1. Regulations set forth in section 18.09.040 do not apply to units created under
18.09.030. The minimum and maximum sizes indicated in Table 1 do not prohibit units
that are greater than 800 square feet. These sizes simply serve to distinguish when a
unit transitions from regulations set forth in Table 1 and section 18.09.030 to
regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached ADU
and/or JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number
of Units
Allowed
1 Attached ADU, 1 Detached ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum
size(1) 150 sf
Maximum
size(1) N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3) N/A 16(5) N/A 16(5)(6)
Parking None
State Law
Reference 66323(a)(1) 66323(a)(1) 66323(a)(2) 66323(a)(3) 66323(a)(4)
(1) Lofts where the height from the floor level to the underside of the rafter or finished
roof surface is 5' or greater shall count towards the unit’s floor area.
Commented [GS2]: SB 543
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(2) The maximum size of a JADU is 500 square feet. See PAMC 18.09.030(h) for
additional information.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Units must be detached from primary dwellings but may be attached to each other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking
distance of a major transit stop or a high-quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code. An additional two feet in
height shall be provided to accommodate a roof pitch on an ADU that is aligned with
the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed
multifamily, multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards
related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that
qualify for approval under this section. When there is an ADU or JADU attached to an
existing or proposed primary dwelling, the shared wall between these units shall
contribute to the maximum allowable Floor Area, Lot Coverage, and Maximum House
Size of the primary unit. For a single-family home, this measurement shall be taken to
the outside stud wall in accordance with Section 18.04.030(a)(65)(D). For a multi-family
dwelling, this measurement shall be taken to the outside surface of exterior walls in
accordance with Section 18.04.030(a)(65)(B) and (C).
(d) For ADUs and JADUs only, the allowable square footages noted in Table 1 and this
section for these units shall be based on the interior livable space for the purposes of
FAR, lot coverage, and maximum house size. The exterior walls not counted towards
interior livable space for these units will not count against the property’s FAR, lot
coverage, or maximum house size requirements.
(e) The establishment of ADUs accessory dwelling units and JADUs junior accessory
dwelling units pursuant to this section shall not be conditioned on the correction of non-
conforming zoning conditions; provided, however, that nothing in this section shall limit
the authority of the Chief Building Official to require correction of building standards
relating to health and safety. Upon request of the owner for a delay in enforcement, the
Chief Building Official shall delay enforcement of a building standard, subject to
compliance with Section 17980.12 of the Health and Safety Code.
(f) The installation of fire sprinklers shall not be required in an ADU accessory dwelling unit
if sprinklers are not required for the primary residence. The construction of an ADU
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed
Commented [GS3]: SB 543
Commented [GS4]: SB 543
*NOT YET APPROVED*
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in the existing multifamily dwelling. Nothing in this section shall preclude the Fire
Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(g) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(h) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior access
point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance). If
a permitted JADU does not include a separate bathroom, the permitted JADU shall
include a separate entrance from the main entrance to the structure, with an interior
entry to the main living area.
(i) Conversion of existing living area or an existing accessory structure pursuant to
Government Code section 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation or reconstruction does not increase the
degree of non-compliance, such as increased height, envelope, or further intrusion into
required setbacks. An expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure may be provided to
accommodate ingress and egress. Any addition to the existing accessory structure that is
not limited to providing for ingress and egress to the unit, and that exceeds the
envelope of the existing accessory structure shall be subject to Section 18.09.040.
(j) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(k) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(l) Replacement parking is not required when an off-street parking space is converted to,
or demolished in conjunction with the construction of, an ADU or JADU.
(m) JADUs shall comply with the requirements of Section 18.09.050.
(n) An applicant that seeks to appeal the City’s determination of completeness or denial of
a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed on
Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision from the
Council, either on consent or through an agendized item, is final.
18.09.040 Units Subject to Local Standards
Commented [GS5]: SB 543
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(a) This section shall govern applications for ADUs that do not qualify for approval under
section 18.09.030 and for which the City may impose local standards pursuant to
Government Code section 66314. Nothing in this section shall be interpreted to prohibit
an ADU of up to 800 square feet, at the heights stated in Table 2, with a four-foot side
and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table 2.
These regulations do not limit the height of existing structures converted into ADU
unless the envelope of the building is proposed to be modified beyond any existing
legal, non-conforming condition.
Table 2: All other Units
Attached Detached
Number of Units Allowed1 1
Minimum size 150 sf
Maximum size 1,200900 sf (1,000 sf for
two or more bedrooms
required to exceed 1,000
sf);
no more than 50% of the
size of the single-family
home
1,200900 sf (1,000 sf for two or
more bedrooms required to
exceed 1,000 sf)
Setbacks 4 feet from side and rear lot lines;
Daylight Plane Underlying zone standard
per footnote (7)
N/A
Maximum Height3
Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Square Footage Exemption when in
conjunction with a single family home(4)
Up to 800 sf
(1) An attached and or detached ADU may be built in conjunction with the allowable units
prescribed under Table 1 and PAMC 18.09.050(f)a JADU on a lot with an existing or
proposed single family home. One attached or detached ADU may be built in conjunction
with the allowable units prescribed under Table 1 on an existing or proposed multifamily
building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof
surface is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
Commented [GS6]: PTC Recommendation
Commented [GS7]: SB 543
*NOT YET APPROVED*
7
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(4) Lots with both an attached and detached ADU may exempt a maximum combined total of
800 square feet of both ADUs from FAR, Lot Coverage, and Maximum House Size
calculations. Any square footage that exceeds this exemption shall contribute to the FAR,
Lot Coverage, and (if attached) Maximum House Size calculations for the subject property.
This exemption is not afforded to lots with existing or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major
transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of
the Public Resources Code. An additional two feet in height shall be provided to
accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary
dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling.
These ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed on
the lot in conjunction with the construction of an ADU.
(d) Interior livable space for ADU square footage shall not be included in FAR, Lot Coverage,
and Maximum House Size calculations for a lot with an existing or proposed single
family home, up to the amounts stated in Table 2. ADU s Square footage in excess of the
exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum
House Size calculations for the lot.
(e) When there is an ADU attached to an existing or proposed primary dwelling, the shared
wall between these units shall contribute to the maximum allowable Floor Area, Lot
Coverage, and Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to the
outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Attached units shall not have an interior access point to the
primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(g) For ADUs only, the allowable square footages noted in Table 2 and this section for these
units shall be based on the interior livable space for the purposes of FAR, lot coverage,
and maximum house size. The exterior walls not counted towards interior livable space
Commented [GS8]: SB 543
Commented [GS9]: SB 543
*NOT YET APPROVED*
8
0160204_20260729_ay16
for these units will not count against the property’s FAR, lot coverage, or maximum
house size requirements. Reserved
(h) For properties listed in the California Register of Historical Resources compliance with
the appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar service
equipment that exclusively serves an ADU may be located anywhere on the site,
provided they maintain the underlying front yard setback requirements of the property
and, if the property is a corner lot, a 10-foot street-side setback. All such equipment
shall be insulated and housed, except that the Director may permit installation without
housing and insulation, provided that a combination of technical noise specifications,
location of equipment, and/or other screening or buffering will assure compliance with
the city’s Noise Ordinance at the nearest property line. All service equipment must meet
the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the primary unit,
measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU may encroach into a
setback required for the primary dwelling provided the following conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an adjacent
interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed closer than four
feet to an adjacent interior property line. When visible from the right of way,
these facilities shall be screened from view with vegetation.
(C) Habitable ADU basements shall contribute toward the unit’s total allowable floor
area. Any floor area in excess of the exemptions provided in this Section shall
contribute to the total allowable limits for the site.
(3) Projections, including but not limited to windows, doors, mechanical equipment,
venting or exhaust systems, are not permitted to encroach into the required
setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home, when an existing or proposed
primary dwelling unit is expanded or constructed simultaneously with the
construction of a new ADU, the homeowner may elect to build all structures to a 10-
foot street-side setback and a 16-foot front yard setback, regardless of the presence
of a more restrictive special setback, unless a fire or life-safety regulation requires a
Commented [GS10]: SB 543
*NOT YET APPROVED*
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greater setback. Pursuant Government Code section 66321(b)(3), a street-side
setback may not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or reconstructed to
create an ADU, any portion of the ADU that is in the same location and falls within
the building envelope of the original structure shall not be subject to the
development standards stated in this Section. Any portion of the ADU that is in a
different location or exceeds the envelope of the original structure shall comply with
the development standards stated in this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph (5)
above, when an existing, legal, non-conforming structure is converted in-place to an
ADU, the envelope of the structure may be modified to encroach further into a
setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more than one linear
foot in height commensurate to the existing roofline of the structure provided
the height of the addition does not exceed 12 feet from grade. The roofline shall
not be changed to a style other than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six inches in
thickness based on its existing location and configuration, as measured to
exterior surface of the material, to provide for greater insulation and energy
requirements provided that a minimum of one foot is maintained between the
addition and an adjacent interior property line. An existing wall of a structure
that does not currently have a separation of one foot from a parallel property
line shall not be expanded outward.
(C) All other additions not specified here shall follow the standard setbacks for the
ADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, ADUs the unit shall not have an entranceway
facing the same lot line (property line) as the entranceway to the main dwelling unit
unless the entranceway to the ADU accessory unit is located in the rear half of the
lot. Exterior staircases to second floor units shall be located toward the interior side
or rear yard of the property.
(2) Privacy
(A) Second story doors and decks shall not face a neighboring property line. Second
story decks and balconies shall utilize screening barriers to prevent views
towards an adjacent interior property line. These barriers shall be a minimum
*NOT YET APPROVED*
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five-foot, six-inch height from the floor level of the deck or balcony and shall not
include perforations of any kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space, excluding those
required for egress, shall have a five-foot sill height as measured from the
second-finished floor level, or utilize obscured opaque glazing on the entirety
any window that faces an adjacent interior property line.
(C) Windows on a second finished floor, loft, or equivalent elevated space, shall be
offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor of an ADU
shall not face towards an adjacent interior property line. If this is not feasible,
then these windows shall utilize obscured opaque glazing on the whole window.
(E) If the first finished floor of an ADU is two feet or more above grade, then first
floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior property line shall
have a windowsill(s) that start five feet above the first finished floor for the
unit;
ii. Non-egress, non-operable windows facing an adjacent interior property line
shall have the lower half of window(s) (minimum of five feet above the first
finished floor) utilize obscured opaque glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall be used in
lieu of operable windows that face adjacent interior properties.
(G) No exterior lighting shall be mounted above seven feet. All lighting mounted on
walls shall be directed downwards and shall not direct light towards adjacent
interior property lines. Any ground lighting shall not direct light upwards to the
building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, covered parking
structure, or uncovered parking space is converted to, or demolished in conjunction
with the construction of, an ADU.
(2) When parking is provided, the unit shall have street access from a driveway in
common with the main residence in order to prevent new curb cuts, excessive
paving, and elimination of street trees, unless separate driveway access will result in
fewer environmental impacts such as paving, grading or tree removal.
*NOT YET APPROVED*
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(3) When a single-family dwelling unit is permitted simultaneously with the construction
of new ADU, the primary unit’s covered parking requirements identified in Chapter
18.10 and 18.12 do not need to be provided. Two uncovered parking spaces shall be
provided in any configuration on the lot including within the front or street-side
setback for the property.
(4) If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the ADU accessory dwelling unit is 220 square feet. This
space shall count towards the total floor area for the site but does not contribute to
the maximum size of the unit. Any attached garage shall not have an interior access
point to the ADU (e.g. hotel door or other similar feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple),
Calocedrus decurrens (California Incense Cedar), Quercus agrifolia (Coast Live
Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), or
Quercus lobata (Valley Oak) which is eleven and one-half inches in diameter
(thirty-six inches in circumference) or more when measured four and one-half
feet (fifty-four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches
in diameter (fifty-seven inches in circumference) or more when measured four
and one-half feet (fifty-four inches) above natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen inches in
diameter (forty-seven inches in circumference) or more when measured four
and one-half feet (fifty-four inches) above natural grade. A “protected tree” does
not include a tree of any species on the Exempt Species List put forth by the
Department of Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of a current or
previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or environmental
mitigation purposes as identified in an agreement between the property owner
and a responsible government agency or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
*NOT YET APPROVED*
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(2) Except as provided in subsection (3) below, the construction of an ADU shall not
impact any protected tree, on the subject property or any adjacent lot by requiring:
(A) Removal of more than twenty-five percent of the functioning leaf, stem, or root
area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of any
Quercus (oak) species in any thirty-six-month period; or
(C) Trenching, excavating, altering the grade, or paving within the tree protection
zone of a tree in a way that foreseeably leads to the death of the tree. For the
purposes of this subsection (m), "tree protection zone" means the area defined
by a circle with a radius ten times the diameter of the trunk when measured four
and one-half feet (fifty-four inches) above natural grade.
(3) If an action prohibited by section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state law, the
tree shall be replaced according to the objective requirements identified in the Tree
Canopy Replacement Table of the Palo Alto Tree and Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards and
specifications in the Tree and Landscape Technical Manual for the protection of
trees during construction. Compliance with this subsection (4) shall not delay or
cause the denial of an ADU or JADU building permit or use permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(2) The unit shall not be sold separately from the primary residence except as allowed
under Government Code Section 66341 and PAMC 21.09.
(3) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(4) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(5) An applicant that seeks to appeal the City’s determination of completeness or denial
of a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
*NOT YET APPROVED*
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procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed
on Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision
from the Council, either on consent or through an agendized item, is final.
18.09.050 Additional Requirements for JADUs
(a) A JADU may be created on a lot in a single-family residential zone with an existing or
proposed single family residence. A JADU shall be attached to or created within the walls
of an existing or proposed primary dwelling, including enclosed uses within the
residence, such as an attached garage.
(b) The JADU shall include an efficiency kitchen, requiring the following components: A
cooking facility with appliances, and; food preparation counter and storage cabinets that
are of reasonable size in relation to the size of the JADU junior accessory dwelling unit.
(1) JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with the
primary unit. If a permitted JADU does not include a separate bathroom, the
permitted junior accessory dwelling unit shall include a separate entrance from the
main entrance to the structure, with an interior entry to the main living area. In this
instance, the floor area and lot coverage associated with shared space shall count
towards the primary unit’s maximum allowances only. The combined sanitation
facilities between the units shall include shower, toilet, and sink fixtures at a minimum
and shall conform to the minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the purposes
of providing service for water, sewer, or power, a JADU shall not be considered a separate
or new unit.
(d) The owner of a parcel proposed for a JADU shall occupy as a primary residence either the
primary dwelling or the JADU. Owner-occupancy is not required if the owner is a
governmental agency, land trust, or housing organization or if the required bathroom for
the JADU is provided in the unit, rather than inside the primary home.
(e) Prior to the issuance of a building permit for a JADU, the owner shall record a deed
restriction in a form approved by the city that includes a prohibition on the sale of the
junior accessory dwelling unit separate from the sale of the single-family residence,
identifies that if the unit is rented it shall be rented for no shorter term than 30 days, is
requires owner-occupancy consistent with subsection (d) above, and restricts the size and
attributes of the JADU to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded bonus
square footage equal to the square footage of a proposed JADU when a JADU is
constructed on site, provided the JADU meets the following requirements:
Commented [GS11]: SB 543
Commented [GS12]: AB 1154
Commented [GS13]: AB 1154
*NOT YET APPROVED*
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1) The JADU must conform to the underlying zoning district’s development standards for
single family homes.
2) The maximum number of units on site shall not exceed fivefour (three two ADUs, one
JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under Section
18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the entrance
to the primary home.
6) All egress windows which face an adjacent residential property must utilize obscure
opaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have a
windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the noise
regulations in PAMC 9.10.
9) When a single-family dwelling unit is permitted simultaneously with the construction
of new JADU using these provisions, the primary unit’s covered parking requirements
do not need to be provided. Instead, two uncovered parking spaces shall be provided
in any configuration on the lot including within the front or street-side setback for the
property.
SECTION 3. Subsection (g) of Section 16.58.030 (Exemptions) of Chapter 16.58
(Development Impact Fees) of Title 16 (Building) of the Palo Alto Municipal Code (“PAMC”) is
amended to read as follows (additions underlined and deletions struck-through):
(g) Accessory dwelling units (ADU) less than 750 square feet in size of interior livable space.
Any impact fees to be charged for an accessory dwelling unit of 750 square feet of
interior livable space or more shall be proportional to the square footage of the primary
dwelling unit;
SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affect the provisions of this
Ordinance.
Commented [GS14]: SB 543
Commented [GS15]: Staff clarification to incentivize use
of this provision. Mirrored in 18.09.040(l)(3).
Commented [GS16]: SB 543
*NOT YET APPROVED*
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SECTION 5. 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 6. 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), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. 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.
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*NOT YET APPROVED*
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SECTION 7. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
*NOT YET APPROVED*
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Attachment C – Draft Text to Allow Separate ADU Ownership
1. Establish Section 21.09. (Parcel Maps for Separate Sale of ADUs) of Title 21
(Subdivisions and Other Divisions of Land)
21.09.010 Purpose and Applicability
The intent of this Chapter is to implement California Government Code Section 66342 and to
apply objective local development standards for condominium subdivisions that facilitate
separate conveyance of accessory dwelling units.
Except as expressly stated in this Chapter, all other objective policies and requirements
governing subdivisions shall apply. Where this Chapter or Government Code Section 66432
conflict with any other provisions of this Code, this Chapter and the Government Code shall
control.
21.09.020 Permit Required
Pursuant to Government Code Section 66342, this Chapter provides for the streamlined
approval of subdivisions for condominium purposes to permit separate conveyance of existing or
proposed Accessory Dwelling Units (ADU) from a primary residence. These condominiums shall
be sold or otherwise conveyed separate from the primary residence only under the conditions
outlined in this Chapter or pursuant to Government Code Section 66342.
21.09.030 ADU Condominium Requirements
To achieve the purposes of this Chapter, all projects shall conform to the following
requirements:
(a) The Director of Planning is authorized to promulgate regulations, forms, and/or
checklists setting forth application requirements for a parcel map for this Chapter.
(b) All structures and buildings included as part of a condominium project shall conform to
the building and zoning requirements applicable to the zoning district in which the
project is proposed to be located. Designation of individual condominium units shall not
be deemed to reduce or eliminate any of the building and zoning requirements
applicable to any such buildings or structures.
(c) The condominium shall be created pursuant to the Davis-Stirling Common Interest
Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(d) The condominium shall be created in conformance with all applicable objective
requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410))
and all other objective requirements of this Chapter.
*NOT YET APPROVED*
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(1) Neither a subdivision map nor a condominium plan shall be recorded with the
county recorder without each lienholder’s consent. The following shall apply to
the consent of a lienholder:
(A) A lienholder may refuse to give consent.
(B) A lienholder may consent provided that any terms and conditions
required by the lienholder are satisfied.
(2) Prior to recordation of the initial or any subsequent modifications to the
condominium plan, written evidence of the lienholder’s consent shall be provided
to City staff and the county recorder along with a signed statement from each
lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan
in their sole and absolute discretion and the borrower has or will satisfy any
additional terms and conditions the lienholder may have.”
(3) The lienholder’s consent shall be included on the condominium plan, or attached
to the condominium plan that includes the following information:
(A) The lienholder’s signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as
reflected in the real property records.
(E) The lienholder’s consent shall be recorded in the office of the county
recorder of the county in which the real property is located.
(e) An ADU shall be sold or otherwise conveyed separate from the primary residence only
under the conditions outlined in this Chapter, Title 21 of the Palo Alto Municipal Code,
and under the applicable conditions of Government Code Section 66342. Prior to
approval of a parcel map, a home or property owners’ association or similar entity shall
be formed for any condominium project. The association shall, at a minimum, provide for
the administration, management and maintenance of all common areas including
landscaping, drive aisles and parking areas, maintenance of the exterior of all buildings,
pool or common roof, the collection of dues, payment of public utilities not billed
separately to each unit, and enforcement of standards within the project.
(1) The owner of a property or a separate interest within an existing planned
development that has an existing association, as defined in Section 4080 of the
Civil Code, shall not record a condominium plan to create a common interest
development under Section 4100 of the Civil Code without the express written
authorization by the existing association.
*NOT YET APPROVED*
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(2) For purposes of this subparagraph, written authorization by the existing
association means approval by the board at a duly noticed board meeting, as
defined in Section 4090 of the Civil Code, and if needed pursuant to the existing
association’s governing documents, membership approval of the existing
association.
(f) The applicant shall prepare a declaration of covenants, conditions and restrictions
(CC&Rs) which shall be recorded and apply to each owner of a condominium unit within
the project. The CC&Rs shall be recorded at, or prior to, the time of parcel map approval,
and shall include all applicable conditions of approval and requirements of the City. The
CC&Rs shall, at a minimum, provide:
(1) That any amendment to the CC&Rs related to the conditions of approval or other
requirements of this Chapter may not be approved without prior consent of the
City.
(2) That there shall be an entity created (e.g., a property or homeowners’
association) which shall be financially responsible for and shall provide for the
effective establishment, operation, management, use, repair and maintenance of
all common areas and facilities.
(3) A provision containing information regarding the conveyance of units and any
assignment of parking, an estimate of any initial assessment fees anticipated for
maintenance of common areas and facilities, and an indication of appropriate
responsibilities for maintenance of all utility lines and services for each unit.
(4) A provision addressing the payment of utilities including water, sewer, gas and
electricity by the homeowner or through the association.
(5) A provision requiring that any owner who rents his/her condominium unit shall
conform to the homeowners’ association which is responsible for management of
the common areas and enforcement of the CC&Rs.
(6) That rental of any dwelling unit created by the parcel map shall be for a term
longer than 30 consecutive days.
(g) In addition to such covenants, conditions, and restrictions that may be required by the
Department of Real Estate of the State of California pursuant to Title 6 (Condominiums)
of the Civil Code or other State laws or policies, the organization documents shall provide
for the following:
(1) Conveyance of units.
(2) Management of common areas within the project.
*NOT YET APPROVED*
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(3) A proposed annual operating budget containing a reserve fund to pay major
anticipated maintenance, repair, or replacement expenses; and indicating the
association fees needed for the operating budget and reserve fund.
(4) FHA regulatory agreement, if any.
(h) If an accessory dwelling unit is established as a condominium, the homeowner shall
notify providers of utilities, including water, sewer, gas, and electricity, of the
condominium creation and separate conveyance.
(i) Prior to approval of the parcel map, a safety inspection of the ADU(s) shall be conducted
as evidenced through issuance of a final Building Permit or a housing quality standards
report from a building inspector certified by the United States Department of Housing
and Urban Development when applicable, and which conforms to current Building Code
and Fire Code requirements.
(j) The Director of Planning shall cause a notice of the pending application to be posted at
the site of the proposed ADU Condominium and for notice to be mailed to owners and
residents of property within 600 feet of the property.
(k) The Director of Planning shall ministerially review and approve a parcel map for an ADU
Condominium if they determine that the parcel map application meets all requirements
of this Chapter, Chapter 18.09, and Title 21. The Director of Planning shall deny a parcel
map application that does not meet any requirement of this Chapter, Chapter 18.09, and
Title 21.
(l) In addition to other application submittal requirements created by the City and published
on its website, the following information shall be provided:
(1) Statement regarding current ownership of all improvements and underlying land.
(2) A site plan and boundary map showing the location of all existing or proposed:
easements, structures, mature and/or scenic trees, and other improvements
upon the property.
(3) Dimensions and location of each building or unit and the location of all fences and
walls.
(4) The location, size, and design for all common areas, including all facilities and
amenities provided within the common areas for use by unit owners.
(5) Location and condition for all paved areas, including pedestrian walkways.
(6) Maintenance plan of all buildings and common areas and facilities.
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(m) The Director of Planning shall determine the appropriate fee required for an application
for parcel map for an ADU Condominium, which may be the fee currently established for
a Preliminary Parcel Map, Parcel Map, or SB 9 application.
Item No. 6. Page 1 of 2
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City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director
Meeting Date: August 17, 2026
Item Number: 6
Report #:2608-6646
TITLE
Adoption of an Ordinance Amending Various Palo Alto Municipal Code Chapters in Titles 16 and
18 to Address Changes in State Law and Direction from City Council Regarding Accessory and
Junior Accessory Dwelling Units. CEQA Status: Exempt From the Provisions of the California
Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the Draft Ordinance (Attachment A) amending Palo Alto Municipal Code (PAMC)
Title 16 (Building) and Title 18 (Zoning) regulations for Accessory Dwelling Units (ADUs)
and Junior Accessory Dwelling Units (JADUs).
BACKGROUND
Staff report Attachments A and B (the clean and redlined versions of the ordinance
amendments) published for the subject hearing contain two text errors in the proposed
amendment. Specifically, in Table 1 of Section 2 related to the setback requirements for New
Construction of Detached ADU related to single family and multi-family development. The
pertinent text is highlighted below.
Item No. 6. Page 2 of 2
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State law precludes restrictions for encroachment into the front yard setback for qualifying
ADUs. The draft ordinance shows the highlighted text for single family development as existing
text; it is not. This text has been removed from the attached draft ordinance included in this
supplemental report.
For qualifying ADUs in a multi-family development, the existing code does include a reference
to the underlying front yard setback and, in accordance with state law, needs to be struck. The
text has been removed in the attached draft ordinance.
With these two changes, the draft ordinance is consistent with the language of Government
Code section 66323(a)(2).
ATTACHMENTS
Attachment A: Supplemental Report Draft Ordinance (clean version)
Attachment B: Supplemental Report Draft Ordinance (annotated version)
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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Ordinance No. _____
SECTION 1. Findings and Declarations.
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SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of
Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined and deletions struck-through):
18.09.010 Purpose
18.09.020 Applicable Zoning Districts
18.09.030 Units Exempt from Generally Applicable Local Regulations
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iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to eight detached ADUs on a lot with an existing multi-family dwelling,
provided that the number of ADUs does not exceed the number of existing
units on the lot.
vi. Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached ADU
and/or JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number
of Units
Allowed
1 Attached ADU, 1 Detached ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum
size(1)150 sf
Maximum
size(1)N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
4 feet from
side and rear
lot lines;
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3)N/A
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
16(5)N/A 16(5)(6)
Parking None
State Law 66323(a)(1)66323(a)(1)66323(a)(2)66323(a)(3)66323(a)(4)
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Reference
(1)Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(2)The maximum size of a JADU is 500 square feet. See PAMC 18.09.030(h) for additional
information.
(3)Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4)Units must be detached from primary dwellings but may be attached to each other.
(5)A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6)A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section. When there is an ADU or JADU
attached to an existing or proposed primary dwelling, the shared wall between
these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and
Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to
the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B)
and (C).
(d) For ADUs and JADUs only, the allowable square footages noted in Table 1 and this
section for these units shall be based on the interior livable space for the purposes
of FAR, lot coverage, and maximum house size. The exterior walls not counted
towards interior livable space for these units will not count against the property’s
FAR, lot coverage, or maximum house size requirements.
(e) The establishment of ADUsaccessory dwelling units and JADUsjunior accessory
dwelling units pursuant to this section shall not be conditioned on the correction of
non-conforming zoning conditions; provided, however, that nothing in this section
shall limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety. Upon request of the owner for a delay in
enforcement, the Chief Building Official shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety
Code.
(f)The installation of fire sprinklers shall not be required in an ADUaccessory dwelling
unit if sprinklers are not required for the primary residence. The construction of an
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ADUaccessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling. Nothing in this section shall preclude the
Fire Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(g) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(h) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance). If a permitted JADU does not include a separate bathroom,
the permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
(i)Conversion of existing living area or an existing accessory structure pursuant to
Government Code section 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation or reconstruction does not increase
the degree of non-compliance, such as increased height, envelope, or further
intrusion into required setbacks. An expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure may be
provided to accommodate ingress and egress. Any addition to the existing accessory
structure that is not limited to providing for ingress and egress to the unit, and that
exceeds the envelope of the existing accessory structure shall be subject to Section
18.09.040.
(j) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(k) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(l) Replacement parking is not required when an off-street parking space is converted
to, or demolished in conjunction with the construction of, an ADU or JADU.
(m)JADUs shall comply with the requirements of Section 18.09.050.
(n) An applicant that seeks to appeal the City’s determination of completeness or denial
of a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed
on Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision
from the Council, either on consent or through an agendized item, is final.
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18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs that do not qualify for approval
under section 18.09.030 and for which the City may impose local standards pursuant
to Government Code section 66314. Nothing in this section shall be interpreted to
prohibit an ADU of up to 800 square feet, at the heights stated in Table 2, with a
four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU unless the envelope of the building is proposed to be modified beyond any
existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached
Number of Units Allowed1 1
Minimum size 150 sf
Maximum size 1,200900 sf (1,000 sf for
two or more bedrooms
required to exceed 1,000
sf);
no more than 50% of the
size of the single-family
home
1,200900 sf (1,000 sf for
two or more bedrooms
required to exceed
1,000 sf)
Setbacks 4 feet from side and rear lot lines;
Daylight Plane Underlying zone
standard per footnote (7)
N/A
Maximum Height3
Res. Estate (RE)30 feet
Open Space (OS)25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Square Footage Exemption when in
conjunction with a single family
home(4)
Up to 800 sf
(1) An attached andor detached ADU may be built in conjunction with the allowable units
prescribed under Table 1 and PAMC 18.09.050(f)a JADU on a lot with an existing or proposed
single family home. One attached or detached ADU may be built in conjunction with the
allowable units prescribed under Table 1 on an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
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(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4) Lots with both an attached and detached ADU may exempt a maximum combined total of 800
square feet of both ADUs from FAR, Lot Coverage, and Maximum House Size calculations. Any
square footage that exceeds this exemption shall contribute to the FAR, Lot Coverage, and (if
attached) Maximum House Size calculations for the subject property. This exemption is not
afforded to lots with existing or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These
ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed
on the lot in conjunction with the construction of an ADU.
(d) Interior livable space for ADU square footage shall not be included in FAR, Lot
Coverage, and Maximum House Size calculations for a lot with an existing or
proposed single family home, up to the amounts stated in Table 2. ADU sSquare
footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot
Coverage, and Maximum House Size calculations for the lot.
(e) When there is an ADU attached to an existing or proposed primary dwelling, the
shared wall between these units shall contribute to the maximum allowable Floor
Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-family
home, this measurement shall be taken to the outside stud wall in accordance with
Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be
taken to the outside surface of exterior walls in accordance with Section
18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Attached units shall not have an interior access point to the
primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(g) For ADUs only, the allowable square footages noted in Table 2 and this section for
these units shall be based on the interior livable space for the purposes of FAR, lot
coverage, and maximum house size. The exterior walls not counted towards interior
livable space for these units will not count against the property’s FAR, lot coverage,
or maximum house size requirements.Reserved
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(h) For properties listed in the California Register of Historical Resources compliance
with the appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment that exclusively serves an ADU may be located anywhere on the
site, provided they maintain the underlying front yard setback requirements of the
property and, if the property is a corner lot, a 10-foot street-side setback. All such
equipment shall be insulated and housed, except that the Director may permit
installation without housing and insulation, provided that a combination of technical
noise specifications, location of equipment, and/or other screening or buffering will
assure compliance with the city’s Noise Ordinance at the nearest property line. All
service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the
Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU may encroach
into a setback required for the primary dwelling provided the following
conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an
adjacent interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed closer
than four feet to an adjacent interior property line. When visible from
the right of way, these facilities shall be screened from view with
vegetation.
(C) Habitable ADU basements shall contribute toward the unit’s total
allowable floor area. Any floor area in excess of the exemptions
provided in this Section shall contribute to the total allowable limits
for the site.
(3) Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously
with the construction of a new ADU, the homeowner may elect to build all
structures to a 10-foot street-side setback and a 16-foot front yard setback,
regardless of the presence of a more restrictive special setback, unless a fire
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or life-safety regulation requires a greater setback. Pursuant Government Code section
66321(b)(3), a street-side setback may not preclude the development of an 800 square
foot unit.
(5) When an existing, legal, nonconforming structure is converted or
reconstructed to create an ADU, any portion of the ADU that is in the same
location and falls within the building envelope of the original structure shall
not be subject to the development standards stated in this Section. Any
portion of the ADU that is in a different location or exceeds the envelope of
the original structure shall comply with the development standards stated in
this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph
(5) above, when an existing, legal, non-conforming structure is converted in-
place to an ADU, the envelope of the structure may be modified to encroach
further into a setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more
than one linear foot in height commensurate to the existing roofline
of the structure provided the height of the addition does not exceed
12 feet from grade. The roofline shall not be changed to a style other
than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six
inches in thickness based on its existing location and configuration, as
measured to exterior surface of the material, to provide for greater
insulation and energy requirements provided that a minimum of one
foot is maintained between the addition and an adjacent interior
property line. An existing wall of a structure that does not currently
have a separation of one foot from a parallel property line shall not
be expanded outward.
(C) All other additions not specified here shall follow the standard
setbacks for the ADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, ADUsthe unit shall not have an
entranceway facing the same lot line (property line) as the entranceway to
the main dwelling unit unless the entranceway to the ADUaccessory unit is
located in the rear half of the lot. Exterior staircases to second floor units
shall be located toward the interior side or rear yard of the property.
(2) Privacy
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(A) Second story doors and decks shall not face a neighboring property
line. Second story decks and balconies shall utilize screening barriers
to prevent views towards an adjacent interior property line. These
barriers shall be a minimum five-foot, six-inch height from the floor
level of the deck or balcony and shall not include perforations of any
kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space,
excluding those required for egress, shall have a five-foot sill height as
measured from the second-finished floor level, or utilize
obscuredopaque glazing on the entirety any window that faces an
adjacent interior property line.
(C) Windows on a second finished floor, loft, or equivalent elevated
space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor
of an ADU shall not face towards an adjacent interior property line. If
this is not feasible, then these windows shall utilize obscuredopaque
glazing on the whole window.
(E) If the first finished floor of an ADU is two feet or more above grade,
then first floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior
property line shall have a windowsill(s) that start five feet
above the first finished floor for the unit;
ii. Non-egress, non-operable windows facing an adjacent interior
property line shall have the lower half of window(s) (minimum
of five feet above the first finished floor) utilize
obscuredopaque glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall
be used in lieu of operable windows that face adjacent interior
properties.
(G) No exterior lighting shall be mounted above seven feet. All lighting
mounted on walls shall be directed downwards and shall not direct
light towards adjacent interior property lines. Any ground lighting
shall not direct light upwards to the building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, covered parking
structure, or uncovered parking space is converted to, or demolished in
conjunction with the construction of, an ADU.
(2) When parking is provided, the unit shall have street access from a driveway in
common with the main residence in order to prevent new curb cuts,
excessive paving, and elimination of street trees, unless separate driveway
access will result in fewer environmental impacts such as paving, grading or
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tree removal.
(3) When a single-family dwelling unit is permitted simultaneously with the
construction of new ADU, the primary unit’s covered parking requirements
identified in Chapter 18.10 and 18.12 do not need to be provided. Two
uncovered parking spaces shall be provided in any configuration on the lot
including within the front or street-side setback for the property.
(4) If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the ADUaccessory dwelling unit is 220 square feet.
This space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit. Any attached garage shall not
have an interior access point to the ADU (e.g. hotel door or other similar
feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf
Maple), Calocedrus decurrens (California Incense Cedar), Quercus
agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus
kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in
circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is
eighteen inches in diameter (fifty-seven inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen
inches in diameter (forty-seven inches in circumference) or more
when measured four and one-half feet (fifty-four inches) above
natural grade. A “protected tree” does not include a tree of any
species on the Exempt Species List put forth by the Department of
Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of a
current or previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement
between the property owner and a responsible government agency
or recorded as a deed restriction.
(F) Any heritage tree previously designated by the city council.
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(G) Any tree previously planted as a replacement mitigation tree.
(2) Except as provided in subsection (3) below, the construction of an ADU shall
not impact any protected tree, on the subject property or any adjacent lot by
requiring:
(A) Removal of more than twenty-five percent of the functioning leaf,
stem, or root area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of
any Quercus (oak) species in any thirty-six-month period; or
(C) Trenching, excavating, altering the grade, or paving within the tree
protection zone of a tree in a way that foreseeably leads to the death
of the tree. For the purposes of this subsection (m), "tree protection
zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-
four inches) above natural grade.
(3)If an action prohibited by section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state
law, the tree shall be replaced according to the objective requirements
identified in the Tree Canopy Replacement Table of the Palo Alto Tree and
Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards
and specifications in the Tree and Landscape Technical Manual for the
protection of trees during construction. Compliance with this subsection (4)
shall not delay or cause the denial of an ADU or JADU building permit or use
permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
(2) The unit shall not be sold separately from the primary residence except as
allowed under Government Code Section 66341 and PAMC 21.09.
(3) Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
(4) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
as an alternative means of compliance with generally applicable fire
protection requirements.
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(5) An applicant that seeks to appeal the City’s determination of completeness
or denial of a permit for an ADU must submit their appeal in writing to the
City identifying the reasons for their appeal and pay the accompanied appeal
fee, as set forth in the adopted municipal fee schedule. Appeals for these
applications shall follow the procedures for appeal under PAMC 18.77.075
except that the appeal shall be placed on Council’s Consent Agenda within 45
days of filing a timely appeal. Any decision from the Council, either on
consent or through an agendized item, is final.
18.09.050 Additional Requirements for JADUs
(a) A JADU may be created on a lot in a single-family residential zone with an existing or
proposed single family residence. A JADU shall be attached to or created within the
walls of an existing or proposed primary dwelling, including enclosed uses within the
residence, such as an attached garage.
(b) The JADU shall include an efficiency kitchen, requiring the following components: A
cooking facility with appliances, and; food preparation counter and storage cabinets
that are of reasonable size in relation to the size of the JADUjunior accessory dwelling
unit.
i.JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with
the primary unit. If a permitted JADU does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main
living area. In this instance, the floor area and lot coverage associated with
shared space shall count towards the primary unit’s maximum allowances
only. The combined sanitation facilities between the units shall include
shower, toilet, and sink fixtures at a minimum and shall conform to the
minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the
purposes of providing service for water, sewer, or power, a JADU shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a JADU shall occupy as a primary residence either
the primary dwelling or the JADU. Owner-occupancy is not required if the owner is a
governmental agency, land trust, or housing organization or if the required bathroom
for the JADU is provided in the unit, rather than inside the primary home.
(e) Prior to the issuance of a building permit for a JADU, the owner shall record a deed
restriction in a form approved by the city that includes a prohibition on the sale of the
junior accessory dwelling unit separate from the sale of the single-family residence,
identifies that if the unit is rented it shall be rented for no shorter term than 30 days,
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isrequires owner-occupancy consistent with subsection (d) above, and restricts the size
and attributes of the JADU to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded bonus
square footage equal to the square footage of a proposed JADU when a JADU is
constructed on site, provided the JADU meets the following requirements:
1) The JADU must conform to the underlying zoning district’s development
standards for single family homes.
2) The maximum number of units on site shall not exceed fivefour (threetwo
ADUs, one JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under
Section 18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the
entrance to the primary home.
6) All egress windows which face an adjacent residential property must utilize
obscureopaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have
a windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the
noise regulations in PAMC 9.10.
9) When a single-family dwelling unit is permitted simultaneously with the
construction of new JADU using these provisions, the primary unit’s covered
parking requirements do not need to be provided. Instead, two uncovered
parking spaces shall be provided in any configuration on the lot including
within the front or street-side setback for the property.
SECTION 3. Subsection (g) of Section 16.58.030 (Exemptions) of Chapter 16.58 (Development
Impact Fees) of Title 16 (Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined and deletions struck-through):
(g) Accessory dwelling units (ADU) less than 750 square feet in size of interior livable
space. Any impact fees to be charged for an accessory dwelling unit of 750 square
feet of interior livable space or more shall be proportional to the square footage of
the primary dwelling unit;
SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. 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
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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 6. 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), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. 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.
SECTION 7. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
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Ordinance No. _____
SECTION 1. Findings and Declarations.
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SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of
Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined and deletions struck-through):
18.09.010 Purpose
18.09.020 Applicable Zoning Districts
18.09.030 Units Exempt from Generally Applicable Local Regulations
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iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to eight detached ADUs on a lot with an existing multi-family dwelling,
provided that the number of ADUs does not exceed the number of existing
units on the lot.
vi. Up to two detached ADUs on a lot with a proposed multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 66323
Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached ADU
and/or JADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached(4)
ADU on a site
with Existing
Multi-family
Structure
Conversion or
Construction of
Detached(4) ADU
on a site with
Proposed Multi-
family Structure
Number
of Units
Allowed
1 Attached ADU, 1 Detached ADU, and 1 JADU
25% of the
existing units
(at least one)
Up to 8 (not to
exceed the
number of
existing units
on the lot)
2
Minimum
size(1)150 sf
Maximum
size(1)N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
4 feet from
side and rear
lot lines;
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3)N/A
Underlying
zone standard
for Single
Family Home
(ADU must be
within
allowable space
of Single-Family
Home)
16(5)N/A 16(5)(6)
Parking None
State Law 66323(a)(1)66323(a)(1)66323(a)(2)66323(a)(3)66323(a)(4)
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Reference
(1)Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(2)The maximum size of a JADU is 500 square feet. See PAMC 18.09.030(h) for additional
information.
(3)Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4)Units must be detached from primary dwellings but may be attached to each other.
(5)A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6)A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section. When there is an ADU or JADU
attached to an existing or proposed primary dwelling, the shared wall between
these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and
Maximum House Size of the primary unit. For a single-family home, this
measurement shall be taken to the outside stud wall in accordance with Section
18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to
the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B)
and (C).
(d) For ADUs and JADUs only, the allowable square footages noted in Table 1 and this
section for these units shall be based on the interior livable space for the purposes
of FAR, lot coverage, and maximum house size. The exterior walls not counted
towards interior livable space for these units will not count against the property’s
FAR, lot coverage, or maximum house size requirements.
(e) The establishment of ADUsaccessory dwelling units and JADUsjunior accessory
dwelling units pursuant to this section shall not be conditioned on the correction of
non-conforming zoning conditions; provided, however, that nothing in this section
shall limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety. Upon request of the owner for a delay in
enforcement, the Chief Building Official shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety
Code.
(f)The installation of fire sprinklers shall not be required in an ADUaccessory dwelling
unit if sprinklers are not required for the primary residence. The construction of an
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ADUaccessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling. Nothing in this section shall preclude the
Fire Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(g) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(h) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance). If a permitted JADU does not include a separate bathroom,
the permitted JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.
(i)Conversion of existing living area or an existing accessory structure pursuant to
Government Code section 66314(d)(7) may include reconstruction in-place of a non-
conforming structure, so long as the renovation or reconstruction does not increase
the degree of non-compliance, such as increased height, envelope, or further
intrusion into required setbacks. An expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure may be
provided to accommodate ingress and egress. Any addition to the existing accessory
structure that is not limited to providing for ingress and egress to the unit, and that
exceeds the envelope of the existing accessory structure shall be subject to Section
18.09.040.
(j) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(k) The unit shall not be sold separately from the primary residence, except as allowed
under Government Code Section 66341.
(l) Replacement parking is not required when an off-street parking space is converted
to, or demolished in conjunction with the construction of, an ADU or JADU.
(m)JADUs shall comply with the requirements of Section 18.09.050.
(n) An applicant that seeks to appeal the City’s determination of completeness or denial
of a permit for an ADU must submit their appeal in writing to the City identifying the
reasons for their appeal and pay the accompanied appeal fee, as set forth in the
adopted municipal fee schedule. Appeals for these applications shall follow the
procedures for appeal under PAMC 18.77.075 except that the appeal shall be placed
on Council’s Consent Agenda within 45 days of filing a timely appeal. Any decision
from the Council, either on consent or through an agendized item, is final.Commented [GS5]: SB 543
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18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs that do not qualify for approval
under section 18.09.030 and for which the City may impose local standards pursuant
to Government Code section 66314. Nothing in this section shall be interpreted to
prohibit an ADU of up to 800 square feet, at the heights stated in Table 2, with a
four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU unless the envelope of the building is proposed to be modified beyond any
existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached
Number of Units Allowed1 1
Minimum size 150 sf
Maximum size 1,200900 sf (1,000 sf
for two or more
bedrooms required to
exceed 1,000 sf);
no more than 50% of
the size of the single-
family home
1,200900 sf (1,000 sf for
two or more bedrooms
required to exceed 1,000
sf)
Setbacks 4 feet from side and rear lot lines;
Daylight Plane Underlying zone
standard per footnote
(7)
N/A
Maximum Height3
Res. Estate (RE)30 feet
Open Space (OS)25 feet
All other eligible zones 16 feet(5)(6)(7)
Parking None
Square Footage Exemption when in
conjunction with a single family
home(4)
Up to 800 sf
(1) An attached andor detached ADU may be built in conjunction with the allowable units
prescribed under Table 1 and PAMC 18.09.050(f)a JADU on a lot with an existing or proposed
single family home. One attached or detached ADU may be built in conjunction with the
allowable units prescribed under Table 1 on an existing or proposed multifamily building.
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(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface
is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary
dwelling.
(4) Lots with both an attached and detached ADU may exempt a maximum combined total of 800
square feet of both ADUs from FAR, Lot Coverage, and Maximum House Size calculations. Any
square footage that exceeds this exemption shall contribute to the FAR, Lot Coverage, and (if
attached) Maximum House Size calculations for the subject property. This exemption is not
afforded to lots with existing or proposed multifamily dwellings.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or
multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch
on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These
ADUs shall not exceed two stories in height.
(c) A single-family or multifamily dwelling shall exist on the lot or shall be constructed
on the lot in conjunction with the construction of an ADU.
(d) Interior livable space for ADU square footage shall not be included in FAR, Lot
Coverage, and Maximum House Size calculations for a lot with an existing or
proposed single family home, up to the amounts stated in Table 2. ADU sSquare
footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot
Coverage, and Maximum House Size calculations for the lot.
(e) When there is an ADU attached to an existing or proposed primary dwelling, the
shared wall between these units shall contribute to the maximum allowable Floor
Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-family
home, this measurement shall be taken to the outside stud wall in accordance with
Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be
taken to the outside surface of exterior walls in accordance with Section
18.04.030(a)(65)(B) and (C).
(f) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Attached units shall not have an interior access point to the
primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(g) For ADUs only, the allowable square footages noted in Table 2 and this section for
these units shall be based on the interior livable space for the purposes of FAR, lot
coverage, and maximum house size. The exterior walls not counted towards interior
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livable space for these units will not count against the property’s FAR, lot coverage, or
maximum house size requirements.Reserved
(h) For properties listed in the California Register of Historical Resources compliance
with the appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(i) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment that exclusively serves an ADU may be located anywhere on the
site, provided they maintain the underlying front yard setback requirements of the
property and, if the property is a corner lot, a 10-foot street-side setback. All such
equipment shall be insulated and housed, except that the Director may permit
installation without housing and insulation, provided that a combination of technical
noise specifications, location of equipment, and/or other screening or buffering will
assure compliance with the city’s Noise Ordinance at the nearest property line. All
service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the
Municipal Code.
(j) Setbacks
(1) Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
(2) A basement or other subterranean portion that serves an ADU may encroach
into a setback required for the primary dwelling provided the following
conditions are met:
(A) Newly constructed basement walls are no closer than four feet to an
adjacent interior side or rear property line.
(B) A new lightwell associated with a basement shall not be placed closer
than four feet to an adjacent interior property line. When visible from
the right of way, these facilities shall be screened from view with
vegetation.
(C) Habitable ADU basements shall contribute toward the unit’s total
allowable floor area. Any floor area in excess of the exemptions
provided in this Section shall contribute to the total allowable limits
for the site.
(3) Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(4) For corner lots developed as a single-family home, when an existing or
proposed primary dwelling unit is expanded or constructed simultaneously
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with the construction of a new ADU, the homeowner may elect to build all structures to
a 10-foot street-side setback and a 16-foot front yard setback, regardless of the
presence of a more restrictive special setback, unless a fire or life-safety regulation
requires a greater setback. Pursuant Government Code section 66321(b)(3), a street-
side setback may not preclude the development of an 800 square foot unit.
(5) When an existing, legal, nonconforming structure is converted or
reconstructed to create an ADU, any portion of the ADU that is in the same
location and falls within the building envelope of the original structure shall
not be subject to the development standards stated in this Section. Any
portion of the ADU that is in a different location or exceeds the envelope of
the original structure shall comply with the development standards stated in
this Section.
(6) Notwithstanding the development standards stated in Table 2 and paragraph
(5) above, when an existing, legal, non-conforming structure is converted in-
place to an ADU, the envelope of the structure may be modified to encroach
further into a setback or daylight plane as follows:
(A) The height of the existing structure may be increased by no more
than one linear foot in height commensurate to the existing roofline
of the structure provided the height of the addition does not exceed
12 feet from grade. The roofline shall not be changed to a style other
than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six
inches in thickness based on its existing location and configuration, as
measured to exterior surface of the material, to provide for greater
insulation and energy requirements provided that a minimum of one
foot is maintained between the addition and an adjacent interior
property line. An existing wall of a structure that does not currently
have a separation of one foot from a parallel property line shall not
be expanded outward.
(C) All other additions not specified here shall follow the standard
setbacks for the ADU identified in Table 2.
(k) Design
(1) Except on corner lots, where feasible, ADUsthe unit shall not have an
entranceway facing the same lot line (property line) as the entranceway to
the main dwelling unit unless the entranceway to the ADUaccessory unit is
located in the rear half of the lot. Exterior staircases to second floor units
shall be located toward the interior side or rear yard of the property.
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(2) Privacy
(A) Second story doors and decks shall not face a neighboring property
line. Second story decks and balconies shall utilize screening barriers
to prevent views towards an adjacent interior property line. These
barriers shall be a minimum five-foot, six-inch height from the floor
level of the deck or balcony and shall not include perforations of any
kind that would allow visibility between properties.
(B) Windows on a second floor, loft, or equivalent elevated space,
excluding those required for egress, shall have a five-foot sill height as
measured from the second-finished floor level, or utilize
obscuredopaque glazing on the entirety any window that faces an
adjacent interior property line.
(C) Windows on a second finished floor, loft, or equivalent elevated
space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor
of an ADU shall not face towards an adjacent interior property line. If
this is not feasible, then these windows shall utilize obscuredopaque
glazing on the whole window.
(E) If the first finished floor of an ADU is two feet or more above grade,
then first floor windows shall include the following:
i. Non-egress, operable windows facing an adjacent interior
property line shall have a windowsill(s) that start five feet
above the first finished floor for the unit;
ii. Non-egress, non-operable windows facing an adjacent interior
property line shall have the lower half of window(s) (minimum
of five feet above the first finished floor) utilize
obscuredopaque glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall
be used in lieu of operable windows that face adjacent interior
properties.
(G) No exterior lighting shall be mounted above seven feet. All lighting
mounted on walls shall be directed downwards and shall not direct
light towards adjacent interior property lines. Any ground lighting
shall not direct light upwards to the building or sky.
(l) Parking
(1) Replacement parking is not required when a garage, carport, covered parking
structure, or uncovered parking space is converted to, or demolished in
conjunction with the construction of, an ADU.
(2) When parking is provided, the unit shall have street access from a driveway in
common with the main residence in order to prevent new curb cuts,
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excessive paving, and elimination of street trees, unless separate driveway
access will result in fewer environmental impacts such as paving, grading or
tree removal.
(3) When a single-family dwelling unit is permitted simultaneously with the
construction of new ADU, the primary unit’s covered parking requirements
identified in Chapter 18.10 and 18.12 do not need to be provided. Two
uncovered parking spaces shall be provided in any configuration on the lot
including within the front or street-side setback for the property.
(4) If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the ADUaccessory dwelling unit is 220 square feet.
This space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit. Any attached garage shall not
have an interior access point to the ADU (e.g. hotel door or other similar
feature/appurtenance).
(m) Landscape
(1) For the purposes of this subsection (m), “protected tree” means:
(A) Any locally native tree of the species Acer macrophyllum (Bigleaf
Maple), Calocedrus decurrens (California Incense Cedar), Quercus
agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus
kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in
circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade.
(B) Any Coast Redwood tree (species Sequoia sempervirens) that is
eighteen inches in diameter (fifty-seven inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade.
(C) Any tree of any species, other than a Coast Redwood Tree, fifteen
inches in diameter (forty-seven inches in circumference) or more
when measured four and one-half feet (fifty-four inches) above
natural grade. A “protected tree” does not include a tree of any
species on the Exempt Species List put forth by the Department of
Urban Forestry and available on the City’s website.
(D) Any tree designated for protection during review and approval of a
current or previously completed development project.
(E) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement
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between the property owner and a responsible government agency or recorded as a
deed restriction.
(F) Any heritage tree previously designated by the city council.
(G) Any tree previously planted as a replacement mitigation tree.
(2) Except as provided in subsection (3) below, the construction of an ADU shall
not impact any protected tree, on the subject property or any adjacent lot by
requiring:
(A) Removal of more than twenty-five percent of the functioning leaf,
stem, or root area of a tree in any twenty-four-month period; or
(B) Removal of more than fifteen percent of the functioning root area of
any Quercus (oak) species in any thirty-six-month period; or
(C) Trenching, excavating, altering the grade, or paving within the tree
protection zone of a tree in a way that foreseeably leads to the death
of the tree. For the purposes of this subsection (m), "tree protection
zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-
four inches) above natural grade.
(3)If an action prohibited by section 18.09.040(m)(2) is necessary to allow the
construction of an ADU that meets the minimum standards set forth in state
law, the tree shall be replaced according to the objective requirements
identified in the Tree Canopy Replacement Table of the Palo Alto Tree and
Landscape Technical Manual.
(4) The construction of an ADU must comply with applicable objective standards
and specifications in the Tree and Landscape Technical Manual for the
protection of trees during construction. Compliance with this subsection (4)
shall not delay or cause the denial of an ADU or JADU building permit or use
permit.
(n) Miscellaneous requirements
(1) Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
(2) The unit shall not be sold separately from the primary residence except as
allowed under Government Code Section 66341 and PAMC 21.09.
(3) Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
(4) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
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as an alternative means of compliance with generally applicable fire
protection requirements.
(5) An applicant that seeks to appeal the City’s determination of completeness
or denial of a permit for an ADU must submit their appeal in writing to the
City identifying the reasons for their appeal and pay the accompanied appeal
fee, as set forth in the adopted municipal fee schedule. Appeals for these
applications shall follow the procedures for appeal under PAMC 18.77.075
except that the appeal shall be placed on Council’s Consent Agenda within 45
days of filing a timely appeal. Any decision from the Council, either on
consent or through an agendized item, is final.
18.09.050 Additional Requirements for JADUs
(a) A JADU may be created on a lot in a single-family residential zone with an existing or
proposed single family residence. A JADU shall be attached to or created within the
walls of an existing or proposed primary dwelling, including enclosed uses within the
residence, such as an attached garage.
(b) The JADU shall include an efficiency kitchen, requiring the following components: A
cooking facility with appliances, and; food preparation counter and storage cabinets
that are of reasonable size in relation to the size of the JADUjunior accessory dwelling
unit.
i.JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with
the primary unit. If a permitted JADU does not include a separate bathroom,
the permitted junior accessory dwelling unit shall include a separate entrance
from the main entrance to the structure, with an interior entry to the main
living area. In this instance, the floor area and lot coverage associated with
shared space shall count towards the primary unit’s maximum allowances
only. The combined sanitation facilities between the units shall include
shower, toilet, and sink fixtures at a minimum and shall conform to the
minimum requirements specified in the Building Code.
(c) For the purposes of any fire or life protection ordinance or regulation or for the
purposes of providing service for water, sewer, or power, a JADU shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a JADU shall occupy as a primary residence either
the primary dwelling or the JADU. Owner-occupancy is not required if the owner is a
governmental agency, land trust, or housing organization or if the required bathroom
for the JADU is provided in the unit, rather than inside the primary home.
(e) Prior to the issuance of a building permit for a JADU, the owner shall record a deed
restriction in a form approved by the city that includes a prohibition on the sale of the
Commented [GS11]: SB 543
Commented [GS12]: AB 1154
*NOT YET APPROVED*
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junior accessory dwelling unit separate from the sale of the single-family residence,
identifies that if the unit is rented it shall be rented for no shorter term than 30 days,
isrequires owner-occupancy consistent with subsection (d) above, and restricts the size
and attributes of the JADU to those that conform with this section.
(f) JADU incentive. The existing or proposed primary dwelling unit shall be afforded bonus
square footage equal to the square footage of a proposed JADU when a JADU is
constructed on site, provided the JADU meets the following requirements:
1) The JADU must conform to the underlying zoning district’s development
standards for single family homes.
2) The maximum number of units on site shall not exceed fivefour (threetwo
ADUs, one JADU, and one primary home).
3) The maximum size of the JADU shall not exceed 500 square feet.
4) The total maximum bonus/exempt floor area provided for the site under
Section 18.09.040 and 18.09.050 may not exceed 800 square feet.
5) The exterior entryway to the JADU shall not face the same direction as the
entrance to the primary home.
6) All egress windows which face an adjacent residential property must utilize
obscureopaque glazing on the whole window.
7) All non-egress windows which face an adjacent residential property must have
a windowsill(s) that start five feet above the first finished floor for the unit.
8) All noise producing equipment associated with the JADU must comply with the
noise regulations in PAMC 9.10.
9) When a single-family dwelling unit is permitted simultaneously with the
construction of new JADU using these provisions, the primary unit’s covered
parking requirements do not need to be provided. Instead, two uncovered
parking spaces shall be provided in any configuration on the lot including
within the front or street-side setback for the property.
SECTION 3. Subsection (g) of Section 16.58.030 (Exemptions) of Chapter 16.58 (Development
Impact Fees) of Title 16 (Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read
as follows (additions underlined and deletions struck-through):
(g) Accessory dwelling units (ADU) less than 750 square feet in size of interior livable
space. Any impact fees to be charged for an accessory dwelling unit of 750 square
feet of interior livable space or more shall be proportional to the square footage of
the primary dwelling unit;
SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. 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
Commented [GS13]: AB 1154
Commented [GS14]: SB 543
Commented [GS15]: Staff clarification to incentivize use
of this provision. Mirrored in 18.09.040(l)(3).
Commented [GS16]: SB 543
*NOT YET APPROVED*
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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 6. 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), because it constitutes
amendments to the City’s zoning ordinance to conform with preemptive State law, including
Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of
Chapter 13 of Division 1 of Title 7 of, the Government Code, as well as other minor and non-
substantive amendments. 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.
SECTION 7. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
From:Pamela Mayerfeld
To:Council, City
Subject:Please don’t allow ADUs to get even bigger in Palo Alto
Date:Saturday, August 15, 2026 5:04:30 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments
and clicking on links.
Dear City Council,
Some of the ADU‘s which are already being built in Palo Alto are huge monstrosities. Take a look at this
one in our neighborhood which was recently installed (it was dropped into the property vs being built
here). It encroaches horribly on the next-door neighbor and the light in their house. I can’t imagine what
this homeowner would’ve installed if they would have been allowed an even larger structure. I’m not
against ADUs in principle, but please have some consideration of the character of Palo Alto (and why
we chose to live here) when allowing them.
Thank you,
Pam Mayerfeld
Sent from my iPhone
From:slevy@ccsce.com
To:Council, City; Lait, Jonathan
Subject:Item 6 ADUs
Date:Sunday, August 16, 2026 11:54:48 AM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Dear Mayor Veenker and council members,
I see the following benefits and expanded opportunities from the approval of larger ADUs
combined with the opportunity to own and sell the units.
The major benefit and expanded opportunity is the ability to develop starter homes that are
more affordable than the SFHs in Palo Alto and also more affordable than the townhomes
recently approved.
It is only a starter home if you can own it.
The city has a strong goal of making new housing affordable to new and younger families,
which passage of attachment 1 and attachment 3 allows.
There is a benefit of undetermined magnitude to allow older homeowners to downsize while
they remain in the community and maintain an ownership stake.
There is a benefit to SFH owners to develop an ADU that can be sole and bring in immediate
cash.
The ability to sell/own the ADU will reduce the financing costs (and cost) to the SFH owner
to build and the new owner to buy.
To further reduce costs and a barrier to achieving the numerous benefits, impact fees on
the larger units should be eliminated. Impact fees are being reduced in other cities to
increase affordability by reducing costs.
The way to deal with possible unintended consequences of the new ADU ordinances i NOT
by waiting to see what happens in other cities but rather by writing strict and
enforceable standards into the ordinances while not interfering with the numerous
benefits.
Stephen Levy
From:Jeremy Levine
To:Council, City; Lait, Jonathan; Frick, Coleman; Armer, Jennifer
Cc:Scottoneil; Jkelley; Steve Levy; Bryan Baker; Rika Yamamoto; Allan Feldman
Subject:Public Comment: Agenda Item 6, promoting ADU starter homes in Palo Alto
Date:Sunday, August 16, 2026 3:21:07 PM
Attachments:2026.8.16 Public Comment Agenda Item 6 Promoting ADU Starter Homes.pdf
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!
Good afternoon Palo Alto City Council (and staff!),
On behalf of Palo Alto Forward, please see the attached comment regarding the city's
updated ADU ordinance and proposed draft language for separate conveyance of
ADUs, or "starter home ADUs." We support the council and staffs' efforts to promote
lower-cost home ownership options in Palo Alto.
Thank you for your consideration,
Jeremy
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Mark Safe Report
August 16, 2026
Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
RE: Agenda Item 6, ADU ordinance update and 21st century starter homes in Palo Alto
Dear Mayor Veenker, Vice Mayor Stone, and Members of the Palo Alto City Council,
Palo Alto Forward supports policies to further housing affordability and multi-mobility
accessibility in Palo Alto. ADUs have formed an essential part of the City's housing strategy,
consistently resulting in the permitting of more than 100 ADUs annually—even higher than the
64 ADUs projected in Palo Alto's housing element.
ADUs can become 21st century starter homes in Palo Alto, increasing our community’s
economic diversity. With appropriate reforms, ADUs will allow more young families to join our
community and more children to attend Palo Alto’s extraordinary schools; create space for
multi-generational households; and enable longtime community members to “downsize in
place,” thereby freeing up primary dwellings for new families.
To further promote ADUs as 21st century starter homes, Palo Alto Forward supports the
following policies:
● Amend and adopt staff report attachment C, allowing ADU-condo homes to be
sold separately from the main house, using a clean AB 1033 approach rather than
a costly and expensive SB 9-inspired approach. City Staff’s proposed ordinance adds
unnecessary complications, introducing additional costs and delays that will make ADU
homeownership far more expensive. We strongly recommend that the City Council
instead:
○ Ask City Staff, and especially the City Attorney, to identify all of the specific
sections of attachment C that are not mandated by AB 1033 (see Gov. C. §
66342), some of which should be deleted. Broadly, our principle is that the city’s
ordinance will most effectively promote ADU homeownership by implementing
what is required by state statute without additional bells and whistles. See our
appendix for more exploration of unclear requirements in the draft ordinance.
○ Delete the requirement that applicants seeking to create ADU-condo homes
notify homeowners within 600 feet. That's a big and expensive mailer, the cost of
which will be passed along to applicants. Furthermore, staff will approve
applications for ADU-condo homes ministerially, so notification requirements
don’t provide any meaningful information to neighbors and simply waste money.
1
○ Amend Section 21.09.030(m), which gives the Planning Director discretion to set
fees for applications for parcel maps for ADU-condo homes. This creates a
subjective, unpredictable, and possibly burdensome fee structure. Palo Alto
Forward prefers a predictable and straightforward fee structure.
● Allow 1,400 or preferably 1,600 square foot ADUs in the updated ADU ordinance.
While the PTC correctly recommended increasing the maximum size of ADUs in Palo
Alto, a 1,200-square-foot limit is insufficient for family-sized 21st century starter homes.
Homeowners who have lived for decades in 2,500 sf, 3,000 sf, or larger homes will find it
difficult to “downsize in place” even to 1,200 sf ADUs. To create ADUs that are large
enough both for small families and downsizing older adults—ADUs that can
accommodate 3 bedrooms, 2 bathrooms, living rooms, and reasonable kitchens—a
1,400 square feet would be a minimum.
● Waive all impact fees on ADUs; or at least end the ADU fee cliff. Palo Alto charges
no impact fees on scrapes, single-family home teardowns that might change an 1,800
square foot single-family home to a 4,000 square foot one. ADUs should have the same
benefits. While Palo Alto Forward prefers a 100% waiver of impact and building fees for
ADUs, we would support a compromise proposal that means ADUs start paying impact
fees exclusively on project square footage above 750 square feet.1 Right now, ADUs
smaller than 750 square feet pay no impact fees; an ADU 750 square feet or larger pays
impact fees calculated on its entire square footage. As a result, a homeowner building
an ADU might go from paying $0 dollars in impact fees on a 749 square foot ADU
to—depending on the size of the main house—paying $13,987.50 in parks impact fees
alone on a 750 square foot ADU, or $22,380 on a 1,200 square foot ADU. And that’s just
one single fee among many. At most, ADUs should pay impact fees on the marginal
square footage above 750 square feet.
Treating ADUs as 21st century starter homes — including simple and less expensive
ADU-condo procedures — can advance housing affordability in Palo Alto. In San Jose, the first
“ADU-condo-home” recently sold for $530,000 — less than 40% of the median home price. We
expect significant uptake of ADU-condo homes — which have only been allowed under state
law in the last two years — as more and more cities embrace ADUs as 21st century starter
homes. Additional study or delay will not affect the merits of the policy; ADU starter homes
complement other policies that promote ADUs.
Thus far, the success of ADUs in Palo Alto has hinged almost entirely on state laws streamlining
ADU production, creating clear standards for building ADUs, and removing fees on smaller
ADUs. We hope Palo Alto will continue building on this success with local prerogatives to
increase allowable ADU size, promote ADU-condo homes, and eliminate burdensome and
unfair fees.
1 SB 1117, a proposed state law likely to pass this year, would also remove the fee cliff by limiting the
impact fees cities charge on larger ADUs to the marginal square footage above 750 square feet. We
strongly prefer waiving fees entirely, as the city would recoup "lost" revenue through increased property
tax revenue generated by more ADUs being built in the first place bringing taxpayers.
2
Thank you for your consideration,
Jeremy Levine
Executive Director, Palo Alto Forward
John Kelley
3
Appendix:
Additional Notes on ADU Condo Ordinance Attachment C
Several sections of Palo Alto’s proposed ADU condo ordinance appear to have been copied and
pasted from San Jose’s ordinance. These sections often (1) create unnecessary uncertainty or
ambiguity or (2) contain language that may not apply to Palo Alto or further the ultimate purpose
of promoting lower-cost ADU homeownership. Relevant sections include:
● Section 21.09.010 refers to “objective local development standards for condominium
subdivisions…” without specifying the portion(s) of the Palo Alto Municipal Code to which
such reference is being made.
○ Cf. Gov. C. § 66342(b), “The condominiums shall be created in conformance with
all applicable objective requirements of the Subdivision Map Act (Division 2
(commencing with Section 66410)) and all objective requirements of a local
subdivision ordinance.” (Emphasis added.)
● Section 21.09.030(b) creates ambiguity regarding which ADUs can be made into
ADU-condo homes. The section appears to require that all structures and buildings on a
proposed ADU-condo parcel comply with “the building and zoning requirements
applicable to the zoning district….” One apparent problem, among others, is that there
are different requirements that apply to primary dwellings as opposed to ADUs, and even
different requirements that apply to some ADUs and not others. Consequently, such
overly broad language risks restricting the ability of almost all ADUs built using state
ADU law (the vast majority of ADUs built in Palo Alto) to be converted into condos. (For
example, does this proposed language mean that an ADU built in compliance with state
law (e.g. Gov. C. Section 66323) in an R-1 property’s rear setback may not become an
ADU-condo home?) Palo Alto Forward would appreciate clarity regarding why this
section exists in the proposed ordinance and whether it serves any meaningful purpose.
● Section 21.09.030(e) imposes several requirements for a “home or property owners’
association” (HOA) to be created for any new ADU-condo home, including specific
provisions concerning “administration, management and maintenance of all common
areas including landscaping, drive aisles and parking areas, maintenance of the exterior
of all buildings, pool or common roof, the collection of dues, payment of public utilities
not billed separately to each unit, and enforcement of standards within the project.”
Complex topics in HOAs suitable for large, multi-family projects may not make sense for
“one-main-house-one-ADU-condo-home” HOAs. HOAs are also private agreements; the
City need not predetermine the agreement between the actual homeowners.
● Section 21.09.030(f)(1) requires city approval of any changes to CC&Rs recorded
between a primary dwelling and any ADU-condo home. CC&Rs are private agreements
between owners in a condo association; the city need not involve itself in changes to
such agreements among private homeowners.
● Section 21.09.030(j)(2) requires that applicants provide information regarding “scenic
trees” as part of any application. Palo Alto does not appear to have a clear definition of
“scenic trees” in its municipal code; this language should be amended to reflect trees
actually described in Palo Alto’s code.
4
From:Amie Ashton
To:Council, City
Subject:Support for ADUs
Date:Monday, August 17, 2026 12:28:11 AM
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Honorable Council,
As someone who was able to enter the property market 20 years ago ONLY as a result of an
initial investment in a small condo, I very much support new opportunities for new
homeowners (and renters) in our community.
I support ordinance changes to make ADUs independently sellable, more affordable, larger,
and faster to build. Why?
- They can provide ownership opportunities for a similar price as a condo.
- They provide opportunities for intergenerational families to live together but in their own
spaces.
- They can provide emergency and temporary housing for friends and family members who
desperately need it.
- They provide needed missing-middle housing opportunities with gentle density. As we all
know, the real estate market is not currently providing ownership condos due to a host of
reasons, but for-sale ADUs are incredible solution to this embedded problem.
- They allow homeowners to diversify a weighted property investment without selling, allow
older adults to age in place, and provide young families a path to ownership in our community.
I am aware that no one solution is going to solve our housing crisis, especially given the low
number of ADUs built annually in Palo Alto. We need 100 solutions - and I truly believe this
could be a very important one.
Thank you,
Amie Ashton
ADU Ordinance UpdateCity Council August 17, 2026
2
Background and Purpose
•Discuss State Law Changes for ADU/JADUs
•Consideration of draft ordinance tonight;
•Discuss Staff Recommendation/Next Steps from
Council feedback
3
State Law Changes
•Assembly Bill 1154
•JADU short-term rental not allowed
•Owner occupancy changes
•Senate Bill (SB) 9
•60-day timeline to submit adopted ordinance
•30-day timeline to respond to HCD comments
•Null and Void if missed
•SB 543
•“Interior living space” for calculating FAR/lot coverage, fees
•Create appeal process for ADU/JADU applications
•Allows four total second units (three ADU, one JADU)
•Shortens review timelines 30 days -> 15 days
4
Interior Living Space Calculation
Current: Exterior Stud Wall New: Interior Wall Face*
*Proposed Ordinance: Excludes ADU/JADU exterior walls from site FAR/lot coverage
5
Unit Allowance
Previous State law allowances (Table 1):
•For Single Family:
•1 converted ADU* (attached or detached) and 1
detached ADU
•1 JADU
•For Multi-Family:
•2 detached ADUs with proposed multi-family
structure*
•Up to 8 detached ADUs or existing number of
units on site, whichever is less*
•Up to 25% of attached units through conversion*
New State law allowances:
•For Single Family:
•1 attached ADU*, 1 detached ADU, 1 converted
ADU* (attached or detached)
•1 attached JADU
•For Multi-Family: Unchanged
*No maximum size for these types of units
6
ADU/JADU Appeal Process
1.Staff reviews and provides list of missing items (incomplete) and
how they can be remedied; or City denies application
2.Applicant appeals staff incompleteness/denial decision – starts 60-
day timeframe to provide final written determination
a)Applicant must submit appeal form with written reasons for
appeal and pay appeal fee ($618/application – FY 25/26)
3.Appeal, w/ accompanying staff report and attachments, will be
placed on Council Consent w/in 45 days
a)Any pulled item must be addressed w/in 60-days from when
original appeal was submitted
7
Consider Increasing Max Size to 1,200 SF
Local Regulations allow:
1.Up to 1,000 sf ADU w/ minimum two-bedroom unit
2.Proposed ordinance will increase to 1,200 sf w/ minimum
two-bedroom unit
City Data:
1.950 applications since 2020
a)Three projects exceed 1,000 sf (conversion). No clear
indication that there is a trend toward largest unit size
possible
8
Consider Separate Sale of ADUs
•Separate sale for ADUs are currently allowed when
developed by qualifying non -profit (2024)
•Cities can extend this allowance voluntarily (so far,
roughly 10 CA jurisdictions have done this)
•Early adopters (e.g. San Jose, Santa Cruz, Martinez)
have not seen many applications
a)San Jose has approved two and are reviewing
two more
b)Barriers noted by these jurisdictions are:
i.Requirements for lien-owner consent
ii.Application fees/process
9
Consider Separate Sale of ADUs (Cont.)
•If adopted, draft ordinance allows three ADUs to be sold
separately from the primary home and be processed ministerially
– like SB 9 applications
a)JADUs cannot be sold separately
b)As an opt-in program, the City can apply additional objective
requirements:
i.Require a hearing process (discretionary review)
ii.Require units be used only for residential purposes (e.g.
no daycare or other commercial use)
iii.Require units be deed restricted to certain AMI
categories
iv.Allow less ADUs to be sold separately
c)PTC recommends staff return with more regional
information when available; recommends no action at this
time
10
Corrects two errors related to the front yard
setback:
•Deletes text that was inadvertently
added and not part of the existing or
proposed ordinance (Single Family)
•Deletes existing code language and
reference to compliance with front yard
setback, which is impermissible under
State law (Multi-Family)
Supplemental Memo
11
•Recommend approval of the draft ordinance provided in the Supplemental Report
•Provide direction to staff regarding the sale of ADUs and other J/ADU related
policies
Recommended Motion and Next Steps
11
Garrett Sauls
Principal Planner
Garrett.Sauls@PaloAlto.gov
650-329-2471
Additional Diagrams for FAR/Lot Coverage Calculation
Current: Exterior Stud Wall Local Architect Preference: Exclude Interior Walls
•Since 2020:
1.950 ADU applications submitted
2.Average of 106 permits issued per year since 2020
3.Between 2020-2022, 145 ADU/JADUs received final inspection
4.Between 2023-present, 387 ADU/JADUs received final inspection
5.7 expired permits
6.ADU Dashboard Information on Housing Webpage:
https://www.paloalto.gov/City -Hall/Housing
7.ADU Pre-Approval Webpage:
https://www.paloalto.gov/Departments/Planning-Development-
Services/Accessory-Dwelling-Units
ADU Data