Palo Alto ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Palo-Alto-05-23-2017.pdf

Ordinance No. 5412

Ordinance of the Council of the City of Palo Alto Amending Chapter 18 (Zoning) of the Palo Alto Municipal Code to Implement New State Law Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and to Reorganize and Update City Existing Regulations

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

  1. Housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and the monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability.
  1. Despite a high median income in Palo Alto, nearly 30 percent of all households overpaid for their housing (more than 30 percent of their income) in 2010.
  2. It is estimated that 63 percent of extremely low income renter households and 75 percent of extremely low income owner households overpaid for housing in 2010. Of the estimated 1,520 low income households, 75 percent of renter households and 44 percent of homeowner households paid more than 30 percent of their income for housing.
  1. The Palo Alto City Council, recognizing the severity of the regional housing crisis, requested that the Planning and Transportation Commission review constraints affecting the production of second (accessory) dwelling units and recommend modifications to the City development standards.

While existing law enables accessory dwellings as a source of housing, recent studies show that local standards like P unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set­backs, off­street parking, or costly construction requirements.

  1. In September 2016, Governor Brown signed into law Senate Bill 1069, Assembly Bill 2299 and Assembly Bill 2406 relating to the creation of accessory dwelling units (ADUs) and junior accessory dwelling units.
  1. These new bills were intended to address the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards.
  2. This ordinance is adopted to comply with these new State mandates regarding ADUs and junior accessory dwelling units, and to reduce regulatory constraints affecting their production.

SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) is amended to read as follows:

18.04.030 Definitions

. . .

(4) Accessory dwelling means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single­family dwelling is situated. An accessory dwelling unit also includes the following:

  1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
  2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

In some instances this Code uses the term second dwelling unit interchangeably with accessory dwelling unit.

(46.5) Dwelling unit, se means a separate and complete dwelling unit, other than and subordinate to the main dwelling unit, whether a part of the same structure or detached, on the same residential lot.

(74.5) Junior accessory dw means a unit that is no more than 500 square feet in size and contained entirely within an existing single­family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(132) Single­family use means the use of a site for only one dwelling unit and, where permitted, an accessory second dwelling unit or a junior accessory dwelling unit.

. . .

SECTION 3. In Section 18.10.010 (a) substitute the ter essory dwelling unit( for second dwelling unit(s) .

SECTION 4. Section 18.10.030 Table 1 and Footnote (2) are amended as follows:

TABLE 1

PERMITTED AND CONDITIONALLY PERMITTED LOW­DENSITY RESIDENTIAL USES

[P = Permitted Use ­­ CUP = Conditional Use Permit Required]

R­E R­2 RMD Subject to Regulations in:
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily incidental to permitted uses (no limit on number of plumbing fixtures) P P P 18.10.080
Home Occupations, when accessory to permitted residential uses. P P P 18.42.060
Horticulture, gardening, and growing of food products for consumption by occupants of the site. P P P
Sale of agricultural products produced on the premises (1) P 18.10.110
Second Accessory Dwelling Units P P(2) P(2) 18.4210.0470
Junior Accessory Dwelling Units P P(2) P(2) 18.42.040
AGRICULTURE AND OPEN SPACE USES
Agriculture P 18.10.110
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Private Educational Facilities CUP CUP CUP
Religious Congregations and Institutions CUP CUP CUP
PUBLIC/QUASI­PUBLIC USES
Community Centers CUP CUP CUP

Utility Facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards.

CUP CUP CUP
RECREATION USES
Neighborhood Recreational Centers CUP
Outdoor Recreation Services CUP CUP
RESIDENTIAL USES
Single­Family P P P
Two­Family use, under one ownership P P
Mobile Homes P P P 18.42.100
Residential Care Homes P P P
RETAIL USES
Cemeteries CUP
Commercial Plant Nurseries CUP
SERVICE USES
Convalescent Facilities CUP
Day Care Centers CUP CUP CUP
Small Adult Day Care Homes P P P
Large Adult Day Care Homes CUP CUP CUP
Small Family Day Care Homes P P P
Large Family Day Care Homes P P P
Bed & Breakfast Inns P(3)
P = Permitted Use CUP = Conditional Use Permit Required

. . .

(2) Second Accessory Dwelling Units in R­2 and RMD Zones: An accessory second dwelling unit or a Junior Accessory Dwelling Unit associated with a single­family residence on a lot in the R­ 2 or RMD zones is permitted, subject to the provisions of Section 18.10.07018.42.040, and such that no more than two units result on the lot.

. . .

SECTION 5. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows:

18.10.040 Development Standards

(a) Site Specifications, Building Size, Height and Bulk, and Residential Density

. . .

18.10.040(a) Table 2, Footnote

. . .

(5) Maximum House Size: The gross floor area of attached garages and attached second accessory dwelling units and junior accessory dwelling units are included in the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one detached covered parking space shall be included in the calculation. This provision applies only to single­family residences, not to duplexes allowed in the R­2 and RMD districts.

. . .

(i) Individual Review

The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied to any single­family or two­family residence in the R­2 or RMD districts to those sides of a site that share an interior side lot line with the interior side or rear lot line of a property zoned for or used for single­ family or two­family dwellings. , except where architectural review board review is required for an accessory second dwelling on an RMD­zoned site. The individual review criteria shall be applied

only to the project’s effects on adjacent single­family and two­family uses.

SECTION 6. Section 18.10.060 Table 3 is amended as follows:

TABLE 3

PARKING REQUIREMENTS FOR R­E, R­2 AND RMD USES

Use Minimum Off­Street Parking Requirement
Single­family residential use (excluding second accessory dwelling units) 2 spaces per unit, of which one must be covered
Two family (R2 & RMD districts) 3 spaces total, of which at least two must be covered
Second Accessory dwelling unit, attached or detached:

>450 sf in size 50 sf in size

2 spaces per unit, of which one must be covered

1 space per unit, which may be covered or uncovered

No parking required

Junior accessory dwelling unit No parking required
Other Uses See Chapter 18.40

. . .

SECTION 7. Section 18.10.070 (Second Dwelling Units) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is repealed in its entirety and a new

18.10.070 is added to read as follows:

18.10.070 Accessory and Junior Accessory Dwelling Units

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Section 18.42.040.

SECTION 8. Section 18.10.120 (Architectural Review) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning) is amended to read as follows:

18.10.120 Architectural Review

Architectural review, as required in Section 18.76.020, is required in the R­E, R­2, and RMD districts whenever three or more adjacent residential units are intended to be developed concurrently, whether through subdivision or individual applications. Architectural review is also required for second dwelling units of more than 900 square feet, when located in the Neighborhood Preservation Combining District (NP).

SECTION 9. Section 18.10.140 (Neighborhood Preservation Combining District (NP) Standards) of Chapter 18.10 (Low­Density Residential (RE, R­2 and RMD) Districts) of Title 18 (Zoning)

is amended to read as follows:

18.10.140 Neighborhood Preservation Combining District (NP) Standards

. . .

(b)(2) Design Review Required

For properties on which two or more residential units are developed or modified, design review and approval shall be required by the architectural review board in compliance with procedures established in Section 18.76.020 for any new development or modification to any structure on the property and for site amenities. No design review is required for construction of or modifications to single­family structures that constitute the only principal structure on a parcel of land or for accessory dwelling units or junior accessory units.

No design review is required for construction of second dwelling units on a parcel except when the second unit exceeds 900 square feet in size.

. . .

SECTION 10. Section 18.10.150(e) (Existing Second Dwelling Units on Substandard Size Lots) is deleted in its entirety and reserved for future use.

. . .

SECTION 11. Section 18.12.010(a) is amended as follows:

(a) Single Family Residential District [R­1]

The R­1 single family residential district is intended to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children’s play. Minimum site area requirements are established to create and preserve variety among neighborhoods, to provide adequate open area, and to encourage quality design. Second Accessory dwelling units, junior accessory dwelling units and accessory structures or buildings are appropriate. where consistent with the site and neighborhood character. Community uses and facilities, such as churches and schools, should be limited unless no net loss of housing would result.

. . .

SECTION 12. Section 18.12.030 Table 1, is amended as follows:

Table 1

PERMITTED AND CONDITIONAL R­1 RESIDENTIAL USES

R­1 and all R­1 Subdistricts Subject to Regulations for:
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily incidental to permitted uses with no more than two plumbing fixtures and no kitchen facility, or of a size less than or equal to 200 square feet P 18.04.030(a)(3)

18.12.080

Accessory facilities and uses customarily incidental to permitted uses with more than two plumbing fixtures (but with no kitchen), and in excess of 200 square feet in size, but excluding second accessory dwelling units CUP 18.12.080
Home occupations, when accessory to permitted residential P 18.42.060
Horticulture, gardening, and growing of food products for consumption by occupants of the site P
Second Accessory Dwelling Units P(1) 18.42.04012.070
Junior Accessory Dwelling Unit P(1) 18.42.040
EDUCATIONAL, RELIGIOUS AND ASSEMBLY USES
Private Educational Facilities CUP
Churches and Religious Institutions CUP
PUBLIC/QUASI PUBLIC USES
Community Centers CUP
Utility Facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards CUP
RECREATION USES
Outdoor Recreation Services CUP
RESIDENTIAL USES
Single­Family P
Mobile Homes P 18.42.100
Residential Care Homes P
SERVICE USES
Day Care Centers CUP
Small Adult Day Care Homes P
Large Adult Day Care Homes CUP
Small Family Day Care Homes P
Large Family Day Care Homes P
P= Permitted Use CUP = Conditional Use Permit Required

(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single­ family residence on a lot is permitted, subject to the provisions of Section 18.42.040, and such that no more than two total units result on the lot.

SECTION 13. Section 18.12.040 Table 2, footnote (8) is amended as follows:

(8) Maximum House Size: The gross floor area of attached garages and attached accessory second dwelling units and junior accessory dwelling units are included in the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one detached covered parking space shall be included in the calculation.

SECTION 14. Section 18.12.060 Table 4 is amended as follows:

Table 4 shows the minimum off­street automobile parking requirements for specific uses in the R­1 district.

Table 4

Parking Requirements for Specific R­1 Uses

Use

Minimum Off­Street Parking Requirement
Single­family residential use (excluding second accessory dwelling units) 2 spaces per unit, of which one must be covered.
Second Accessory dwelling unit , attached or detached 2 spaces per unit, of which one must be covered

No parking required

Junior Accessory Dwelling Unit No parking required
Other Uses See Chs. 18.52 and 18.54

. . .

SECTION 15. Section 18.12.070 (Second Dwelling Units) of Chapter 18.12 (R­1 Single­ Family Residential District) of Title 18 (Zoning) is repealed in its entirety and a new 18.12.070 is added to read as follows:

18.12.070 Accessory and Junior Accessory Dwelling Units

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Section 18.42.040.

SECTION 16. Section 18.12.090(b)(2) is amended to read as follows:

. . .

(2) basement area is deemed to be habitable space but the finished level of the first floor is no more than three feet above the grade around the perimeter of the building foundation.

Basement space used as a second dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the unit (but may be excluded from calculations of floor area for the total site). This provision is intended to assure that second units are subordinate in size to the main dwelling and to preclude the development of duplex zoning on the site.

. . .

SECTION 17. Section 18.12.150(d) (Existing Second Dwelling Units on Substandard Size Lots) is deleted in its entirety and reserved for future use.

. . .

SECTION 18. Section 18.28.040, Table 1, is amended as follows:

Table 1 Land Uses

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of on the premises;

provided, that no commercial for the sale or of agricultural shall be permitted.

Second Accessory dwelling units, to regulations in Section 18.28.07042.040 18.28.070

18.42.040

Junior Accessory Dwelling Unit 18.42.040
AGRICULTURAL AND OPEN SPACE USES
Uses, including husbandry, crops, dairying, horticulture, livestock farming, tree farming, viticulture, and similar uses not inconsistent with the intent and of this chapter
conservatories, nature laboratories, facilities
sanctuaries
Park uses and uses to park operation
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
schools (1)

CUP

Churches and institutions (1)

CUP

research, and philanthropic institutions CUP

facilities

(1)

CUP

Public or colleges and and facilities thereto CUP
classes (1)

CUP

OFFICE USES
services for non­profit

organizations

(1)

CUP

OTHER USES
Other uses which, in the opinion of the director, are similar to as or conditionally uses CUP (1)
FACILITY USES
All facilities or leased, and or used, by the City of Alto, the of Santa Clara, the State of California, the of the United States, the Palo Alto District, or any other agency
Facilities CUP
Centers CUP (1)
Utility Facilities CUP CUP CUP
RECREATIONAL USES
centers CUP (1)