November 12, 2024 www.cityofpaloalto.org
State Housing Laws
Implementation Ordinance
1 Ordinance
State Housing Laws
SB 684: The law requires streamlined, ministerial review of parcel maps and housing development projects of up to 10 units that meet certain criteria
SB 4: Streamlines the building process for faith-based institutions and certain colleges by providing a process that allows 'qualified developers’ to build qualifying housing projects
AB 2162: Makes certain supportive housing projects a “use by right” in zones that permit multifamily housing.
AB 894: Requires the City to approve shared parking agreements for contiguous or nearby uses where a parking analysis shows that the proposed shared parking is “underutilized.”
AB 970: Has no limit on how many parking spaces can be removed to accommodate Electric Vehicle Storage Equipment
Other non-substantive amendments
2 Ordinance
State Housing Laws
AB 2097: Exempts required parking spaces for all uses except hotels within one-half mile of the major transit stops
• Ordinance reflects exemption
• AB 2097 map updated based on prior HCD guidance letter • TDM Plan requirement to apply to qualifying projects
3 Ordinance
AB 2097: Policy Guidance Needed on Accessible & Electric Vehicle Parking ‘shall not…preclude…any requirement…to provide
electric vehicle…accessible [parking spaces]…that would have otherwise applied to the development if this section did not apply.’ Two Options:
1. Require ADA / EVCS parking based on the amount of voluntary parking provided on-site, or
2. Require ADA / EVCS parking based the full amount that would have been required if AB 2097 did not apply
Challenges/Considerations
• Design/cost implications especially for smaller lots
• Alternative policy direction for ADA/EVCS parking throughout the district 4 Ordinance
AB 2097: Findings for Enforcing Minimum Parking Requirements Within 30 days written findings the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
1. …ability to meet its share of the regional low and very low housing needs
2. …ability to meet any special housing needs for the elderly or persons with disabilities
3. Existing residential or commercial parking within one-half mile of the housing development project.
If findings were made it only applies to:
• housing projects with 20 or more units that do not provide at least 20 percent of units for moderate income households, students, elderly persons or persons with disabilities, and that are not utilizing parking reductions provided in any other law such as State Density Bonus law. 5 2024 State Legislative Amendments
2024 State Housing Laws
Several new state laws related to:
• Builder’s remedy
• SB 9
• Housing Element Law
• ADUs, deferred impact fees + others
Laws That Require Local Amendments
• AB 450 (SB 9)
• SB 937 (deferred impact fees)
• SB 1211 (ADUs)
• AB 2694 (State Density Bonus Law)
Recommendation: Direct staff to return with an urgency ordinance on the consent calendar to implement prior to the start of 2025. 6 Recommended Action
• Adopt an ordinance modifying the municipal code to
implement state housing laws from 2023 or earlier
• Provide direction on AB 2097 implementation
• Direct staff to prepare emergency ordinance for 2024 state legislative changes
Jonathan Lait
Director
[email protected]
(650) 329-2679