*NOT YET APPROVED*
1 0160164_kb2_20240108_ay16
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement the 2023-2031 Housing Element
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On May 8, 2023, the City Council adopted Resolution No. 10107, approving an Addendum to the Comprehensive Plan Environmental Impact Report (EIR), making various findings, and adopting the 2023-2031 Housing Element for the City of Palo Alto.
B. On December 18, 2023, the City Council approved a Revised Addendum to the Comprehensive Plan EIR and adopted Ordinance No. 5608, rezoning sites in the 2023- 2031 Housing Element Sites Inventory to accommodate the City’s Regional Housing Needs Allocation.
C. On April 15, 2024, the City Council adopted Resolution No. 10155, making various findings, adopting a Revised 2023-2031 Housing Element, and authorizing the Director of Planning and Development Services to take further actions necessary to achieve certification of the Housing Element by the California Department of Housing and Community Development (HCD).
D. On August 19, 2024, HCD found that the Revised 2023-2031 Housing Element, as further modified on July 17, 2024, was substantially compliant with state law.
E. The City’s Revised 2023-2031 Housing Element includes several programs that require updates to the Palo Alto Municipal Code in Fiscal Year 2025. These include parts of programs 1.5 (Stanford University Lands), 3.6 (Expedited Project Review), 4.1 (Replacement Housing), and 6.5 (Alternative Housing).
F. On November 13, 2024, the Planning and Transportation Commission considered and recommended that the City Council adopt this ordinance to implement the 2023-2031 Housing Element.
SECTION 2. Sections 18.20.030 (Land Uses) and 18.20.040 (Site Development Standards) of Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP and GM) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.20.030 Land Uses
(a) Permitted and Conditionally Permitted Land Uses
*NOT YET APPROVED*
2 0160164_kb2_20240108_ay16
Table 1 lists the land uses permitted or conditionally permitted in the industrial and manufacturing districts.
Table 1
Industrial/Manufacturing District Land Uses
[P = Permitted Use CUP = Conditional Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5)
GM Subject to
Regulations in
Chapter:
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
RESIDENTIAL USES
Single-Family 18.20.040(b)
Two-Family 18.20.040(b)
Multiple-Family (Housing
Element Opportunity Site)
P P P 18.14.020
Multiple-Family CUP CUP (1) CUP P (2) CUP(1) 18.14.020,
18.42.200
Residential Care Homes P CUP CUP CUP 18.23.100(B)
18.42.200(B)
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Notes:
(1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP.
(2) A CUP is required for residential development proposed on sites within 600 feet of a facility in which Tier 2 Hazardous Materials are manufactured, stored, used, or handled. In no event shall residential development be permitted on a site within 300 feet of a facility in which Tier 2 Hazardous Materials are manufactured, stored, used, or handled. This footnote shall be interpreted in a manner consistent with Section 18.42.200.
[. . .]
(d) Emergency Shelters for the Homeless
Emergency shelters for the homeless may be allowed as a permitted use in the ROLM(E) district on properties located east of Highway 101, subject to the following performance and design standards. An emergency shelter in the ROLM(E) district shall be reviewed ministerially, without discretionary review.
Performance and Design Standards for Emergency Shelters for the Homeless.
An emergency shelter for the homeless shall conform to all site development standards and performance criteria of the ROLM(E) zone district except as modified by the following performance and design standards:
*NOT YET APPROVED*
3 0160164_kb2_20240108_ay16
(1) The construction of and/or renovation of a building for use as an emergency shelter shall conform to all applicable building and fire code standards. (2) There shall be provided one parking space for each three (3) beds in the emergency shelter.
(3) Shelters shall have designated smoking areas that are not visible from the street and which are in compliance with all other laws and regulations. (4) There shall be no space for outdoor congregating in front of the building adjacent to the street and no outdoor public telephones.
(5) There shall be a refuse area screened from view.
(6 2) Maximum number of persons/beds. The emergency shelter for the homeless shall contain no more than 40 beds.
(7) Size and location of exterior and interior on-site waiting and client intake areas. Shelters shall provide 10 square feet of interior waiting and client intake space per bed. In addition, there shall be two office areas provided for shelter staff. Waiting and intake areas may be used for other purposes as needed during operations of the shelter. (8 3) On-site management and security. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation. (9 4) The emergency shelter provider shall submit an operations plan that addresses the standards for operation contained in the Palo Alto Quality Assurance Standards for Emergency Shelters for the Homeless Santa Clara Countywide Quality Assurance Standards for Homeless Housing & Service Programs.
(10) Distance to other facilities. The shelter must be more than 300 feet from any other shelters for the homeless.
(11 5) Length of stay. Temporary shelter shall be available to residents for no more than 60120 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available.
(12 6) Outdoor lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. [. . .]
18.20.040 Site Development Standards
[. . .]
(i) (Reserved) Emergency Shelters for the Homeless
*NOT YET APPROVED*
4 0160164_kb2_20240108_ay16
An emergency shelter for the homeless shall conform to all site development standards and performance criteria of the ROLM(E) zone district except as modified by the following standards:
(1) Sufficient on-site parking shall be provided to accommodate all staff working in the emergency shelter.
(2) Shelters shall provide 10 square feet of interior waiting and client intake space per bed.
In addition, there shall be two office areas provided for shelter staff. Any outdoor waiting area shall be in a location not adjacent to the street. Waiting and intake areas may be used for other purposes as needed during the operations of the shelter. (3) There shall be a refuse area screened from view.
[. . .]
SECTION 3. Table 1 (Minimum Off-Street Parking Requirements) of Section 18.52.040 (Off-Street Parking, Loading, and Bicycle Facility Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended as follows (additions underlined; unchanged text omitted by bracketed ellipses):
Use Vehicle Parking Requirement
(# of spaces)
Bicycle Parking Requirement
Spaces Class 1 Long-
Term (LT) and
Short-Term (ST)
[. . .] [. . .] [. . .]
SERVICES USES
[. . .] [. . .] [. . .]
Day Care Homes, Family
(Large)
2 per dwelling unit, one of which
shall be covered, plus one for
each employee not residing at
the home
None
Emergency Shelters for the
Homeless
1 per employee not residing
at the shelter.
None
[. . .] [. . .] [. . .]
SECTION 4. Section 18.77.070 (Architectural Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.77.070 Architectural Review Process
[. . .]
(c) Hearing and Recommendation for Major Projects, and for Minor Projects Upon Request *NOT YET APPROVED*
5 0160164_kb2_20240108_ay16
(1) Upon receipt of a completed application for a major project (as defined in Section
18.76.020(b)(2)), or upon receipt of a timely request for a hearing for a minor project (as defined in Section 18.76.020(b)(3)), the architectural review board shall set a hearing date to review the application.
(2) Notice of the hearing shall be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing. (3) Following the hearing, the architectural review board shall make a recommendation on the application, which shall be forwarded to the director. (4) A housing development project that is subject to major Architectural Review under Section 18.76.020 shall be limited to two meetings before the Architectural Review Board, unless the applicant requests additional hearings. (d) Decision by the Director
Upon receipt of a recommendation of the architectural review board:
(1) Within 5 working days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it.
(2) Notice of the director’s decision shall be given by mailing to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, a brief description of the action to be taken, the date the decision will be final, and a description of how to request a hearing.
(3) The director’s decision shall become final 14 days after the date notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision. (4) If the architectural review board continues a minor project or housing development project more than once, or a major project more than twice, the director may make a decision on the application prior to receiving the final recommendation of the board.
[. . .]
SECTION 5. Section 18.14.060 (By Right Housing Projects) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as follows:
18.14.060 By Right Housing Projects
(a) Affordable Housing on Higher Education and Religious Lands *NOT YET APPROVED*
6 0160164_kb2_20240108_ay16
(1) Notwithstanding any conflicting provision of this Title 18 or the Comprehensive Plan, a qualifying housing development project under California Government Code Section 65913.16 shall be a use by right.
(2) Housing development projects utilizing this section in the R-1 Single-Family Residential District and the Low-Density Residential Districts shall be subject to the development standards for the RM-30 zoning district, except that the maximum Floor Area Ratio (FAR) shall be 1.25.
(3) All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(b) Supportive Housing in Multi-family and Mixed-use Zones (1) Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the requirements of California Government Code Sections 65650-65656.
(2) All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(c) Low Barrier Navigations Centers in Multi-family and Mixed-use Zones (1) Low barrier navigation centers shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed project satisfies all of the requirements of California Government Code Sections 65660-65658.
(d) Group Homes in Residential Zones
(1) As used in this Section, “group home” means housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability- related needs and in which residents share cooking, dining, and living areas. Group home includes Residential Care Home, as defined in Section 18.04.030. (2) Group homes that do not provide services requiring licenses under state law and Residential Care Homes shall be uses by-right in residential zones, subject only to those standards and requirements applicable to residential uses.
(e) Provided they comply with the City’s objective standards, by-right projects under this section shall not be subject to any discretionary review nor environmental review under the California Environmental Quality Act. By-right projects under this section shall be processed in accordance with Section 18.77.074.
SECTION 6. Section 18.40.160 (Replacement Project or Discretionary Review Required) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):
18.40.160 Replacement Project or Discretionary Review Required *NOT YET APPROVED*
7 0160164_kb2_20240108_ay16
(a) Except where necessary for health and safety purposes (as determined by the City's Building Official), N no permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or Title 16 (Building Regulations) shall be issued:
(1) For demolition or deconstruction of a single-family residence or duplex in the Low- Density Residential District (Chapter 18.10) or Single-Family Residential District (Chapter 18.12), except where necessary for health and safety purposes (as determined by the City's Building Official), unless building permit plans for a replacement project have been approved. This subsection shall also apply to the demolition of a single-family residence or duplex in the Multiple Family Residential District (Chapter 18.13) when the replacement project does not require discretionary review.
(b) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or Title 16 (Building Regulations) shall be issued (2) For any project requiring discretionary review under Title 18 or Title 21, unless the application for discretionary review has been approved. (3) For demolition or deconstruction of a residential unit, unless a replacement project has been approved that contains at least as many residential dwelling units as will be demolished.
(A) If the proposed development project is not a housing development project, the replacement housing units may be located on a site other than the project site but shall be located within Palo Alto and shall be developed prior to or concurrently with the proposed development project. (B) If the existing residential unit(s) is a nonconforming use, it shall be replaced in a manner consistent with the current zone district regulations. (C) Replacement of Protected Units, as those terms are defined in California Government Code Section 66300.5, shall be subject to the additional requirements of California Government Code Section 66300.6.
SECTION 7. Sections 18.28.020 (Definitions) 18.28.040 (Land Uses), 18.28.070 (Additional OS District Regulations), and 18.28.080 (Additional AC District Regulations) of Chapter
18.28 (Special Purpose (PF, OS, and AC) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code are hereby amended as follows (additions underlined; unchanged text omitted by bracketed ellipses):
18.28.020 Definitions
As used in this chapter, unless otherwise apparent from the context, the following definitions shall apply:
(a) "Conservation or natural resource land" means land which possesses or encompasses conservation or natural resources.
(b) "Conservation or natural resource" includes, but is not necessarily limited to, streams, watersheds, groundwater recharge, soils, wildlife habitat, as defined in this section, special landforms, and natural vegetation.
*NOT YET APPROVED*
8 0160164_kb2_20240108_ay16
(c) “Farmworker housing” means employee housing, as that term is defined in California Health and Safety Code Section 17008, for agricultural employees, as that term is defined in California Labor Code Section 1104.4.
(c d) "Open space land" means any parcel or area of land essentially unimproved or in its natural state, and devoted to an open space use as defined in this section, and which is designated in the open space element for an open space use. (d e) "Open space district" means any area of land or water designated "OS" and subject to all of the terms and regulations of this chapter.
(e f) "Open space use" means the use of land for:
(1) Public recreation;
(2) Enjoyment of scenic beauty;
(3) Conservation or use of natural resources;
(4) Production of food or fiber;
(5) Protection of persons and their artifacts (buildings, property, etc.); (6) Containment and structuring of urban development. (f g) "Recreation land" means any area of land or water susceptible to recreational uses. (g h) "Scenic land" means any area of land or water that possesses scenic qualities worthy of preservation.
(h i) “Wildlife habitat” means any area of land or water valuable or necessary to the preservation or enhancement of wildlife resources.
[. . .]
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
[. . .] [. . .] [. . .] [. . .] [. . .]
AGRICULTURAL AND OPEN SPACE USES
Agricultural Uses, including
animal husbandry, crops,
P P
*NOT YET APPROVED*
9 0160164_kb2_20240108_ay16
dairying, horticulture, nurseries,
livestock farming, tree farming,
viticulture, and similar uses not
inconsistent with the intent and
purpose of this chapter, including
farmworker housing(3) in
accordance with the California
Health and Safety Code
[. . .] [. . .] [. . .] [. . .] [. . .]
RESIDENTIAL USES
Single-family dwellings P (3)
Manufactured housing (including
mobile homes on permanent
foundations)
P 18.40.
18.42.100
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other governmental agency, and leased for said uses. (2) An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single- family residence on a lot in the OS District is permitted, subject to the provisions of Section
18.42.040, and such that no more than two total units result on the lot. (3) In accordance with California Health and Safety Code Section 17021.5, employee housing for six (6) or fewer employees shall be deemed a single-family structure. In accordance with Health and Safety Code Section 17021.6, qualifying farmworker housing shall be considered an agricultural use.
[. . .]
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a) Accessory Dwelling Units 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.
(b) Site and Design Approval
All sites in the OS district shall be subject to the Site Design and Review Combining District (D) as provided in Chapter 18.30(G) of the Zoning Ordinance, subject to the following modifications:
(1) Minor Site and Design Review: For minor projects (e.g., fences, landscape changes to an approved project, trash enclosures, accessory buildings 200 square feet or less, etc.), the *NOT YET APPROVED*
10 0160164_kb2_20240108_ay16
review process shall follow the Minor Architectural Review (staff level) procedures as outlined in Section 18.77.070. To qualify as a minor project, the project shall have less than 10 cubic yards of excavation and or grading and be Categorically Exempt from the California Environmental Quality Act (CEQA).
(2) Major Site and Design Review: For all other projects not reviewed as Minor Site and Design Review, the project will be forwarded to the Planning and Transportation Commission for review and recommendation and then placed on the Council Consent agenda for final action, as prescribed for staff actions outlined in Section 18.77.060 (Standard Staff Review Process). Provided, however, that the following projects may be forwarded directly to the City Council Consent agenda by staff, without review by the Planning and Transportation Commission, where all of the following conditions apply:
a. The project is not a second dwelling unit; and
b. The project would comprise less than 1,000 square feet of floor area, less than 1,000 square feet of impervious cover, and less than 100 cubic yards of excavation and/or grading; and
c. The proposed floor area or impervious cover would not exceed 50% of the allowable for the site; and
d. The project and any prior projects within the prior five years would not cumulatively exceed these thresholds.
(3) Farmworker housing may be entitled to streamlined review pursuant to California Health and Safety Code Section 17021.8.
[. . .]
18.28.080 Additional AC District Design Requirements
The following additional regulations shall apply in the AC district:
(a) Site and Design Approval
All sites in the AC district shall be subject to the Site Design and Review Combining District (D) regulations as provided in Chapter 18.30(G), except that farmworker housing may be entitled to streamlined review pursuant to California Health and Safety Code Section 17021.8. (b) Location of Agricultural Facilities
Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding of animals, exclusive of domestic household pets, shall be located a minimum of 40 feet from any site line.
SECTION 8. Section 21.10.040 (General Requirements) of Chapter 21.10 (Parcel Maps for Urban Lot Splits in Single-Family Zones) of Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):
*NOT YET APPROVED*
11 0160164_kb2_20240108_ay16
21.10.040 General requirements.
(a) The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet. (b) The lots created by an Urban Lot Split must be of approximately equal area, such that no resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(c) Where existing dwelling units on the property are to remain, no lot line may be created under this Chapter in a manner that would bisect any structure or that would result in more than two dwelling units on any resulting parcel.
(d) Newly created lot lines shall not render an existing structure noncomplying in any respect (e.g. floor area ratio, lot coverage, parking), nor increase the degree of noncompliance of an existing noncompliant structure Reserved.
(e) Each parcel shall comply with any objective lot design standards for Urban Lot Splits adopted by the City Council.
(f) Utility easements shall be shown on the parcel map and recorded prior to, or concurrent with the final parcel map recordation.
(g) A covenant necessary for the maintenance of stormwater treatment facilities shall be recorded prior to, or concurrent with final map recordation. (h) Existing driveways to be demolished shall follow the procedure(s) in 12.08.090 Elimination of abandoned driveway.
(i) A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation.
SECTION 9. 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 10. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolution No. 10107, and on December 18, 2023, the City Council approved a Revised Addendum, finding that the Addendum, as revised, and the 2017 EIR *NOT YET APPROVED*
12 0160164_kb2_20240108_ay16
adequately analyzed the environmental impacts of the Housing Element, including the Programs implemented by this ordinance.
SECTION 11. 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:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services