Cities Index.
Attachment D - Staff Response to HCD

Palo Alto City Council
May 12, 2025

Document
Attachment D - Staff Response to HCD
Meeting
May 12, 2025
Body
Palo Alto City Council
Original file
274 KB
Text extracted from the city's file for reading and search. Open the original on cityofpaloalto.primegov.com. That file is the official record.

November 26, 2024

Mike Van Gorder
Housing & Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
[email protected]

Dear Mr. Van Gorder,

This letter represents the City of Palo Alto’s response to HCD’s letter dated October 29, 2024.

1. HCD Comments 1, 3, 7-8, 11-12, 15, and 19: the City will update its ordinance to incorporate this feedback by June 30, 2025.

2. HCD Comments 2, 4-6, 16, and 18: Unless HCD requires local implementing ordinances match verbatim state law, no change is needed as the local ordinance complies with state law.

3. HCD Comment 9: the City’s Tree Ordinance is included in the local ADU ordinance and is not a separate policy document or ordinance; the City could restate that language but this seems unnecessarily duplicative. Accordingly, the City does not a believe a change needed.

4. HCD Comment 10: there continues to a be a misunderstanding regarding this section. Nothing about this section precludes JADU production in compliance with state law. This section sets forth incentives that allow a JADU to be constructed in conjunction with new development and not converted after the fact. Table 2 is more permissive than state law and has yielded a significant increase in JADU production in Palo Alto.

5. HCD Comment 13: This is a local incentive for homeowners on corner lots. Nothing about this incentive precludes construction of an ADU in compliance with state law. The City does not a believe a change needed.

6. HCD Comment 14: The City does not require parking for J/ADUs. The local implementing ordinance does not need include every provision or exemption of state law.

7. HCD Comments 17 and 20: State law requires J/ADUs be reviewed ministerially against objective criteria. HCD’s comment would have the City use subjective criteria to assess reasonableness and introduce discretionary decision-making. If HCD has objectively defined a reasonableness standard, please share, otherwise, the City does not believe a change is warranted.

Please advise if HCD disagrees with any of the City’s responses. To meet our June 2025 timeframe reported in comment response 1 above, we request a meeting before January 31, 2025, if necessary.

Sincerely,

Jonathan Lait
Director of Planning and Development Services
Docusign Envelope ID: 329BD321-FBC3-4061-B1C0-06B783805F21

← All documents from this meeting