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