May 12, 2025
ADU Ordinance Update
City Council
Presenter: Garrett Sauls,
Principal Planner
2 HCD Comments
• HCD Response to Ordinance October 29,
2024 (Attachment C)
• Majority of HCD’s comments require
minor clarifications/modifications to the
City’s code and processes.
• HCD comments 3, 9, 10, 12, 17, and 20
result in greater changes to the City’s
existing regulations and procedures.
3 Unit Allowance (Item #3)
Previous allowance:
• SF: 1 ADU (attached/detached) and 1 JADU;
• MF: 2 detached ADUs*
• Up to 25% of attached units through
conversion*
New State law provides:
• For Single Family:
• 1 attached ADU* AND 1 detached ADU
• 1 JADU
• For Multi-Family:
• 2 detached ADUs with proposed multi-
family structure*
• Up to 8 detached ADUs or existing number
of units on site, whichever is less*
• Up to 25% of attached units through
conversion*
*No maximum size for these types of units
4 TREE PROTECTION (Item #9)
• HCD comment: unless objective
provisions exist within PAMC
Chapter 18.09, Palo Alto cannot
apply regulations of other
sections through reference
• PAMC 18.09.040(m) incorporates
objective standards:
• Definitions of protected trees
• Threshold for impacts to trees
• Replacement requirements
• These rules do not apply to PAMC
18.09.030
6 JADU Provisions (Item #10)
Previous requirements:
• Four-foot setback
• Up to 500 sf FAR/LC bonus; shared w/ ADU
• Reduced corner lot setbacks for JADUs
New requirements:
• 500 sf FAR/LC bonus for primary home when
JADU is built; shared with ADU FAR/LC bonus
• JADU must be built within buildable area of
primary home; could result in limits to JADU
production based on lot size
• JADU must incorporate objective privacy,
design, and noise requirements under PAMC
18.09.050(f) to be afforded the bonus sf
7 Historic Inventory (Item #12)
New State law provides that PA cannot apply
SISR provisions to non CRHR properties:
• Ensure historic integrity of additions
• Limits impacts to historic resources
• Staff level or HRB level review
• Most relevant for attached ADU/JADUs
Palo Alto has 1,024 historic properties:
• Vary from Cat 1 – Cat 4
• If on NRHP , then on CRHR
• 684 Cat 1-4 not on CRHR/NRHP
• 340 Cat 1-4 on CRHR/NRHP
• Roughly 13,000 non-historic R-1
properties in PA
8 Kitchen Requirements (Items #17 & 20)
Previous requirements:
• Proscribed burners, oven/
convection microwave, counter
space, and fridge/freezer capacity
New requirements:
• Permanent provisions for eating,
cooking, and sanitation that are
“reasonable in size”
• PA ADU Handbook shows
previous standards and can be
used as guidance in conversations
with public
9 • State Law Compliance: Remove local standards that conflict with state law. • Fee Reform: Eliminate all ADU/JADU impact & permit fees; refund collected fees • Zoning Adjustments: Align height, FAR, and setbacks with more permissive state law allowances; update transit maps using HCD tools (include non-VTA routes). • Incentives: Launch $5M pilot (grants + on-bill financing); allow 1,200 sf ADUs; offer 20’ two-story option with daylight plane.
• Other Actions: Simplify flood zone cost estimates; pursue HCD “Prohousing” designation.
Public Comment (Summary)
10 • Recommend approval of the draft ordinance provided with the packet with the added modifcation:
o Eliminate the phrase "underlying zoning for front setback" under the Single Family - New Construction of Detached
ADU column in PAMC 18.09.030 Table 1
Recommended Motion and Next Steps
11 Garrett Sauls
Principal Planner
[email protected]
650-329-2471
12 Electric: One service owned by the City to a two-meter set located at the main house. Private lines feeding
ADU.
Gas: One service owned by the City to a two-meter set
located at main house. Private house lines feeding the
main house and ADU
Water: One service to a two-meter set located at back
of sidewalk. Private house lines feeding main house
and ADU
Sewer: One lateral to cleanout located at back of
sidewalk
Approved Configuration: Utility
in Front of Home
12 Electric: One service owned by the City to a two-meter set located at the ADU. Private lines feeding main
house.
Gas: One service owned by the City to a two-meter set
located at main house. Private house lines feeding the
main house and ADU
Water: One service to a two-meter set located at back
of sidewalk. Private house lines feeding main house
and ADU
Sewer: One lateral to cleanout located at back of
sidewalk
Approved Configuration: Utility
Behind Home
12 Electric: Two services owned by the City to
two, separate electric panels and meters
located at the main house and ADU.
Gas: Two services owned by the City to two,
separate meters located at main house and
ADU.
Non-Approved Configuration: Utility
Behind Home
12 Electric: Two services owned by the City to
two, separate electric panels and meters
located at the main house and ADU.
Gas: Two services owned by the City to two,
separate meters located at main house and
ADU.
Non-Approved Configuration: Utility
in Front of Home
State Law Definition – Half-mile
21155.
(b) (3) A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 20 minutes
during peak commute hours. A project shall be
considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor.