Title 18 and 21
Amendments to
Implement SB 1123
Presenter:
Claire Raybould, AICP
Manager, Current Planning
June 2, 2025 www.cityofpaloalto.org
1 BACKGROUND
SB 684 (effective July 1, 2024):
• Sites zoned multi-family
• 5 acres or less
• Up to 10 units approved ministerially
• Ministerial subdivision process w/ set timelines
SB 1123 (effective July 1, 2025):
• Sites zoned single-family
• Vacant; up to 1.5 acres
• Up to 10 units approved ministerially
• Ministerial subdivision process w/ set timelines
2 PROJECT OVERVIEW
• Council previously adopted amendments to Title 21 to implement SB 684 (2024)
• This ordinance adds Title 18 provisions and expands Title 21 to implement SB 1123 (2025)
• Future update to the Comprehensive Plan is recommended to differentiate residential land use categories
• This would reduce conflicts with State Density Bonus Law, which defines “base density” as the highest allowed under any applicable regulation 3 PURPOSE
• Allows the City to exercise its authority with respect to (J)ADUs under the law
• Sets forth the process and fees for developers utilizing the process • Clarifies which development standards apply and preserves local discretion where permitted.
4 KEY POLICY CONSIDERATIONS
Local standards cannot physically preclude 30 DU/AC
Required by State Law City Discretion (Must Be Objective) • Ministerial approval of up to 10 units on eligible vacant lots • Determine ADU/JADU allowance on subdivided lots • Eligible lots: zoned single-family, vacant, ≤1.5 acres • Set minimum lot size for (J)ADUs (e.g., 2,400 sf threshold) • Parcel size ≥1,200 sq ft (SF zones) • Adopt objective development and design standards • Minimum project density: 20 du/ac or ⅔ of zoning max
(whichever higher) • Enforce height limits (may not be lower than base zone) • FAR minimums: 1.0 (3–7 units), 1.25 (8–10 units) • Apply discretionary policy in zone standards where State law allows
• Setbacks: no more than 4 feet (side/rear); none for interiors • Define objective parking and site access standards • Parking: 1 per unit, with transit/car-share exemptions, no covered requirement
• Determine processing fees consistent with other ministerial reviews
• 60-day ministerial processing deadline
5 RECOMMENDATION
Staff recommends that Council:
1. Adopt the proposed ordinance (Attachment A) by a four-fifths majority (six affirmative votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance with recent changes in State law.
2. Direct staff to prepare a ordinance for review by Planning and Transportation Commission and City Council
3. Direct staff to develop a ordinance for Council consideration updating the Land Use Element of the Comprehensive Plan to more specifically differentiate single-family, low-, medium-, and high-density residential land use designations.
Claire Raybould
Manager, Current Planning
[email protected]
(650) 329-2116