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ORDINANCE 598 AN URGENCY ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO ADD ARTICLE 15 TO CHAPTER 1 ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND DEVELOPMENT OF QUALIFIED SENATE BILL 9 PROPERTIES WHEREAS, this Ordinance is adopted as an urgency ordinance pursuant to Government Code Section 65858. The facts constituting the urgency are as follows: a) A severe housing crisis exists in the state with the demand for housing outstripping supply. b) In September 2021, Governor Newsom signed into law Senate Bill 9 ("SB 9"), entitled the "California Home Act". Among other provisions, this bill adds Sections 65852.21and 66411.7 to the Government Code and becomes effective on January 1, 2022. c) SB 9 requires cities and counties, including the Town of Los Altos Hills ("Town"), to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. d) SB 9 further restricts the standards and regulations that local agencies, including the Town, may impose on qualifying two -unit or subdivision projects. For example, SB 9 specifies that local agencies may impose only objective zoning, subdivision, and design standards that do not conflict with the statutes, but such standards must not physically preclude a unit size of 800 square feet. In addition, SB 9 permits a local agency to deny a proposed two - unit or subdivision project only if the agency's Building Official makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. e) The Town's natural beauty including the hills and views of the Bay, and significant residential communities is a uniquely valuable public resource. A significant number of parcels within the Town are also within high fire hazard severity zones, earthquake fault zones and/or covered by conservation/open space easements. The Town has substantial interests in protecting the community against these hazards and restrictions in promoting development projects. The reasonably regulated and orderly development of single-family residential construction and subdivision projects as permitted by SB 9 is desirable, and unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. Ordinance 598 Page