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ORDINANCE 599 AN URGENCY ORDINANCE OF THE TOWN OF LOS ALTOS HILLS EXTENDING URGENCY ORDINANCE NO. 598 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 65852.21 and 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 is located in close proximity to the San Andreas fault and is exposed to substantial earthquake hazards. The San Andreas fault system is considered a major northern California earthquake fault which may experience rupture at any time. The risk of earthquake, structural damage, and related power outages are significantly higher in Los Altos Hills in comparison to other municipalities. The Town's zoning and subdivision codes contain provisions designed to mitigate these risks and the Town continues to have substantial interest in protecting against such geological conditions and seismic hazards by regulating and ensuring the orderly development of residential projects. Ordinance 599 Page 1