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Last modified
12/21/2021 9:45:15 AM
Creation date
12/21/2021 9:45:07 AM
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Ordinances
Number
599
Date (Introduced)
12/16/2021
Date (Adopted)
12/16/2021
Description
Extending Urgency Ordinance 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
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for SB 9 projects are approved and such subdivisions are implemented and/or units are constructed, <br />without adhering to or are .in conflict with the standards and protections set forth in the Town's <br />subdivision and zoning ordinance. As detailed in the foregoing recitals and presented in the record, <br />a significant number of parcels within the Town are within high fire hazard severity zones, <br />earthquake fault zones and/or covered by conservation easements. These areas are exposed to <br />significant fire risks, power outage issues, property damage hazards, and potential injuries to <br />persons. In addition, the Town's unique topography and semi -rural character also creates <br />geological, privacy, noise and environmental preservation issues that the Town has aimed to <br />address through its zoning and development regulations. The Town has substantial interests in <br />protecting the Los Altos Hills community against these hazards and restrictions while promoting <br />development projects and ensuring their orderly progress. Additionally, without interim <br />regulations, SB 9 projects could be developed in a manner in conflict with the zoning and <br />subdivision regulations for housing projects that are currently being developed by the Town in <br />order to streamline and standardize review. <br />3. This proposed interim urgency ordinance would not have the effect of precluding <br />permitting or construction of single- or multi -family residential units, nor would it have the effect <br />of denying approvals needed for the development of multifamily units or projects with a significant <br />component of multifamily housing. The proposed interim urgency ordinance would amend the <br />Town's zoning ordinance to be consistent with newly adopted Government Code Sections <br />65852.21 and 66411.7, and would expand the types, size, and number of residential units to be <br />permitted and constructed in zones where single residential uses are permitted, and therefore would <br />in fact result in a larger number of residential units than under the current zoning regulations. <br />4. The urgency ordinance is necessary for the immediate preservation of the public <br />peace, health, and safety because the subdivision of lots and design and construction of single- <br />family residences, duplexes and accessory dwelling units pursuant to SB 9 without adequate <br />standards can cause: exposure to fire, earthquake, landslide, and other natural and environmental <br />risks; inconsistencies with restrictive covenants; and land use and site development conflicts and <br />incompatibilities including public safety, visual, privacy, acoustic and aesthetic impacts, all of <br />which .would negatively impact the public welfare and the unique quality and character of the <br />Town. <br />5. Based on the recent amendments to state law with respect to the regulation of SB 9 <br />units and lot subdivisions, there is a need for the Town to update its current codes. <br />6. (1) This Ordinance is not a project within the meaning of Section 15378 of the <br />State CEQA Guidelines, because it has no potential for resulting in physical change in the <br />environment, directly or ultimately. <br />(2) This Ordinance is categorically exempt from CEQA under Section 15308 of <br />the CEQA Guidelines as a regulatory action taken by the Town pursuant to its police power and <br />in accordance with Government Code Section 65858 to assure maintenance and protection of the <br />environment pending the evaluation and adoption of contemplated local legislation, regulation <br />and policies. <br />(3) This Ordinance is not subject to CEQA under the general rule in CEQA <br />Ordinance 599 Page 6 <br />
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