HomeMy WebLinkAbout591ORDINANCE 591
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
ARTICLE 14 (ACCESSORY DWELLING UNITS) IN CHAPTER 1 OF
TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS
HILLS MUNICIPAL CODE UPDATING THE PLACEMENT AND
DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS
WHEREAS, Assembly Bill 881. (Bloom, Chapter 659, Statutes of 2019), Assembly Bill 68 (Ting,
Chapter 655, Statutes of 2019) and Senate Bill 13 (Wieckowski, Chapter 653, Statutes of 2019),
which were signed into law in October of 2019 and become effective January 1, 2020, amended
Government Code Sections 65852.2 and 65852.22, and imposed updated requirements and new
restrictions on local authority to regulate accessory dwelling units; and
WHEREAS, The Town desires to amend the Municipal Code to provide reasonable regulations
for the development of accessory dwelling units on lots developed or proposed to be developed
with single-family residential dwellings in a manner that fully complies with this state legislation
and Government Code Sections 65852.2 and 65852.22; and
WHEREAS, to solicit an early review and input on the updated accessory dwelling unit
regulations, a draft of the Ordinance was sent to the State Department of Housing and Community
Development (HCD) on March 2, 2020, and HCD provided verbal feedback and comments on
March 16, 2020 that identified a few minor revisions, but did not identify any concerns with the
proposed setback standards or any other conflicts with State law; and
WHEREAS, on March 5, 2020, the Los Altos Hills Planning Commission held a duly noticed
public hearing to consider a proposed ordinance containing updated regulations for the placement
and development of accessory dwelling unit regulations ("Ordinance"), including imposing
setback distances based on the Town's zoning code, and thereafter recommended that the City
council adopt that Ordinance; and.
WHEREAS, on April 16, 2020, the City Council held a duly noticed public hearing and voted to
waive further reading and introduce the Ordinance to adopt updated regulations for the placement
and development of accessory dwelling unit regulations; and
WHEREAS, on May 21, 2020, the City Council adopted the Ordinance with updated regulations
for the placement and development of accessory dwelling unit regulations with the ordinance set
to become effective 90 days (August 20, 2020) from the date of its final passage; and
WHEREAS, on May 22, 2020, a copy of the adopted Ordinance was provided to HCD as required
by Government Code Section 65852.2; and
WHEREAS, on August 5, 2020, Planning staff met with HCD staff to discuss the adopted
Ordinance and subsequently received a comment letter from HCD that identified sections of the
adopted Ordinance that needed to be revised in order to comply with Government Code Section
65852.2; and
Ordinance 591 Page 1
WHEREAS, stair has prepared amendments to the Ordinance based on comments provided by
HCD and, as the Ordinance was previously reviewed by the Planning Commission, is presenting
these amendments to the City Council for its consideration; and
WHEREAS, on August 20, 2020, the City Council held a duly noticed public hearing to provide
an opportunity for all interested parties to be heard, to consider all public comments and consider
the proposed amendments to the Ordinance in response to the comments provided by HCD; and
WHEREAS, The Town recognizes its responsibility to adopt rules and regulations that are aligned
with state law and believes that this ordinance complies with the intent and application of the
adopted legislation as written and Government Code Section 65852.2 which seek to facilitate and
allow for the development of an accessory dwelling unit and junior accessory dwelling unit on any
lot with an existing or proposed single-family dwelling, while also ensuring that the resulting
development activity does not harm the public health, safety, or welfare, maintains an acceptable
level of fire protection and does not significantly impact the environment or sensitive habitats; and
WHEREAS, the amendments to the Ordinance are adopted based on the following facts:
(1) The Town's Housing Element has identified the development of accessory dwelling
units (also known as secondary dwelling units) as a primary method to achieve the affordable
housing units necessary to meet the Town's regional housing needs allocation (RHNA) for the
eight-year period of 2015-2022.
(2) The Town's Land. Use Element includes goals to maintain the semi -rural character
of the community while providing for residential uses, open space, and the minimum public and.
private facilities and services needed to serve residents on a continuing basis, and to ensure that
all development occurs in a manner that minimizes disturbance of natural terrain, vegetation and
wildlife, and maximizes the preservation of natural resources and open space, and provides policies
to support these goals as follows:
• Policy 1.1 - Uses of land shall be consistent with the semi -rural atmosphere of the
community, minimize disturbance to natural terrain, minimize removal of the natural
vegetation, and create the maximum compatibility of development with the natural
environment through site design and landscaping.
• Policy 2.2 - Residential densities shall be guided by considerations of topography,
vegetative cover and significant physical limitations inherent in the natural
environment.
• Policy 2.5 - Steep slopes, canyons and ravines generally in excess of 30% slope, as well
as natural swales and drainage channels, and geologic hazard areas within areas
designated for residential development shall be left undisturbed and preserved in their
natural condition to the maximum extent feasible.
• Policy 2.6 - Limits on the development of individual residential lots shall be determined
based on evaluation of such factors as natural vegetation, topographic characteristics,
soils and geology.
Ordinance 591 page 2
(3) The Town's Conservation Element includes goals to conserve creeks and riparian
areas as open space amenities and natural habitat areas, protect native and naturalized trees and
plants, and maintain and enhance the integrity of wildlife habitat, and provides policies and
programs to support these goals as follows:
• Program 1.1 - Continue to require that structures be set back at least 25 feet from the
top of creek banks. To ensure adequate protection of these valuable resources, review
the 25 -foot setback and consider expanding it to the driplines of mature oak trees within
the setback.
• Program 1.2 - Continue to require open space easements along creeks and riparian
corridors to ensure that these areas remain in their natural condition.
• Policy 2.1 - Minimize disturbance of the natural terrain and vegetation.
• Policy 2.2 - Preserve and protect native and naturalized plants, with special attention to
preservation of unique, rare or endangered species and plant communities such as oak
woodlands.
• Policy 2.3 - Preserve and protect Heritage Trees, including native oaks and other
significant trees, on public and private property.
• Policy 3.1 - Maintain and protect creeks and riparian corridors for wildlife that use this
resource for food, shelter, migration and breeding.
(4) The Town's Safety Element includes goals to protect the public from risk of
personal injury and property damage due to natural safety hazards, to minimize the risk of personal
injury and property damage due to seismic and other geologic hazards, and to strive to prevent and.
reduce potential damage related to fire hazards, and provides policies and programs to support
these goals as follows:
• Policy 1.1 - Open space easements, zoning and other land use regulations shall be used
to limit and, in some cases, prohibit development in areas of unstable terrain, active
fault traces, water channels, flood plains, excessively steep slopes and other areas
determined to be hazardous to public welfare and safety.
• Policy 1.2 - Unstable terrain, active fault traces, water channels, flood plains,
excessively steep slopes and other areas determined hazardous to public welfare and
safety shall not be developed unless unobtrusive corrective measures can assure public
safety.
• Policy 2.2 - Locate development so as to avoid geologic hazards, including slope
instability, to the maximum extent feasible.
• Policy 2.3 - In areas with known geologic hazards, limit development to minor
structures and improvements where damage would not threaten human life or cause
significant financial loss.
• Program 2.5 - Continue to require applicants to submit a geotechnical report prepared
by a licensed geotechnical engineer for proposed new residences and major additions
on sites that have a potential geologic hazard. In cases where a geologic hazard is
Ordinance 591 Page 3
confirmed, the engineering recommendations in the geotechnical report shall be
implemented to avoid or mitigate the probable effects of the hazard.
Policy 4.1 - Development shall not be permitted unless an acceptable level of Ere
protection and adequate water supplies can be provided.
(5) The Town adopted local amendments to the Fire Code and the State Residential
Building Standards Code to require compliance with Section R337 (Materials and. Construction
Methods for Exterior Wildfire Exposure) on December 19, 2019 based on identification of the
following unique local climatic, topographic and geologic conditions:
• The Town of Los Altos Hills experiences low humidity, high winds and warm
temperatures during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structure fires.
• The remoteness and steepness of hillside areas in the Town significantly impacts the
ability of emergency responders to extinguish or control wildland or structure fires.
These factors cumulatively mandate special provisions for Fire Department access, fire
protection water supplies, automatic Ere sprinklers, Ere retardant roof coverings and
ignition -resistant exterior materials.
• The Town of Los Altos Hills is geographically situated adjacent to active earthquake
faults capable of producing substantial seismic events. Since the Town is divided by a
freeway and other major traffic corridors, the occurrence of a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should one or
more bridges collapse or be substantially damaged.
• Fire suppression capabilities will be severely limited should the water system be
extensively damaged during the seismic event.
• Roofs and exterior materials that are not ignition -resistant contribute to the spread of
fires, and therefore pose a risk to the safety of the Town's citizens and their property.
(6) The Town of Los Altos Hills is uniquely situated in a semi -rural, hillside
environment with physical limitations to vehicular access, steep slopes with soils and geological
constraints, riparian creek corridors and native oak woodlands. Given the unique landscape,
geological characteristics, topography and terrain in the Town, higher urban densities with
minimal setbacks and buffers between structures is not conducive to minimizing risks related to
wildland. fires, earthquakes and other natural hazards, and minimizing impacts to unique and
sensitive environmental settings.
(7) The Town's standards for residential lots is a one -acre minimum size with a
minimum average width of 160 feet, a front yard setback of at Least 40 feet and side and rear yard
setbacks of at least 30 feet, and a maximum floor area limit of approximately 6,000 square feet per
acre depending on the slope of the lot, and as such, an average residential lot will have a building
envelope area of approximately 20,000 square feet to place a single-family dwelling of up to 6,000
square feet and an accessory dwelling unit of at least 800 square feet.
WHEREAS, this ordinance is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code
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because it is an accessory dwelling unit ordinance that is implementing the provisions of
Government Code Section 65852.2.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, corrected, incorporated herein and made
a part hereof to support the adoption of an ordinance to implement accessory dwelling unit
development standards that are consistent with State legislation to allow any property with an
existing or proposed single-family dwelling to have an accessory dwelling unit and a junior
accessory dwelling unit while also establishing setback requirements that are appropriate for the
physical and environmental context of the community to minimize fore and life safety risks; and
2. This project is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code
because it is an accessory dwelling unit ordinance that is implementing the provisions of
Government Code Section 65852:2.
SECTION II. AMENDMENTS TO THE MUNICIPAL CODE.
1. Article 1.4 entitled "Accessory Dwelling Units" is hereby amended as set forth in
Exhibit A to this Ordinance; and
2. Sections affected by the amendments set forth in Exhibit A shall not be operative
or be enforced until the effective date of this ordinance.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this ordinance are severable. The City
Council of the Town of Los Altos Hills hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be
held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall become effective thirty (30) days from the date of its final passage. Within
fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or a
summary thereof to be published once, with the names of those City Councilmembers voting for
Ordinance 591 Page 5
or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by
law.
INTRODUCED: August 20, 2020
PASSED: September 1.7, 2020
AYES: Mayor Wu, Councilmember Spreen, Councilmember Tyson
NOES: None
ABSTENTIONS: Vice Mayor Tanklla, Councilmember Corrigan
ABSENT: None
City Attorney
BY: _
Michelle
Ordinance 591
Page 6
EXHIBIT A
Title 10. Zoning and Site Development
Chapter 1. Zoning
Article 14. Accessory Dwelling Units
10-1.1401 Purpose and intent.
The purpose of this article is to establish regulations governing the development of
accessory dwelling units on residential zoned properties with a single-family dwelling within the
Town of Los Altos Hills. The establishment of these regulations will encourage the construction
of accessory dwelling units and contribute to the community's housing stock while ensuring that
the new units are consistent with the semi -rural hillside character of the town and do not create
any significant impacts with regards to traffic flow or public safety. The regulations further
promote and achieve the goals and policies in the town's housing element within the general plan
and comply with state laws related to accessory dwelling units, including California Government
Code section 65852.2.
10-1.1402 Definitions.
For purposes of this article, the following definitions apply:
(a) "Accessory dwelling unit" means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and is located on
a lot with a proposed or existing primary residence. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi -family
dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a
manufactured home, as defined in Health and Safety Code section 18007.
(b) "Floor area" is the interior habitable area of an accessory dwelling unit, including
basements and attics, but not including a garage or other non -habitable areas adjacent to the unit.
(c) "Junior accessory dwelling unit" or efficiency unit, means a dwelling unit that is up
to 500 square feet in size and contained entirely within an existing primary dwelling unit that
provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(d) "Lot coverage" is defined the same as, and is equivalent to, development area.
(e) "Primary dwelling unit" means the single-family residence on the property and is
the larger of the two if there is an existing accessory dwelling unit on the property.
(f) "Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of transportation that
charge set fares, run on fixed routes, and are available to the public.
(g) "Secondary dwelling" means the same as an accessory dwelling unit.
10-1.1403 General standards and requirements.
Accessory dwelling units are permitted on all residential properties and subject to the
following general standards and requirements:
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(a) Type and unit size,
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit
are allowed on any lot with an existing or proposed single-family dwelling unit provided
that the lot has adequate access to water and sewer or septic services, or as otherwise
allowed per California Government Code 65852.2(e)(1)(A) and (B).
i. A junior accessory dwelling unit is not considered a separate or new
dwelling unit for purposes of providing service for water, sewer, or power,
including calculation of a connection fee.
(2) The maximum size of a detached accessory dwelling unit that is a studio or
with one (1) bedroom is eight hundred and fifty (850) square feet and the maximum size
of an accessory dwelling unit with more than one (1) bedroom is one thousand (1,000)
square feet.
(3) The maximum size of an attached accessory dwelling unit is one thousand
(1,000) square feet or fifty (50) percent of the primary dwelling's living area, whichever is
less, provided that at least 800 square feet is allowed.
(4) The maximum size of a j unior accessory dwelling unit is five hundred. (500)
square feet.
(5) The size limits specified in this subsection do not apply when an accessory
dwelling unit is created via conversion of existing floor area in an existing structure.
(b) Placement on the lot.
Applications for an accessory dwelling unit shall be ministerially reviewed and
approved by the planning and building departments as provided in section 1.0-1.1406 of
this article. However, an application for an accessory dwelling unit, excluding conversions
of existing floor area, in any of the following locations shall be required to obtain a site
development permit pursuant to section 10-2.301:
(1) Areas encumbered by a recorded easement, including but not limited to,
access easements, conservation easements, general public easements, open space
easements, pedestrian pathway easements and public utility easements;
(2) Areas with slopes that meet or exceed thirty (30) percent;
(3) Areas within twenty-five (25) feet of the top of a creek bank;
(4) Areas within a geotechnical or seismic hazard zone. Review and approval
of a geotechnical and/or geologic report prepared by a licensed geotechnical engineer or
registered civil engineer is required in order to locate a structure within a geotechnical or
seismic hazard zone;
(5) Areas within the critical root zone of a heritage oak pursuant to section 1.2-
2,300. Review and approval of an arborist report prepared by a licensed or consulting
arborist is required if a structure is proposed within the critical root zone of a heritage oak
tree;
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(c) Occupancy.
(1) An accessory dwelling unit or junior accessory dwelling unit may be rented
separately from the primary dwelling unit.
(2) An accessory dwelling unit or junior accessory dwelling unit shall be rented
for a period of no less than thirty-one (31) days and cannot be occupied as a short-term
rental unit, as defined under section 10-1.1202.
(3) Accessory dwelling units and junior accessory dwelling units shall not be
sold or otherwise conveyed separately from the primary dwelling on the property.
(d) Development area and floor area.
(1) An accessory dwelling unit is allowed up to eight hundred (800) square feet
of development area beyond the maximum development area permitted pursuant to section
10-1.502.
(2) An accessory dwelling unit is allowed up to eight hundred (800) square feet
of floor area beyond the maximum floor area permitted pursuant to section 10-1.503.
(3) All accessory dwelling unit development area and floor area beyond the
limits set by subsections (1) and (2) of this section shall conform to the limits specified in
sections 10-1.502 and 10-1.503.
(4) The floor area limits specified in this subsection do not apply when an.
accessory dwelling unit is created via conversion of existing floor area.
(e) Setbacks.
An accessory dwelling unit shall comply with the following setback requirements:
(1) Setbacks for an accessory dwelling unit are as follows:
i. The front yard setback, which is measured from the edge of the
property lines adjacent to the primary public or private street right-of-way or access
easement, shall be forty (40) feet.
ii. The setback from side and rear property lines shall be at least four
(4) feet;
iii. A setback from side and rear property lines of at least thirty (30) feet
is encouraged and can qualify the accessory dwelling unit for incentives pursuant
to section 1.0-1.1407.
iv. All portions of an accessory dwelling unit, include eave overhangs
and other projections, shall meet the required setbacks.
(f) Height.
(1) The maximum height of an attached accessory dwelling unit shall meet the
required height for a primary dwelling unit pursuant to section 10-1.504;
(2) The maximum height of a detached accessory dwelling unit shall be one-
story and sixteen (16) feet.
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(g) Parking and access.
An accessory dwelling unit shall comply with the following parking and site access
requirements:
(1) Vehicular access to an accessory dwelling unit from the nearest public or
private street shall be provided by a common driveway with the primary dwelling;
(2) One (1) on-site parking space is required for accessory dwelling unit as
follows:
i. The parking space may be covered or uncovered and shall be at least
ten (10) feet wide by twenty (20) feet deep;
ii. The space may be provided as tandem parking on a driveway or
located in a setback area, unless specific findings are made by the planning director
that parking in a setback area or as tandem is not feasible based upon specific site
or regional topographical or fire and life safety conditions;
iii. The parking space shall not encroach into a required fire truck
turnaround or obstruct the driveway access to the primary dwelling;
(3) No additional on-site parking shall be required for an accessory dwelling
unit or the primary dwelling unit for any of the following:
i. The unit is a junior accessory dwelling unit;
ii. When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of, or conversion to, an accessory dwelling
unit;
iii. The unit is located within one-half mile walking distance of public
transit;
iv. The unit is located within an architecturally and historically
significant historic district;
V. The unit is converted from existing floor area the primary dwelling
or an existing accessory structure;
vi. When on -street parking permits are required but not offered to the
occupant of the unit;
vii. When the unit is within one block of a car share vehicle.
10-1.1404 Design requirements.
An accessory dwelling unit shall be reviewed and approved without discretionary review
or a hearing. As part of the planning department's ministerial approval, the following objective
design requirements shall be confirmed:
(a) The design of the accessory dwelling unit shall be as follows:
(1) For a detached unit, it shall relate to the design of the primary dwelling by
use of similar exterior wall materials, identified color tones, window types, door and
window trims, roofing materials and roof pitch.
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(2) For attached units, it shall be constructed so that the entire structure appears
to be one dwelling including building form, colors, window styles, and window and door
trims;
(b) For detached units that are within thirty (30) feet of a side or rear property line, the
exterior entrance shall not face a side or rear property line;
(c) Exterior wall colors and materials shall have a light reflectivity value (LRV) of fifty
(50) or less and roof materials shall have a light reflectivity value (LRV) of forty (40) or less;
(d) Exterior building light fixtures shall be shielded and downward facing, and limited
to one (1) exterior light fixture per exterior doorway, or the minimum necessary to comply with
the California Building Standards Code.
10-1.1405 Building and construction
An accessory dwelling unit shall be designed and constructed in compliance with all
applicable requirements of the California Building Standards Code and local code amendments.
In addition, the following requirements shall be confirmed:
(a) An accessory dwelling unit shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation.
(b) An accessory dwelling unit is only required to have fire sprinklers if they are
required for the primary dwelling.
(c) An accessory dwelling unit constructed with a new single-family dwelling on the
same lot must be connected to the public sanitary sewer system or be connected to a private sewage
disposal system that is deemed to be adequate by the Santa Clara County Department of
Environmental Health.
(d) All electrical and utility services to a new detached accessory dwelling unit shall
be undergrounded.
(e) If the existing primary dwelling on the property has overhead electrical and utility
services, and no upgrades to the overhead service are required to serve the new accessory dwelling
unit, then the utility service from the power pole to the primary dwelling is not required to be
undergrounded.
10-1.1406 Permit review process.
Applications for an accessory dwelling unit must be submitted to the building department
on a form and with information and materials as required by the Building Official and the
Planning Director, and shall be approved or disapproved within sixty (60) days after receiving
the complete application. The applicant may request that the sixty (60) day review period be
waived.
10-1.1407 Incentives.
(a) If a detached accessory dwelling unit provides a side and rear yard setback of at
least thirty (30) feet and provides at least one (I) additional on-site parking space, it shall be
eligible for the following incentives:
Ordinance 591 Page l I
(1) The maximum size of the unit shall be increased to one thousand two
hundred (1,200) square feet, provided that the additional development area and floor area
conform to the limits specified in sections 10-1.502 and 10-1.503.
(2) The maximum building height shall be increased to one-story and nineteen
(19) feet.
(b) If an attached accessory dwelling unit provides at least one (1) additional on-site
parking space, it shall be eligible for the following incentive:
(1) The maximum size of the unit shall be increased to one thousand two
hundred (1,200) square feet, provided that the additional development area and floor area
conform to the limits specified in sections 10-1.502 and 10-1.503.
(c) If a junior accessory dwelling unit provides one (1) additional on-site packing space,
it shall be eligible for the following incentive:
(1) The maximum size of the unit shall be increased to six hundred and fifty
(650) square feet.
10-1.1408 Fees.
The city council may establish and set by resolution all fees and charges, consistent with
Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to
effectuate the purpose of this article.
10-1.1409 Accessory dwelling unit amnesty.
Owners of existing non -permitted accessory dwelling units which were constructed or
otherwise in existence prior to December 31, 2019, may apply for a building permit to legalize the
unit subject to conformance with the regulations in this article, the current California building
standards code in effect at the time of the application, and such rules and regulations as may be
adopted by resolution of the city council.
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