HomeMy WebLinkAbout599ORDINANCE 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.
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f. The Town topography consists of ridgelines, rolling foothills and deeply wooded canyons that
contain highly combustible dry grass, weeds, and brush. These hilly and open space areas are
present throughout the Town and adjacent to residential developments. Because of these
geographic characteristics, the Town is uniquely concerned about fire risks and associated hazards
such as providing sufficient entry space for emergency responders and citizen evacuations.
Likewise, the risks of associated power outages, property damages and life injuries resulting from
such fire hazards are significantly higher in Los Altos Hills in comparison to other municipalities
because of the characteristics of this community. The Town's zoning and development
requirements, for example, include various regulations mandating required driveway width and
fire access rules for developers undertaking residential projects. The Town thus has a legitimate
and substantial interest in protecting against such fire risks and associated hazards by regulating
and ensuring the continued, orderly development of residential projects.
g. The Town's geologic and topographic characteristics also increase the likelihood of landslide
and other hillside grading hazards. The Town currently implements grading policies and annual
grading moratoria (October 1 to April 30) to protect public and private roads and residential
neighborhoods against sloped conditions, preserve site landforms, and protects against landslides
or related hazards resulting from weather conditions. The orderly development of residential
projects and related tasks are crucial in maintaining these protections in place.
h. The Town is located in a uniquely semi -rural surrounding with vast open space areas and
wildlife corridors. Parcels within Los Altos Hills are also often subject to conservation easements
that restrict development in order to maintain the scenic, natural, open space, and other natural
characteristics of the land. The Town has imposed various development regulations to preserve
these characteristics and comply with the restrictive nature of these covenants. In addition, the goal
of these development regulations are aimed to preserve neighborhood privacy and protect against
intrusions such as noise and trespass. The Town has a legitimate and substantial interest in abiding
by restrictive covenants and maintaining its semi -rural characteristics by ensuring the orderly
development of residential projects.
i. In sum, 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 easements. These areas are exposed to significant fire risks, power outage
issues, property damage hazards, and potential injuries to persons. The Town has substantial
interests in protecting the community against these hazards and restrictions while 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.
j. The default standards contained in the new state law include no objective zoning, subdivision,
and design standards, including those contained in the Town's Zoning Ordinance such as, for
example, floor area, height, fencing regulations, subdivision and site development standards and
regulations that require development projects including accessory dwelling units be designed to
protect against natural hazards, being consistent with restrictive covenants, and respect the visual
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and acoustic privacy of principle structures on contiguous lots and to preserve the scenic views of
principal structures on contiguous lots.
lc. The regulations contained in Ordinance No. 598 are intended to address the foregoing concerns
which present an immediate threat to the public health, safety and welfare, such as including access
and driveway regulations that would permit emergency vehicle access and meet fire safety
standards; providing for fire sprinkler and fire wall separation requirements; setting forth height
and setback requirements; requiring sewer connection or private wastewater system; setting forth
objective design and privacy screening requirements; establishing affordable housing
requirements; mandating compliance with existing easements and slope requirements when
constructing a dwelling; implementing utility undergrounding requirements; and establishing a
streamlined, ministerial project review process.
1. The Town has received multiple public inquiries from architects, developers, and residents
regarding SB 9 development projects and the new state law, underscoring the need for the Town
to update its regulatory scheme to bring it into compliance with the requirements of the bill.
in. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design
standards consistent with the bill's provisions, and to adopt an ordinance to implement its
provisions. SB 9 further provides that such ordinances are not considered a "project" under the
California Environmental Quality Act (CEQA). In addition, California Government Code Section
65858 authorizes the Town to adopt an interim urgency measure by a four-fifths (4/5ths) vote
where necessary to protect the public health, safety, and welfare without following the procedures
otherwise required prior to adoption of a zoning ordinance.
n. On November 18, 2021, the City Council conducted a noticed public hearing pursuant to
Government Sections 65090 and 65858 and adopted Urgency Ordinance No. 598 which
temporarily amended the Los Altos Hills Zoning Ordinance for the purpose of amending its local
regulatory scheme pertaining to single-family home developments and subdivisions in a manner
that complies with the new state law and is consistent with California Government Code Sections
65852.2land 66411.7, as amended.
o. Section 65858(b) of the California Government Code provides that Ordinance No. 598 shall
expire and be of no further force and effect forty-five (45) days from its date of adoption.
p. Section 65858(b) of the California Government Code provides that prior to the expiration of
Ordinance No. 598 the City Council may extend the ordinance for twenty-two (22) months and
fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code
and conducting a public hearing.
q. On December 16, 2021, the City Council authorized the issuance of a written report describing
the measures and actions taken by the Town to alleviate the circumstances and conditions which
led to the adoption of Ordinance No. 598 since its adoption on November 18, 2021, as
required by Government Code section 65858(d) ("Council Report").
r. Based on the Council Report, the City Council has determined that the circumstances and
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conditions that led to the adoption of Ordinance No. 598 which are set forth in the above recitals
and the recitals of Ordinance 598 and are fully incorporated herein by this reference, have not been
alleviated as of the date of this Ordinance and continue to create the concerns described in
Ordinance No. 598.
s. The City Council now seeks to extend the temporary amendments to the Los Altos Hills Zoning
Ordinance for the purpose of amending its local regulatory scheme pertaining to single-family
home developments and subdivisions in a manner that complies with the new state law and is
consistent with California Government Code Sections 65852.21and 66411.7, as amended, and as
currently authorized under Ordinance No. 598 in order to continue studying possible permanent
amendments to the Town's zoning regulations to regulate SB 9 developments and subdivisions.
t. The purpose of extending Ordinance No. 598 is to avoid the potentially significant adverse
impacts to the public's health, safety, and welfare described in Ordinance No. 598 and the
foregoing recitals.
u. As described in the foregoing recitals, the City Council finds that there exists a current and
immediate threat to the public health, safety and welfare if applicable permits for SB 9 projects
are approved and such subdivisions are implemented and/or units are constructed, without
adhering to or are in conflict with the standards and protections set forth in the Town's subdivision
and zoning ordinance. Additionally, these projects could be developed in a manner in conflict
with the zoning and subdivision regulations for housing projects that are currently being developed
by the Town in order to streamline and standardize review.
v. The City Council further finds that this proposed interim ordinance would not have the effect of
precluding permitting or construction of single- or multi -family residential units, nor would it have
the effect of denying approvals needed for the development of multifamily units or projects with
a significant component of multifamily housing. The proposed interim urgency ordinance would
amend the Town's zoning ordinance to be consistent with newly adopted Government Code
Sections 65852.21 and 66411.7, and would expand the types, size, and number of residential units
to be permitted and constructed in zones where single residential uses are permitted, and therefore
would in fact result in a larger number of residential units than under the current zoning
regulations.
w. The City Council finds and determines that the immediate preservation of the public health,
safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to
Government Code Section 65858 and take effect immediately upon adoption. Therefore, this
Ordinance is necessary for the immediate preservation of the public peace, health, safety and
welfare and its urgency is hereby declared.
x. The City Council has determined there is a need to extend Ordinance No. 598 for an additional
twenty-two (22) months and fifteen (15) days as authorized under section 65858(b) of the
California Government Code, so that the extension expires at 12:00 am on October 31, 2023.
y. On December 16, 2021, the City Council conducted a duly noticed public hearing to consider
the extension of Urgency Ordinance No. 598. The notice and public hearing required by section
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65858(a) of the California Government Code for the extension of Ordinance No. 598 have been
provided in accordance with applicable law.
z. Adoption of this urgency interim ordinance shall constitute an extension of Ordinance No. 598
pursuant to section 65858 of the California Government Code.
aa. During the effective term of the urgency ordinance, Town staff intends to undertake further
study and present its recommendations to the City Council regarding permanent revisions to the
Town's regulatory scheme pertaining to residential development and subdivision projects and
consistent with the goals and policies of the Town's General Plan, California Planning and Zoning
Law, and the provisions of California Government Code Section 65858.
bb. Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines,
this ordinance is exempt from CEQA based on the following:
(1) This Ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical
change in the environment, directly or ultimately.
(2) This Ordinance is categorically exempt from CEQA under Section 15308 of
the CEQA Guidelines as a regulatory action taken by the Town pursuant to its
police power and in accordance with Government Code Section 65858 to assure
maintenance and protection of the environment pending the evaluation and
adoption of contemplated local legislation, regulation and policies.
(3) This Ordinance is not subject to CEQA under the general rule in CEQA
Guidelines Section 15061(b)(3) that CEQA applies only to projects which have
the potential for causing a significant effect on the environment. For the reasons
set forth in subparagraphs (1) and (2), above, it can be seen with certainty that
there is no possibility that this ordinance will have a significant effect on the
environment.
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, correct, incorporated herein and made a
part hereof such that there exists a current and immediate threat to the public health, safety, and
welfare requiring immediate implementation of an urgency ordinance to regulate residential
development projects, subdivisions and site developments in the Town of Los Altos Hills.
2. Based on the facts and record presented before it, the City Council finds that there
exists a current and immediate threat to the public health, safety and welfare if applicable permits
Ordinance 599 Page 5
for SB 9 projects are approved and such subdivisions are implemented and/or units are constructed,
without adhering to or are .in conflict with the standards and protections set forth in the Town's
subdivision and zoning ordinance. As detailed in the foregoing recitals and presented in the record,
a significant number of parcels within the Town are within high fire hazard severity zones,
earthquake fault zones and/or covered by conservation easements. These areas are exposed to
significant fire risks, power outage issues, property damage hazards, and potential injuries to
persons. In addition, the Town's unique topography and semi -rural character also creates
geological, privacy, noise and environmental preservation issues that the Town has aimed to
address through its zoning and development regulations. The Town has substantial interests in
protecting the Los Altos Hills community against these hazards and restrictions while promoting
development projects and ensuring their orderly progress. Additionally, without interim
regulations, SB 9 projects could be developed in a manner in conflict with the zoning and
subdivision regulations for housing projects that are currently being developed by the Town in
order to streamline and standardize review.
3. This proposed interim urgency ordinance would not have the effect of precluding
permitting or construction of single- or multi -family residential units, nor would it have the effect
of denying approvals needed for the development of multifamily units or projects with a significant
component of multifamily housing. The proposed interim urgency ordinance would amend the
Town's zoning ordinance to be consistent with newly adopted Government Code Sections
65852.21 and 66411.7, and would expand the types, size, and number of residential units to be
permitted and constructed in zones where single residential uses are permitted, and therefore would
in fact result in a larger number of residential units than under the current zoning regulations.
4. The urgency ordinance is necessary for the immediate preservation of the public
peace, health, and safety because the subdivision of lots and design and construction of single-
family residences, duplexes and accessory dwelling units pursuant to SB 9 without adequate
standards can cause: exposure to fire, earthquake, landslide, and other natural and environmental
risks; inconsistencies with restrictive covenants; and land use and site development conflicts and
incompatibilities including public safety, visual, privacy, acoustic and aesthetic impacts, all of
which .would negatively impact the public welfare and the unique quality and character of the
Town.
5. Based on the recent amendments to state law with respect to the regulation of SB 9
units and lot subdivisions, there is a need for the Town to update its current codes.
6. (1) This Ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in the
environment, directly or ultimately.
(2) This Ordinance is categorically exempt from CEQA under Section 15308 of
the CEQA Guidelines as a regulatory action taken by the Town pursuant to its police power and
in accordance with Government Code Section 65858 to assure maintenance and protection of the
environment pending the evaluation and adoption of contemplated local legislation, regulation
and policies.
(3) This Ordinance is not subject to CEQA under the general rule in CEQA
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Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. For the reasons set forth in subparagraphs (1)
and (2), above, it can be seen with certainty that there is no possibility that this ordinance will
have a significant effect on the environment.
SECTION II. AMENDMENT.
A new Article 15, entitled "Objective Standards for Qualified Senate Bill 9 Subdivisions
and Development Projects" is hereby added to Chapter 1 of Title 10 of the Los Altos Hills
Municipal Code to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated
as though set forth in full herein.
SECTION III. CONFLICTING PROVISIONS DEEMED INEFFECTIVE DURING
ORDINANCE OPERATIVE PERIOD.
Any provision of the Municipal Code relating to residential development and lot
subdivision standards which is in conflict with this ordinance is hereby deemed ineffective during
the ordinance's operative period.
SECTION IV. 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 V. EFFECTIVE DATE AND PUBLICATION.
This ordinance is an urgency ordinance enacted under California Government Code 65858.
This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council.
This urgency ordinance shall be of no further force and effect twenty-two (22) months and fifteen
(15) days (October 31, 2023 at 12:00 a.m.) from its date of adoption.
Within fifteen days after the passage of this ordinance, the Town Cleric shall cause this ordinance
or a summary thereof to be published once, with the names of those Town Councilmembers voting
for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required
by law:
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INTRODUCED: December 16, 2021.
PASSED: December 16, 2021
AYES: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley
Mok, Councilmember Lisa Schmidt, Councilmember Kavita Tankha
NOES: None
ABSTENTIONS: None
City Clerk
APPROVED S TO FORM:
City Attornely
5028764.1
Ordinance 599 NIP 8
EXHIBIT A
Title 10. Zoning and Site Development
Chapter 1. Zoning
Article 15. Objective Standards for Qualified Senate Bill 9 Subdivisions and
Development Projects
10-1.1501 Purpose and Intent.
The purpose of this article is to establish objective standards and regulations to govern the
development of qualified Senate Bill 9 subdivisions and development projects on residential zoned
properties within the Town of Los Altos Hills. The establishment of these regulations will result
in the orderly subdivision and development of qualified Senate Bill No. 9 (2021) ("SB 9") projects
while ensuring that the new units are consistent with the semi -rural character of the Town and do
not create any significant impacts with regards to public infrastructure or public safety. The
regulations are established to implement the requirements under California Government Code
Sections 65852.21 and 66411.7.
10-1.1502 Definitions.
For purposes of this article, the following definitions apply:
(a) "Accessory dwelling unit" or "ADU", 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 parcel 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
Section 18007 of the Health and Safety Code.
(b) "Dwelling unit" includes an ADU, JADU, a primary dwelling unit, and a SB 9 dwelling
unit.
(c) "Junior accessory dwelling unit" or "JADU", 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) "Conservation Easement" means restrictive covenants that run with the land and bind
upon successive owners that protects against future development such as preservation of
open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open
space and riparian easements are included in this definition.
(e) "Existing dwelling unit" means a primary dwelling unit or other dwelling unit on a parcel
that exists prior to any voluntary demolition or reconstruction or remodel where no more
than 50% of the exterior wall framing has been removed or altered. Any existing dwelling
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unit where more than 50% of the exterior wall framing has been removed is considered
a new dwelling for purposes of this article.
(f) "Panhandle" means the narrow strip of land on a flag lot, typically less than 30 feet in
width, that provides access to a public or private road.
(g) "Primary dwelling unit" means a single-family residence on the parcel and is the larger
of the two if there is an existing accessory dwelling unit on the parcel.
(h) "Private Road" means a road, way, or street in private ownership and under private
maintenance, not offered for dedication as a public road, way, place, or street, which
affords the principal means of access to three or more lots or parcels which do not have
frontage on a public street.
(i) "SB 9 dwelling unit" or "SB 9 unit" means a dwelling unit that is developed using the
provisions in this article and the provisions identified in California Government Code
Sections 65852.21 and 66411.7.
10-1.1503 Eligibility of properties for a subdivision.
The following parcels are not eligible for a subdivision under this article:
(a) Any parcel that was established through a prior exercise of a subdivision as provided for
in this article.
(b) Any parcel proposing to be subdivided that is adjacent to another parcel where either the
owner of the parcel proposing to be subdivided or any person acting in concert with said
owner has previously subdivided that adjacent parcel using the provisions in this article.
For the purposes of this article, "any person acting in concert" with the owners includes,
but is not limited to, an individual or entity operating on behalf of, acting jointly with, or
in partnership or another form of cooperative relationship with, the property owner.
(c) Any parcel located within an historic district or included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within
a site that is designated or listed as a Town of Los Altos Hills or Santa Clara County
landmark or historic property or district pursuant to a Town of Los Altos Hills or Santa
Clara County ordinance.
(d) Any parcel where the subdivision would require the demolition or alteration of any of
the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
(3) A parcel or parcels on which an owner of residential real property has exercised the
owner's rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date that the
development proponent submits an application.
(4) Housing that has been occupied by a tenant in the last three years.
(e) Any parcel fully encumbered with a conservation easement or identified for conservation
in an adopted natural community conservation plan pursuant to the Natural Community
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Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3
of the Fish and Game Code), habitat conservation plan pursuant to the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
resource protection plan.
(f) Any parcel that is designated prime farmland or farmland of statewide importance, as
defined pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps prepared by
the Farmland Mapping and Monitoring Program of the Department of Conservation, or
land zoned or designated for agricultural protection or preservation by a local ballot
measure.
(g) Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the
parcel.
(h) Any parcel within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Government Code Section 51178, or within
a high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code. This subsection does not apply to parcels that have been excluded from
specific hazard zones by actions of the Town pursuant to Government Code section
51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to
existing building standards or state fire mitigation measures applicable to the
development.
(i) Any parcel with a hazardous waste site that is listed pursuant to Government Code
Section 65962.5 or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the
State Department of Public Health, State Water Resources Control Board, or Department
of Toxic Substances Control has cleared the site for residential use or residential mixed
uses.
(j) Any parcel within a special flood hazard area subject to inundation by the 1 percent
annual chance flood (100 -year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by the FEMA. However, a
subdivision and/or development project may be located on a parcel described in this
subsection if (1) the parcel is otherwise eligible for approval under the provisions of this
article and (2) the project applicant is able to satisfy all applicable federal qualifying
criteria demonstrating either of the following are met:
(1) The site has been subject to a Letter of Map Revision prepared by the FEMA and
issued to the Town.
(2) The site meets FEMA requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program pursuant to Part 59
(commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of
Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(k) Any parcel within a regulatory floodway as determined by the FEMA in any official
maps published by the FEMA, unless the subdivision and/or development project has
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received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the
Code of Federal Regulations.
(1) Any parcel containing habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected species, or species
protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game Code).
10-1.1504 Objective standards and requirements for a subdivision.
The following objective standards and regulations apply to all subdivisions under this article:
(a) A Parcel Map and a Subdivision Application shall be submitted to the Town for all
proposed subdivisions.
(b) The subdivision shall create no more than two new parcels of approximately equal area
provided that one parcel shall not be smaller than 40 percent of the lot area of the original
parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than
1,200 square feet in area.
(c) Existing parcels shall be split approximately perpendicular to the longest contiguous
property line.
(d) The subdivision shall not result in a new parcel with an average width that is less than
the average width of the original parcel. Any panhandle on a flag lot shall not be used to
calculate the average width. However, this requirement shall be waived if the subdivision
applicant demonstrates that it would prohibit a subdivision that otherwise meets the
requirements of subsection (b).
(e) The front parcel line of any newly created parcel shall be the parcel line that is closest to
or parallel to the public or private road that serves the parcel.
(f) A 25 -foot -wide panhandle (for a flag lot) or an ingress/egress easement shall be provided
for all new parcels that do not have direct frontage on a public or private road. Driveway
access to the new parcels shall be shared unless the new driveways are a minimum of
100 feet apart.
(g) Easements for access and public and private utilities shall be provided for any newly
created parcel that does not front on a public or private street.
(h) Separate utility meters shall be provided for each parcel prior to recordation.
(i) All newly created parcels shall be connected to public sewer or provide a private
wastewater system that is fully contained within the new parcel boundaries.
(j) No setbacks shall be required for an existing structure on the parcel from a proposed
parcel line.
(k) The subdivision is subject to all impact or development fees related to the creation of a
new parcel.
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(1) Upon receipt of a subdivision application using the provisions of this article, the Town
shall notify all owners and occupants within a 500 -foot radius from the subject parcel
that a parcel map has been filed with the Town.
(m) A note on the parcel map and a recorded deed restriction in a form approved by the City
Attorney's Office shall be applied to all newly created parcels indicating that the parcel
was split using the provision of this article and that no further subdivision of the parcels
is permitted. In addition, the deed restriction shall stipulate that all new units developed
on the new parcels shall be income restricted to low and very low-income households
based on the most recent Santa Clara County Area Median Income (AMI) levels.
(n) Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit
stating that the applicant intends to reside in one of the proposed or existing primary
dwelling units or SB 9 units for three years from the date of the approval of the
subdivision. This requirement shall not apply if the applicant is a community land trust
or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the
Revenue and Taxation Code.
10-1.1505 Objective standards and requirements for new dwelling units on a parcel that
is not being subdivided.
The following objective standards and regulations apply to all new development on a parcel,
including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary
dwelling, that are developed under the provisions of this article on a parcel that is not being
subdivided:
(a) The following development is permitted on the parcel:
(1) a primary dwelling unit and an SB 9 unit (or two SB 9 units);
(2) an ADU; and
(3) a JADU
No more than three detached dwelling units are permitted on the parcel.
(b) The maximum floor area (MFA) and maximum development area (MDA) permitted on
the parcel shall be determined through the Lot Unit Factor (LUF) number as defined in
Section 10-1.202 of the Municipal Code, excepting that 800 square feet of additional
floor area and development area beyond the MFA/MDA is permitted for an ADU and
800 square feet of additional MFA/MDA is permitted for an SB 9 unit that is not the
primary dwelling.
(c) The maximum floor area of an SB 9 unit shall be 800 square feet. Basements and bunkers
are not permitted.
(d) The minimum setback for any new SB 9 dwelling unit shall be 40 feet from the front
parcel line and four (4) feet from the side and rear parcel lines.
Exception:
No setback is required for a new SB 9 dwelling unit constructed in the same location as
an existing structure on the parcel.
Incentive:
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If the SB 9 dwelling unit meets the 40 -foot front yard and 30 -foot side and rear yard
setbacks, the maximum floor area can be up to 1,600 square feet where 800 square feet
is included in the MFA calculated pursuant to subsection (b) above (basement or bunker
not permitted). The parcel owner utilizing this incentive shall record a deed restriction in
a form approved by the City Attorney's Office stipulating that no further subdivision of
the parcel is permitted.
(e) The maximum height of the SB 9 dwelling unit shall be 16 feet.
(f) One uncovered parking space, located a minimum of 40 -feet from the front parcel line
and 30 feet from the side and rear parcel lines, is required for each dwelling unit, except
as provided in Section 10-1.1403(g)(3) of the LAHMC or California Government Code
Section 65852.21(c)(1)(A)(B).
The parking space shall be at least 10 feet wide by 20 feet deep.
(g) A solid (no openings) one-hour rated fire wall is required between any SB 9 unit and the
primary dwelling unit or an ADU.
(h) Driveway access to all new units shall be compliant with the Santa Clara County Fire
Department standard details and specifications for driveways and turnarounds.
(i) The owner shall sign and record an affidavit placing a covenant that will run with the
parcel to confirm that the owner will reside in either the primary dwelling unit or an SB
9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit's Certificate
of Occupancy and closing of all construction permits pertaining to the parcel.
(j) All newly created dwelling units shall be connected to public sewer or provide a private
wastewater system that is fully contained within the parcel boundaries.
(k) All outdoor patios, covered patios, decks, and other hardscape shall meet the Town's
minimum 40 -foot front yard and 30 -foot side and rear yard setbacks.
(1) No dwelling unit shall be rented for a period of less than thirty-one (3 1) days and cannot
be occupied as a short-term rental unit, as defined under section 10-1.1202.
(m) An SB 9 dwelling unit may be rented separately from the primary dwelling unit.
(n) Development projects pursuant to this section shall be subject to all impact or
development fees related to the development of a new dwelling unit.
(o) Notwithstanding the foregoing, no housing development project shall be permitted on a
site pursuant to this article if the underlying parcel falls within any provision under
Section 10-1.1503 (c) through (1).
10-1.1506 Objective standards and requirements for dwelling units on a parcel
subdivided pursuant to this article.
The following objective standards and regulations apply to all development on a parcel that has
been subdivided or concurrently subdivided under the provisions of this article:
(a) The following development is permitted on the parcel:
(1) A primary dwelling unit and an SB 9 unit; or
(2) Two SB 9 units.
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(3) If there is an existing primary dwelling unit and ADU on the property, then no
further development is permitted for that property.
(b) The maximum floor area (MFA) permitted on each lot shall be 1,600 square feet.
Exception:
If there is an existing primary dwelling unit on the parcel, then the floor area of the
existing residence cannot be increased, and any SB 9 dwelling unit shall not exceed 800
square feet.
(c) The maximum development area (MDA) permitted on the parcel shall be 1,600 square
feet plus an additional 2,100 square feet.
Exception:
If there is an existing primary dwelling unit on the parcel, then the maximum
development area on the parcel shall be limited to the existing approved development
area on the parcel plus an additional 800 square feet.
(d) Setbacks and Floor Area: The minimum setback for any new primary dwelling unit or
SB 9 dwelling unit shall be 40 feet from the front property line and four (4) feet from the
side and rear property lines and the maximum floor area on the property shall be 1,600
square feet. Basements and bunkers are not permitted.
Exception:
No setback is required for a new SB 9 dwelling unit constructed in the same location as
an existing structure on the parcel.
(e) The maximum height of all new SB 9 dwelling units shall be 16 feet. If there is an
existing primary dwelling on the parcel, then then the maximum height of the existing
residence cannot be increased.
(f) One uncovered parking space, located a minimum of 40 -feet from the front property line
and 30 feet from the side and rear property lines, is required for each new dwelling unit,
except as provided in Section 10-1.1403(g)(3) of the LAHMC or California Government
Code Section 65852.21(c)(1)(A)(B).
The parking space shall be at least 10 feet wide by 20 feet deep. All parking required for
an existing primary dwelling on the parcel shall be retained.
(g) If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one-hour
fire wall between the units is required. In addition, a deed restriction in a form approved
by the City Attorney's Office shall be recorded stipulating that the duplex shall be
maintained as two separate units.
(h) If the parcel is fully developed with the number of units permitted under 10-1.1506 (a)
above, then the applicant or property owner shall record a deed restriction in a form
approved by the City Attorney's Office stipulating that no further development of the
parcel is permitted.
(i) Driveway access to all new units shall be compliant with the Santa Clara County Fire
Department standard details and specifications for driveways and turnarounds.
ordinance 599 Page 15
(j) If the proposed dwelling units are developed subsequent to a subdivision completed
pursuant to this Article, the owner shall sign and record an affidavit placing a covenant
that will run with the parcel to confirm that the owner intends to reside in either the
primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of
an SB 9 dwelling unit's Certificate of Occupancy and closing of all construction permits
pertaining to the parcel.
(k) All newly created dwelling units shall be connected to public sewer or provide a private
wastewater system that is fully contained within the parcel boundaries.
(1) All outdoor patios, covered patios, decks, and other hardscape shall meet the minimum
40 -foot front yard and 30 -foot side and rear yard setbacks.
(m) No dwelling unit shall be rented for a period of less than thirty-one (3 1) days and cannot
be occupied as a short-term rental unit, as defined under section 10-1.1202.
(n) An SB 9 dwelling unit may be rented separately from the primary dwelling unit.
(o) Any development constructed in accordance with this section shall be subject to all
impact or development fees related to the development of a new dwelling unit.
(p) Notwithstanding the foregoing, no housing development project shall be permitted on a
site pursuant to this article if the underlying parcel falls within any provision under
Section 10-1.1503 (c) through (1).
10-1.1507 Objective building and design requirements for all SB 9 dwelling units.
All SB 9 dwelling units 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 dwelling unit shall be as follows:
(1) For a detached unit, the exterior materials and design shall match the design of
any existing primary dwelling unit on the parcel through the use of the same
exterior wall materials, identified color tones, window types, door and window
trims, roofing materials and roof pitch.
(2) For an attached unit, the exterior materials, windows and other architectural
features shall match the existing structure by employing the same building form,
color tones, window design, door and window trims, roofing materials and roof
pitch.
(b) Exterior wall colors and materials shall have alight reflectivity value (LRV) of 50 or less
and roof materials shall have a light reflectivity value (LRV) of 40 or less.
(c) Exterior building lighting shall be fully shielded and downward facing and limited to one
exterior light fixture per exterior doorway, or the minimum necessary to comply with the
California Building Standards Code.
(d) All new dwelling units are required to have fire sprinklers.
(e) All portions of the SB 9 dwelling unit, include eave overhangs and other projections,
shall meet the required minimum setbacks as set forth in this article.
(f) No roof decks are permitted on SB 9 dwelling units.
Ordinance 599 Page 16
(g) A hedge, consisting of 15 -gallon minimum evergreen shrubs at 5 -food intervals, shall
be planted along the parcel line (and outside of any easement) adjacent to the wall of
the SB 9 dwelling unit that is closest to the parcel line.
(h) Structures shall not be located in the following locations:
(1) In areas encumbered by a recorded easement, including but not limited to, public
utility easements, conservation easements, access easements, pedestrian pathway
easements and open space easements;
(2) In areas within twenty-five (25) feet of the top of a creels bank;
(3) In areas within the critical root zone of a heritage Oak as defined in Section 12-2-
101 of the LAHMC. 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.
(4) Within 10 feet of a parcel line where a pathway is designated on the adopted
Master Path Plan for the Town of Los Altos Hills.
(5) Areas with slopes greater than forty percent (40%).
(i) All electrical and utility services to a new dwelling unit shall be undergrounded.
(j) Notwithstanding the foregoing subsections,. any development or design standards that
physically precludes an SB 9 dwelling unit from being 800 square feet in floor area shall
be waived.
10-1.1508 Permit review process.
All applications for lot splits and new development using this article shall be ministerially
approved without public hearings or discretionary review.
10-1.1509 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.
5013263.2
Ordinance 599 Page 17