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Home My WebLink AboutPC09-23RESOLUTION PC 09-23 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE AMENDING TITLE 9 (SUBDIVISIONS AND PLAN LINES) AND TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO ADD ARTICLE 16 TO CHAPTER 1, AND ARTICLE 15 TO CHAPTER 1, RESPECTIVELY, ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND DEVELOPMENT OF QUALIFIED SENATE BILL 9 PROPERTIES WHEREAS, on September 16, 2021, Governor Newsom signed into law Senate Bill 9 ("SB 9"), entitled the "California Home Act". Among other provisions, the bill adds Sections 65852.21 and 66411.7 to the Government Code, and becomes effective on January 1, 2022. WHEREAS, 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. WHEREAS, 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. WHEREAS, 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. WHEREAS, initially on December 16, 2021, pursuant to duly noticed public hearings, and subject to findings of urgency specifying the circumstances constituting the need for the immediate preservation of the public peace, health, and safety, the Town of Los Altos Hills adopted an urgency ordinance and further extended it for an additional twenty-two (22) months to October 2023 to establish certain regulations for Senate Bill (SB) 9 units in light of the need for the immediate preservation of the public health, safety and welfare as specified in the findings supporting the urgency ordinance and its extension. WHEREAS, the Town's 2023-2031 Housing Element considers SB 9 units development an important part of the Town's site inventory and housing strategy; the Housing Element included a Resolution PC 09 -23 Page 1 number of programs to remove constraints, and encourage and facilitate SB 9 unit development in Los Altos Hills. This includes the adoption of a revised, permanent SB 9 ordinance to replace the interim urgency ordinance, new Town policies facilitating increased SB 9 production and increased density in the Residential -Agricultural (R -A) zone, an SB 9 education program, and program to advertise vacant dwellings including SB 9 units to find tenants from the larger region. WHEREAS, specifically, Program B-10 of the Housing Element states the following commitments: (1) Allow SB 9 units constructed on newly created SB 9 parcels to have default floor areas greater than 800 square feet as currently stated in the interim ordinance, and require compliance with the Town's objective design standards which will be prepared as a part of the permanent ordinance; (2) Allow SB 9 units the ability to obtain additional floor areas based on availability of Maximum Floor Area for the parcel and/or adherence to standard setbacks and easement dedication requirements as incentives. Maximum size of SB 9 units constructed on existing parcels will be determined through the Town's Maximum Floor Area/Maximum Development Area formula applicable to single-family residential developments in Town; (2) Remove affordability restriction to promote development of units of all income levels, rather than only affordable units. WHEREAS, as a part of the Town's efforts to adopt a permanent SB 9 Ordinance, the Los Altos Hills Planning Commission formed an ad hoc committee at its October 6, 2022 meeting to undertake initial efforts at formulating relevant regulations. WHEREAS, the ad hoc committee met several times over the course of many months, and the Planning Commission held three (3) duly noticed study sessions on a permanent SB 9 ordinance on December 12, 2022, February 15, 2023, and July 27, 2023, to provide public outreach and participation opportunities and to comprehensively discuss and review drafts or permanent ordinance and pertinent regulations. WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed public hearing to consider a proposed SB 9 permanent ordinance, and recommended the City Council introduce and adopt said ordinance. WHEREAS, the proposed permanent SB 9 ordinance is comprised of regulations that are (1) consistent with SB 9 statutes, state housing laws and Housing Element Law, and the Town's 2023- 2031 Housing Element inclusive of Program B-10 and its commitments; (2) oriented towards achieving the Town's housing goals and implement its housing mobility, fair housing, and other regional housing obligation strategies and goals; and (3) utilize a carefully balanced approach and create objective zoning, design, and subdivision standards to, preserve the Town's natural beauty including the hills and views of the Bay, and significant residential communities, address hazards relating to fire, earthquake, geology and other natural conditions unique to the Town, and provide reasonably regulated and orderly development of single family residential construction and subdivision projects. WHEREAS, 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). Resolution PC 09 -23 Page 2 NOW, THEREFORE, BE IT RESOLVED based on the entirety of the record before it, the Planning Commission of the Town of Los Altos Hills makes the following findings: All of the facts and recitals above are true, correct, incorporated herein and made a part hereof. 2. This Ordinance is exempt from CEQA pursuant to Government Code sections 65852.210) and 66411.7(n). 3. The proposed amendments to the Zoning Code and Subdivision Ordinance are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, and utilize a carefully balanced approach and create objective zoning, design, and subdivision standards to preserve the Town's unique characteristics while remaining in compliance with SB 9 and state housing laws. 4. The proposed ordinance is intended to establish comprehensive requirements and standards for the development and subdivision of qualified SB 9 properties in a way that protects and promotes public safety, community welfare, and the Town's character and aesthetic quality, and complying with applicable state housing laws. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends the City Council introduce and adopt the proposed SB 9 permanent ordinance as shown in Exhibit A, Errata Sheet, and the following changes to this resolution. • Restrict the height of all SB 9 Units to a maximum of sixteen (16) ft; • The entire basement area shall count towards MFA if any part is daylighted; • For LUFs greater than .5, the maximum size for one SB 9 Unit is 3,000 square feet; • For LUFs equal or less than .5, the maximum size for one SB 9 Unit is 2,000 square feet; • Strike the language on page 4 of the errata sheet, Item 10-1.1506 (w) "excluding any outdoor stair and associated landing"; • "Landscape plantings shall be planted" should instead read, "shall be planted and maintained;" • The lightwell for basement shall be three (3) feet by nine (9) feet maximum size. • The default maximum size of the unit is 900 square feet, when the unit is outside the 4 - foot rear and side setbacks; • In addition to the table outlining the parking requirements, add "no more than seven (7) required parking spaces shall be required on a parcel"; • Tree lights should be prohibited for an SB 9 application; • In the planting guidelines, add the language "avoid planting in easements other than open space easements"; • If the units are in the setbacks, then they are restricted to the default 900 square feet; • Make all clerical and grammatical corrections. Resolution PC 09 -23 Page 3 The above and foregoing Resolution was passed and adopted by the Planning Commission of the Town of Los Altos Hills at a regular meeting held on the Yd day of August 2023 by the following vote: AYES: Patel, Waschura, and Couperus NOES: Bredo and Indaco ABSTAIN: ABSENT: By: �. Alisa Bredo, hair ATTEST: Elaine Ling Interim Communi evelopment Director Resolution PC 09 -23 Page 4