HomeMy WebLinkAboutPC 01-24RESOLUTION PC 01-24
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS
HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN
ORDINANCE AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE
LOS ALTOS HILLS MUNICIPAL CODE TO AMEND REGULATIONS RELATING TO
ACCESSORY DWELLING UNITS; GRADING MORATORIUM EXCEPTIONS; LOW
BARRIER NAVIGATION CENTERS; AND EMERGENCY SHELTERS, IN
ACCORDANCE WITH STATE HOUSING LAWS AND LOS ALTOS HILLS 2023-2031
HOUSING ELEMENT
WHEREAS, a severe housing crisis exists in the State of California with the demand for
housing outstripping supply; and
WHEREAS, the State Legislature has enacted a number of laws relating to streamline
approvals of ---housing -development- projects, expand accessory—dwelling -units- ("ADU") -
opportunities; and to promote housing supply, growth and mobility; and
WHEREAS, several pieces of legislation pertaining to ADUs in particular have gone into
effect between 2016 and 2023 which, among other things, require municipalities to ministerially
approve ADUs and Junior ADUs ("JADU"), and to limit local authority to impose standards such
as setbacks, height, lot coverage, and architectural compatibility, parking, and utility connection
and fee requirements; and
WHERE, AS, similarly, the Legislature also enacted Government Code sections 65662 and
65583 to permit emergency shelters and low -barrier navigation centers ("LBNC") as uses by right
in residential and/or mixed use zones, subject to specific objective standards; and
WHEREAS, the adopted and state -certified 2023-2031 Housing Element ("Housing
Element") of the Town of Los Altos Hills ("Town") contains numerous goals, policies and
programs to streamline residential development projects and promote housing opportunities and
mobility, which covers, among other things, the development of ADUs, consideration of wet
season grading moratorium exceptions ander the Grading Ordinance, and the permitting of
emergency shelters/LBNCs in accordance with state law; and
WHEREAS, specifically, the Housing Element considers ADUs an important part of the
Town's site inventory and housing strategy and included a number of programs to remove
constraints and encourage and facilitate ADU developments in Los Altos Hills, including: monitor
and revise the Town's ADU regulations under Los Altos Hills Municipal Code ("LAHMC") Title
10, Chapter 1 (the "Zoning Ordinance") as appropriate to incorporate state legislative
amendments; create ADU survey process to reduce ADU vacancies; and providing housing
resources outreach and referrals to advertise vacant dwellings to find tenants from the larger
region. Housing Element Program B-6 specifies: "monitor state law on an annual basis and revise
the Zoning Ordinance as appropriate... the Town will make any revisions to the ADU ordinance
as necessary per any further State review"; and
WHEREAS, Housing Element Program B-11 requires the Town to amend the current
Grading Ordinance under LAHMC Section 10-2.404 to clarify the City Engineer's ability to
Resolution PC 01-24 Page 1
consider restricting grading permits rather than imposing a blanket requirement, so as to "allow
grading permits to be issued year-round, subject to appropriate conditions of approval for seasonal
constraints"; and
WHEREAS, Housing Element Program E-2 requires the Town to amend its Zoning
Ordinance to ensure emergency shelters are not subject to standards that do not apply to other uses
in the Residential -Agriculture (R -A) zone or development standards that are not objective or
inconsistent with state law, as required by Government Code section 65583(a)(4) and to ensure
compliance therewith; and
WHEREAS, Housing Element Program E-3 requires the Town to, pursuant to
Government Code section 65660 et seq. (as enacted by Senate Bill 48), amend its Zoning
Ordinance to permit LBNCs meeting specific objective requirements by -right in areas zoned for
mixed -uses and Public or Institutional Uses in the R -A zone; and
— - -WHEREAS, to -accomplish -these -Housing -Element programs, the -Town has- prepared- a set
of amendments to LAHMC Title 10, Chapters 1 and 2, to incorporate the legislative changes
identified above and as required by applicable State law (collectively, the "Zoning Text
Amendments"); and
WHEREAS, on May 2, 2024, the Planning Commission held a duly noticed public hearing
to consider the proposed Zoning Text Amendments, at which time all interested parties were
provided an opportunity to give input and participate in the public process; and
WHEREAS, the proposed Zoning Text Amendments 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, including but not limited to those with respect
to amending regulations pertaining to ADUs, wet season grading moratorium considerations, and
permitted uses for emergency shelters and LBNCs; and
WHERE, AS, under the California Environmental Quality Act ("CEQA") Guidelines
Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a
significant effect on the environment, and where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments including the revisions
to the Grading Ordinance do not have a potential for creating a significant environmental effect as
they do not implement any land use projects or issue any entitlements. In addition, modifications
to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17
of the Public Resources Code because they are implementing the provisions of Government Code
Section 66314 et seq. Likewise, the proposed amendments to permit emergency shelters and
LBNCs as by -right uses are not subject to CEQA under Government Code sections 65660 et seq.
and 65583(a)(4) as such approvals are not discretionary actions defined by state law; and
WHEREAS, the proposed Zoning Text Amendments are intended to bring the Town's
ADU regulations in conformance with applicable State law, and to implement policies and
Resolution PC 01-24 Page 2
programs consistent with State Housing Element Law, in a way that protects and promotes public
safety, community welfare, and the Town's character and aesthetic quality.
NOW, THEREFORE, DE 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. Based on the entirety of the record before it, the Planning Commission hereby finds that
this Ordinance is exempt from review under the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public
Resources Code section 21080.17, and Government Code sections 65660 et seq. and
65583(a)(4). Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects
which have the potential for causing a significant effect on the environment, and where it
can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to CEQA. In this case,
the proposed Zoning Text Amendments do not have a potential for creating a significant
environmental effect as they do not implement any land use projects or issue any
entitlements. Additionally, modifications to regulations pertaining to ADUs are statutorily
exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because
they are implementing the provisions of Government Code Section 66314 et seq. relating
to secondary dwellings. Likewise, the proposed amendments to permit emergency shelters
and LBNCs as by -right uses are not subject to CEQA under Government Code sections
65660 et seq. and 65583(a)(4) since such "uses by right" are not discretionary actions as
defined by state law. CEQA also does not apply to ministerial projects where the approving
agency does not exercise discretion under CEQA Guidelines section 15268.
3. This Ordinance is consistent with and supports the Los Altos Hills General Plan by
implementing housing goals, programs, and strategies in the 2023-2031 Housing Element,
complying with state housing laws and ADU legislation, promoting housing production
and mobility, and implementing requirements relating to emergency shelters and low -
barrier navigation centers as uses by right as required by applicable state law. The
amendments proposed in the Ordinance would accomplish the program goals identified in
the Housing Element and continue to implement the Town's housing strategies in
compliance with state law.
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends the City
Council introduce and adopt the proposed Ordinance in Exhibit A to this Resolution.
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 2nd day of May 2024 by the following
vote:
AYES: Indaco, Couperus, Waschura, Patel, Bredo
NOES: none
ABSTAIN: none
Resolution PC 01-24 Page 3
ABSENT: none
By:
Alisa Bredo, Chad
ATTEST:
rN f�VA c vc'}n-V,
Bradley Evanson,
Community Development Director
Resolution PC 01-24 Page 4
EXHIBIT A
SECTION I. Revisions to Article 14, "Accessory Dwelling Units" of Chapter 1 of Title 10
Sections 10-1.1401, 1403, 1404, 1407, 1409 are amended as follows, with additions in rid
double underline and deletions in stFikethFough. Sections, subsections, paragraphs, and texts
not modified by this amendment are not included below and shall remain in full force and
effect.
Section 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 tow3 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 theme Town's housing element within the general
plan and comply with state laws related to accessory dwelling units, including California
Government Code section 65952.2 66314 et sea.
Section 10-1.1403 General standards and requirements.
(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.` (e)( `(^ ` and (B) sections 66323(a)(1) and (21.
(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 (3 1) 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 propertya unless the
accessory dwelling unit or the primary dwelling was built or developed by a qualified
nonprofit cornoration, and all of the conditions set forth under Government Code
section 66341 (b) — (e) have been satisfied.
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(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. This requirement shall not be construed to prohibit the
construction of an accessory dwelling unit that is in compliance with other
applicable requirements of this article.
(f) Height.
(1) The maximum height of an attached accessory dwelling unit shall e may be up -to
the required maximum 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 on -a -lot with -an-existing or -proposed -primary dwelling unit.
3M For detached accessory dwelling units on a lot with an existing or proposed primary
dwelling that is within one-half of one mile walking distance of a major transit stop or a
high-quality transit corridor as defined under Public Resources Code section 21155the
maximum height shall be 18 feet. or 20 feet where necessary to accommodate a roof pitch
on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling
unit.
(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) No additional on site parking shall be required for an accessory dwelling unit or the
primary dwelling unit if the accessory dwelling unit application is submitted with the
application to create the primary dwelling unit, for any of the following:
i. The unit is a Junior aeoesser-y ,
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 accessory dwelling unit is located within one-half mile walking
distance of public transit;
iv. The accessory dwelling unit is located within an architecturally and
historically significant historic district;
V. The accessory dwelling unit is converted from the proposed or existing floor
area of the primary dwelling or an existing accessory structure;
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vi. When on -street parking permits are required but not offered to the occupant
of the accessory dwelling unit;
vii. When the accessory dwelling unit is within one block of a car share vehicle-
(3)No additional on-site parkins shall be required for a primary dwelling unit for the
construction of a junior accessory dwelling unit.
Section 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 r -elate to match the design of the primary dwelling by
use of sir the same exterior wall materials, identified color tones, window types, door
-- and window trims roofing materials and roof pitch-.;
(2) For attached units, it shall be constructed so that the entire structure appears to be
one dwelling including by use of the same building form, color tones, window s types,
and window and door trims;
Section 10-1.1407 Incentives.
The city council may establish and set by resolution all fees and charges, consistent with
Government Code seefiens 6C852.2 and 6G452.22 66314 et sea., and related provisions, as may be
necessary to effectuate the purpose of this article.
Section 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
subj ect 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. Notwithstanding the foregoing, an application for an accessory
dwelling unit shall not be denied based on the correction of nonconforming zoning conditions.
building code violations, or unpermitted structures that do not present a threat to public health and
safety and are not affected by the construction of the accessory dwelling unit.
SECTION H. Revisions to Article 4, "Grading" of Chapter 2 of Title 10
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Section 10-2.404, "Restrictions during wet season" is hereby amended as follows, with
deletions in strikethrough and additions in red double underline. Other articles, sections,
subsections, paragraphs, and texts not modified by this amendment are not included below
and shall remain in full force and effect.
Section 10-2.404 Restrictions during wet season.
The City Engineer mall may restrict grading operations during the wet season. The wet season is
defined as the period between October 1st and April 30th. The City Engineer may allow grading
to proceed during the wet season if precipitation has been minimal; if the grading technique to be
used will minimize the risk of landslides, erosion, or damage to adjacent properties or
environmentally sensitive areas from soil movement; or if it is in the interest of public health and
safety to permit grading. Following any 24 hour period during the year in which one-half inch or
more of rain has fallen the City Engineer may prohibit grading.
SECTION III. Revisions to Article 2 "Definitions" of Chapter 1 of Title 10
The following new definitions are hereby added to Section 10-1.202, "Designated", shown
in their entirety below and to be inserted in alphabetical order with other definitions.
Other articles, sections, subsections, paragraphs, definitions, and texts not modified by this
amendment are not included below and shall remain in full force and effect.
Emergency Shelter means temporary housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless person. Emergency
shelters may include other interim interventions, including but not limited to, a navigation center,
bridge housing, and respite or recuperative care.
Low -Barrier Navigation Center is a housing -first, low -barrier, service -enriched shelter focused
on moving people into permanent housing that provides temporary living facilities while case
managers connect individuals experiencing homelessness to income, public benefits, health
services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and
may include, but is not limited to, the following:
(1) The presence of partners if it is not a population -specific site, such as for survivors of
domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms
containing more than two beds, or private rooms.
SECTION 1V. Revisions to Article 7 "Residential -Agricultural District (R -A)" of
Chapter 1 of Title 10
Page 4 of 6
Subsection a), "Emergency Shelter Housing", of Section 10-1.702, "Accessory uses and
structures permitted (R -A)", is hereby deleted in its entirety.
Section 10-1.701 , "Primary uses permitted (R -A)", is hereby amended as follows, with
deletions in strikethr-ou h and additions in red double underline. Other articles, sections,
subsections, paragraphs, and texts not modified by this amendment are not included below
and shall remain in full force and effect.
Section 10-1.701 Primary uses permitted (R -A).
The following primary uses shall be permitted in the Residential -Agricultural District:
(a) Primary dwellings; and
(b) Agriculture, except those uses identified as prohibited under Section 10-1.706:; and
c) Emergency shelters, which shall operate under the following standards:
https://ecode360-.cam/43999663Ll� - - - -
A
n emergency shelter shall be located on property designated Institutional on the Town
of Los Altos Hills Land Use Diagram:
(2) No individual may be denied emergency shelter because of the inability to pay.
(3) Required parking shall be based on the number of staff to provide one space per
individual but shall not exceed the parking requirements applicable to other residential
or institutional uses in the same zone as set forth under Article 6 of this chapter. Parking
spaces shall comply with the standards set forth under Section 10-1.601 (al -(c).
(4) The capacity of the shelter shall be limited to that required to meet community needs,
as established by the most recent Town -wide homeless enumeration count:
(5) The maximum number of beds shall be five (5) and length of stay shall not exceed six
(6) months per individual:
(6) Each emergency shelter shall be three hundred (300) feet apart from another emergency
shelter:
(7) The shelter shall be operated by a responsible, licensed social service provider with
experience m managing or providing social services. The provider shall maintain one
qualified on-site supervisor at all times:
(8) Exterior building light fixtures shall be shielded and downward facing, and limited to
one (1) exterior light fixture per exterior doorway: and
(9) A management plan shall be submitted to the Town prior to shelter operation. The plan
shall include the following content: the provision of site security during operational
hours, case management procedures, length of stay, in -take requirements, facility
operation standards, parking, hours of operation, services provided, and a monitoring
and oversight program.
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A new subsection (s), "Low Barrier Navigation Center", is hereby added to Section 10-1.702,
"Accessory uses and structures permitted (R -A)", and shown in its entirety as follows. Other
articles, sections, subsections, paragraphs, and texts not modified by this amendment are not
included below and shall remain in full force and effect.
(s) Low -Barrier Navigation Center.
(1) A low -barrier navigation center shall be located on property designated Institutional and or
Public on the Town of Los Altos Hills Land Use Diagram.
(2) Planning Department approval is required prior to establishing a low -barrier navigation
center project. Such approval shall be ministerial without discretionary review or a hearing.
Upon receipt of an application, the Planning Department shall notify the applicant whether
the application is complete within 30 days pursuant to California Government Code
Section 65943. Action shall be taken within 60 days of a complete application being filed.
(3) A low -barrier navigation center shall meet the fo owing requirements:
i. It offers services to connect people to permanent housing through a services plan
that identifies services staffing.
ii. It is linked to a coordinated entry system, so that staff in the interim facility or staff
who co -locate in the facility may conduct assessments and provide services to
connect people to permanent housing. "Coordinated entry system" means a
centralized or coordinated assessment system developed pursuant to Section
576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal
Regulations, as those sections read on January 1, 2020, and any related
requirements, designed to coordinate program participant intake, assessment, and
referrals.
iii. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the
Welfare and Institutions Code.
iv. It has a system for entering information regarding client stays, client demographics,
client income, and exit destination through the local Homeless Management
Information System, as defined by Section 578.3 of Title 24 of the Code of Federal
Regulations.
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