The URL can be used to link to this page

Home My WebLink About3.4W ITEM 3.4 TOWN OF LOS ALTOS HILLS April, 4, 2013 Staff Report to the Planning Commission, SUBJECT: AMENDMENT TO THE ZONING ORDINANCE VITH REGARD TO THE DEFINITION OF "FAMILY" (Section 104.202 of the Los Altos Hills Municipal Code); FILE #72-13. FROM: Brian Froelich, AICP, Associate Planner— APPROVED BY:, Debbie Pedro, AICP, Planning Director,�Df , RECOMMENDATION: That the Planning Commission: . Review the staff report and attached Zoning Ordinance amendment - and forward. a recommendation to the City Council to adopt the proposedamendments to Los Altos Hills Municipal Code Title 10, Chapter 1; Article 2 - Definitions. BACKGROUND - Pursuant to .Policy. R, Program 34 of the 2009 Housing Element adopted by the City Council on November 18,;2010;"the definition of "family" within the'Zonmg Ordinance is,:required-.to be amended to be inclusive and nondiscriminatory. (Attachment #2 — Housing Element page HE -65) The proposed amend%ment will align - the Town's definition . of "family" .with the definitions- found' in the State's Health '�aind Safety `Code and in= 'the Welfare-' and Institutions 'Code: Case law has furthei applied a broad: definitionof family to other aspects of law, including zoning and housing laws. Most specifically in a decision by the California Supreme Court, in City of Santa Barbara v. Adamson (1980), the Court struck down the- definition of family in the Santa Barbara Municipal Code: wlucf made = a distinction between related and unrelated persons in setting occupancy limits for single family homes. The Santa Barbara Municipal Code had previously defined family as:. Either. 1) an individual or two or more persons related °by 'blood; marriage, or adoptidn'living together as a single housekeeping unit, or 2) a.group of not to exceed five persons; excluding servants.' The Court ruled that this definition- violated an individual's constitutionally guaranteed right to privacy by .infringing on the right to choose with whom one lives. The current Los Altos Hills definition of family in the Title 10, Chapter 1, and Article 2 of the Municipal Code is: Staff Report to the Planning Commission Family Definition April 4, 2013 Page 2 of 2 Family means one person living alone, or two (2) or more persons all related to each other by blood, marriage, or legal adoption, together with necessary domestic employees, or a group not exceeding four (4) persons living as a single household unit. DISCUSSION According to the State's Department of Housing and Community Development (HCD) there are two limitations when writing a definition of family: • .Jurisdictions may not distinguish between related and unrelated individuals. • The definition may not impose a numerical limit on the number of persons in a. family. Draft "Family" definition: 10-1.202 Definitions: Family --m-means one person or two or more individuals living together in a dweing, sharing household responsfbilitfes and activities, and having close social or economic or psychological commitments to each other. ' This change is consistent with. HCD's recommendations and the California Supreme Court decision. CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under.Section 15305, Minor Alterations in Land Use Limitations. ATTACHMENTS 1. Draft Ordinance to the Los Altos Hills Municipal Code. Sections 10-1.202 (Definitions — "Family") 2. Program. 34 - 2009 Housing Element page HE -65 ATTACHMENT 1 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS 10-1.202 OF THE MUNICIPAL CODE WITH REGARD TO THE DEFINITION OF "FAMILY" WHEREAS, -the City Council of the Town of Los Altos Hills ("Town") wishes to amend the Municipal Code Title 10, Chapter 1, Article 2 with regard to the definition of "family". NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section 10-1.202 of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: 10-1.202 Designated Famity mean VL marria-' Flr ��►}gyp not ritu-ee ing feuf bdeptien' (4) Y i live as a sk-%4e househeld wtu•t Family means one .person or two or more :individuals living together '"in" `a:;dwelling sharing Household responsibilitiesand activities, and having close social or` -economic or psychological: commitments to each other. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the, remainder. of _011s.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.._:. . 3. EFFECTIVE DATE, PUBLICATION. This ordinance shall. become effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Council Members voting for or against it, rin the; Los Altos Town Crier, a newspaper of general circulation in the Town of :Los Altos Mills, as required by law. INTRODUCED: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: City Attomey BY: Mayor 2 of 2 ATTACHMENT 2 R Policy Address the housing needs of persons with special needs, including persons with disabilities, and persons in need of emergency or transitional housing. 34. Program As part of this Housing Element, the Town has conducted a review of zoning, building codes, and permit processing, and has identified the following actions appropriate to . better facilitate the provision of accessible housing: • Amend the definition of "family" within the zoning ordinance to be inclusive and non-discriminatory. • Establish written procedures for reasonable accommodation requests for persons with disabilities with respect to zoning, permit processing and building laws. Time Frame: Zoning Ordinance Revisions by December 2012 . Responsible Agency: Planning/City Manager' Quantified- Objective: N/A 35. Program Refer any individual or household in need of einergency shelter to appropriate agencies and organizations.' Time Frame: Ongoing Responsible Agency: Planning/City Manager Quantified Objective: N/A 36'. Program As required by State Law, amend the Zoning Ordinance to allow an emergency/homeless shelter at the Foothill Community College District site by right. It will be. allowed as a permitted use without a conditional- use permit or other discretionary permit. The size of the District property is adequate , to accommodate future, potential- homeless population in the Town. The Foothill parcel is 122 acres, with over 20 acres of undeveloped land. This is rare part of Los Altos. Hills that is close to public transit and other services, and. is thus the most realistic area for an emergency shelter - larger,. flatter, and more connected than most of the Town: In addition, the landowner/major stakeholder has been involved in the conversation about the rezoning to allow for emergency shelters and is amenable to .the potential for an emergency shelter. The Town will also permit single room occupancy Draft 2009 Housing Element Los Altos Hills General Plan Page HE- 65