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HomeMy WebLinkAbout615 w Exhibit A RedlinedORDINANCE 615 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO ADOPT REGULATIONS RELATING TO EMPLOYEE HOUSING, FARMWORKER HOUSING, RESIDENTIAL CARE FACILITIES, SINGLE ROOM OCCUPANCY (SRO), SUPPORTIVE HOUSING, AND TRANSITIONAL HOUSING AS PERMITTED LAND USES IN THE R-A ZONING DISTRICT IN ACCORDANCE WITH PROGRAMS E-4, 5, 8 AND 9 OF THE 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 and to promote housing supply, growth and mobility; 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 streamlining of approval timeframes, the preparation and use of objective standards, and updating project review processes to promote housing development opportunities and in accordance with state law; and WHEREAS, specifically, the Housing Element contains Programs E-4, 5, 8 and 9 that relate to implementing certain supportive housing and related housing uses required by state law. These programs require the Town to amend its Zoning Code to allow or continue to allow and encourage such uses. These programs require the following: •E-4: Transitional and Supportive Housing. Pursuant to AB 2162 and AB 2988, supportive housing meeting certain criteria must be permitted by-right where residential uses are permitted. Permit transitional and supportive housing as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Review AB 2162 and amend Zoning Ordinance to ensure compliance. The Town will ensure compliance with all state law regarding transitional and supportive housing. This includes ensuring transitional and supportive housing is allowed as a residential use in all zones allowing residential uses and is only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. To establish additional zoning opportunities for a variety of housing types, transitional and supportive housing will be allowed, as required by state law, in the multifamily overlay zone and any future zones that will be created through Program A-1 (the multi-family rezoning program). •E-5: Residential Care. The Town will update its code to expressly permit the development of residential care facilities (6 or fewer residents) in residential zones. Adopt objective standards for residential care homes with 7 or more individuals in residential zones. •E-8: Farmworker and Employee Housing. Pursuant to Health and Safety Code sections 17021.5, 17021.6, and 17021.8, define and permit employee housing in compliance with the Employee Housing Act. Revise zoning to allow farmworker housing in all agricultural zones throughout the Town. •E-9: Single Room Occupancy (SROs). Continue to allow SROs on public and institutional land uses. Implement a code amendment to create objective standards and further encourage the development of SROs in the Town. To establish additional zoning opportunities for a variety of housing types, SROs will be allowed as an accessory use in the multifamily overlay zones, multifamily zones, and any future zones that will be created through Program A-1 [rezoning of inventory sites]. WHEREAS, to accomplish Programs E-4, 5, 8 and 9, the Town has prepared a set of amendments to LAHMC Title 10, Chapter 2 to incorporate the legislative changes identified above and as set forth in the Housing Element (collectively, the “Zoning Text Amendments”); and WHEREAS, on January 15, 2025, and February 3, 2025, the Planning Commission held duly noticed public hearings 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 on February 3, 2025, pursuant to the public hearing the Planning Commission recommended that the City Council adopt the proposed Zoning Text Amendments; and WHEREAS, on February 20, 2025, the City Council 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 Town of 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 facilitating and encouraging supportive housing and related residential and accessory uses identified above in Programs E-4, 5, 8 and 9; and WHEREAS, 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 do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only; and WHEREAS, the proposed Zoning Text Amendments are intended to improve the Town’s application review process and codify existing practices, and to implement policies and 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, the City Council of the Town of Los Altos Hills hereby ordains 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. 2.Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects that 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 create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only. 3.This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder. 4. This Ordinance is consistent with and supports the Town of Los Altos Hills’ General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, improving the Town’s application review process and codifying existing practices, and furthering housing development project entitlements and opportunities. 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. SECTION II. AMENDMENT. Chapter 2, Title 10, of the Town of Los Altos Hills’ Municipal Code, is hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein. 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. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. INTRODUCED: FEBRUARY 20, 2025 PASSED: MARCH 20, 2025 AYES: NOES: ABSTENTIONS: ABSENT: BY: _________________________ Kavita Tankha, Mayor ATTEST: _________________________ Arika Birdsong-Miller, City Clerk MOK, SCHMIDT, SWAN, TANKHA, TYSON NONE NONE NONE Page 1 of 3 Exhibit A DRAFT ZONING AMENDMENTS SECTION I. 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 in red double underline 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. Employee Housing means housing as defined in Section 17008 of the California Health and Safety Code (HSC), for six or fewer employees. Farmworker Housing means an eligible agricultural employee housing development that is maintained and operated by a qualified affordable housing organization or by a local or state public housing agency, as defined in Section 17021.8 of the California Government Code. Residential Care Facilities means facilities which provide twenty-four (24) hour nonmedical care for seven (7) or more persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This definition includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Single Room Occupancy (SRO) means housing consisting of single-room dwelling units that is the primary residence of its occupant or occupants and offered monthly or longer. Supportive Housing means housing that is operated within another residential use classification and with no limit on the length of stay, that is occupied by a target population as defined by Section 50675.14 of the California Health and Safety Code and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Transitional Housing means buildings configured as rental housing developments within another residential use classification, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. SECTION II. Revisions to Article 7, “Residential-Agricultural District (R-A)” of Chapter 1 of Title 10 Section 10-1.701 “Primary uses permitted (R-A)” is hereby amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . . Page 2 of 3 Exhibit A Section 10-1.701. Primary uses permitted (R-A). The following primary uses shall be permitted in the Residential-Agricultural District and subject to the Town of Los Altos Hills’ Objective Design Standards User Guide and pursuant to the provisions of this chapter: (a)Primary dwellings, ; (b)Agriculture, except those uses identified as prohibited under Section 10-1.706, .; and (c)Emergency shelters, which shall operate under the following standards: (1)An 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 (a)-(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 in 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. (d)Employee and Farmworker Housing. These uses shall be permitted as set forth in Sections 17021, 17021.6, and 17021.8 of the California Health and Safety Code. (e) Residential care facilities shall be permitted subject to meeting applicable licensing requirements by the State of California. (f)Transitional and Supportive Housing. Transitional and supportive housing uses shall be subject only to those requirements and restrictions that apply to the primary use classification of the R- A district under which they operate. Page 3 of 3 Exhibit A Section 10-1.702, “Accessory uses and structures permitted (R-A)” is hereby amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . . (i) Transitional and Supportive Housing. Transitional and supportive housing shall be permitted as defined by the California Health and Safety Code for up to six persons per parcel or lot. No exemptions from other Town ordinances and policies apply to this permitted accessory use. . . . (h) Residential Care Facility. The use of a dwelling unit or portion thereof licensed by the State of California for 24 hour nonmedical care of up to six persons per parcel or lot, (not including the provider, provider family or staff) in need of personal service, supervision, protection, or assistance essential for sustaining the activities of daily living. No exemptions from other Town ordinances and policies apply to this permitted accessory use. (s) Single Room Occupancy (SRO) Uses. (1) SRO uses shall be permitted on property designated Institutional and/or Public on the Town of Los Altos Hills Land Use Diagram. (2) The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum size shall be four hundred (400) square feet, which may include bathroom and/or kitchen facilities. (3) The unit must contain either food preparation or sanitary facilities (and may contain both) if the SRO use consists of new construction, conversion of nonresidential space, or reconstruction. For acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit. If the SRO units do not contain sanitary facilities, the building where units are aggregated must contain sanitary facilities that are shared by tenants. If individual kitchen facilities are not provided in the unit, common kitchen facilities shall be provided with at least one kitchen per floor. (4) Each unit shall have a separate closet. (5) Two hundred square feet of common space shall be provided per floor. (6) Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten units, with at least one washer and dryer per floor. (7) A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO building. (8) An SRO building with ten or more units shall have an on-site manager.