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HomeMy WebLinkAboutResolution 92-25 No Exhibit ARESOLUTION 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN WITH AN EFFECTIVE'DATE CONTINGENT UPON CERTIFICATION OF THE AMENDMENT BY THE STATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; and WHEREAS, California Housing Element Law (Government Code section 65580 et seq.) requires each jurisdiction to have sufficient land zoned to accommodate their fair share of the regional housing need by unit number and also by income category, including extremely low-, very low- and low-income units, during an eight-year planning period. This obligation, known as the Regional Housing Need Allocation ("RHNA") is determined by the State Department of Housing and Community Development and allocated by the Association of Bay Area Governments in the Bay Area; and WHEREAS, Government Code sections 65583 and 65583.2 require cities to include in their housing elements a program setting forth a schedule of actions during the planning period to, among other things, identify and rezone as necessary to make sites available during the planning period with appropriate zoning and development standards, and to maintain an inventory of sites that can realistically accommodate a portion of RHNA units, including lower-income housing; and WHEREAS, Government Code section 65863 (commonly referred to as "No Net Loss Law") also requires cities to ensure that their housing element site inventory and program to make sites available and able to accommodate, at all times throughout the planning period, the remaining unmet RHNA share from the current and prior planning period; 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 meet its RHNA obligations, including an inventory of sites in the Town suitable to accommodate housing units at various income levels under RHNA, programs to rezone such sites to multi -family zoning districts to accommodate RHNA units and to ensure that parcels would be developed at appropriate minimum densities, and to streamline residential development projects and promote housing opportunities and mobility; and WHEREAS, the Town's RHNA obligation for the 2023-2031 planning period is 489 units including 197 extremely low-, very low- and low-income units. Consistent with Housing Element Law and No Net Loss Law, if a site is developed below the density projected in the Housing Element, or at a different income than projected, the Town must have adequate sites available to accommodate the remaining balance of the RHNA, or it must identify and rezone new sites that can accommodate the remaining need. For these reasons, the Housing Element includes a buffer of 15 percent above the RHNA in each income category, for a total planned capacity of 563 units with 227 lower (low and very low) income units in its .site. inventory; and WHEREAS, as required by Government Code section 65583 and as a part of the Town's housing strategies to meet RHNA, theHousing Element analyzed and identified three sites in the Town, RESOLUTION 92-25 11 P a g e identified as portions of Foothill College ("Foothill Site"), portions of St. Nicholas School ("St. Nicholas Site"), and several ,,parcels located in northwest Los Altos Hills along Arastradero Road that collectively are known 's the "Twin Oaks" property ("Twin Oaks Site"), to be rezoned from their current Residential -Agricultural (R -A) zoning district to respective Multi -Family and Multi - Family Overlay zones to facilitate multi -family development to accommodate a portion of the RHNA obligations including the No -Net -Loss buffer. The Housing Element provided extensive site- specific evaluation of parcel characteristics, development capacity and potential, constraints, and abilities to accommodate the RHNA by unit count and income levels; and WHEREAS, the Housing Element also analyzed rezoning approaches for all three sites, including identifying portions of the properties with highest development potentials, taking steep slopes, easements, and other site constraints into account, establishing development standards to facilitate housing construction, and considering realistic development capacities when calculating maximum unit yield projections. The Housing Element projected an anticipated yield of 210 units for the Foothill Site, 75 units for the St. Nichlas Site, and 92 units for the Twin Oaks Site (collectively, the "Projected Yields"); and WHEREAS, Program A-1 of the Housing Element sets forth a schedule of actions to create multi- family infill overlay zones on portions of the institutional Foothill College and St. Nicholas School Sites, and to rezone the Twin Oaks Site to a new multi -family zoning district, all at a minimum density of 20 dwelling units. per acre and at a maximum density appropriate to facilitate development to achieve the Projected Yields and meet portions of the Town's RHNA obligations, as required by Housing Element Law including Government Code section 65583.2; and WHEREAS, Programs A-4 and A-5 also require the Town to (1) comply with Government Code section 65583.2(h) and (i) to permit by -right housing developments with 20 percent units affordable to lower-income on sites "reused" from a, prior planning cycle housing element site inventory; and (2) establish minimum densities for lower-income developments consistent with Government Code section 65583.(2)(h), respectively; and WHEREAS, the rezoning required by Program A-1 must be completed by January 31, 2026, and the related actions required by Programs A-4 and A-5 are required to be completed by Q1 2026; and WHEREAS, the Town has prepared an Ordinance amending Title 10 of the Los Altos Hills Municipal Code pertaining to zoning and site development regulations, to create Multi -Family Overlay and Multi -Family Zoning districts and establish related zoning and development standards to implement Programs A-1, A-4, and A-5 (the "Multi -Family Rezoning Ordinance"), consistent with the 2023-2031 Housing Element and its goals, policies, and programs to accommodate projected unit yields as a part of the Town's strategy to meet its RHNA obligation; and WHEREAS, the Multi -Family Rezoning Ordinance is consistent with the 2023-2031 Housing Element and its goals, policies, and programs to accommodate projected unit yields as a part of the Town's strategy to meet its RHNA obligation; and WHEREAS, to provide clarity and maintain internal consistency across governing land use and planning documents, the Town has also prepared certain amendments to the Housing Element, in .... .................. support of and in conformance with the Multi -Family Rezoning Ordinance, to (1) specify that the maximum density permitted on all Multi -Family Rezoning sites would be 24 dwelling units per acre of Contiguous Buildable Area (CBA) (as opposed to 30 du/ac, where specified in portions of RESOLUTION 92-25 21 P a g e Program A-1). CBA excludes slopes over 25% and non -steep areas less than 50 feet wide, consistent with -the rezoning -approach analyzed in the Housing Element; (2) specify that the total Multi -Family rezoning arca would be 19 acres (as opposed to 34 acres, where specified in portions of Program A-1) as follows: 4.5 acres at the Twin Oaks Site (which would re -distribute the 92 -unit Projected Yield for this site across the 4.5 acres); 6 -acre portion at the front of the St. Nicholas Site; and 8.8 combined acres of CBA on one or more portions at the Foothill Site; (3) include updates reaffirming property owner interest in redeveloping all three Multi -Family sites and describing additional feasibility analysis conducted for all three sites which continues to demonstrate redevelopment potential and suitability for multi -family and lower-income housing development; and (4) make other non -substantive, clerical revisions, all attached hereto and incorporated herein as Exhibit A (collectively, the "Housing Element Amendment"); and WHEREAS, the proposed Housing Element Amendment was published for public review and submitted to the State Department of Housing and Community Development ("HCD") on August 11, 2025, and has been published for a 7 -day public review period on the subsequent draft revisions, all in compliance with Government Code section 65585; and WHEREAS, the Town has further engaged in discussion with HCD on October 22, 2025, and November 14, 2025, respectively, for preliminary review of the proposed Housing Element Amendment and supporting appendices. Town staff has also provided updates on these discussions to the Planning Commission and City Council during their respective publicly noticed meetings, including most recently on October 27 and October 29, 2025, respectively; and WHEREAS, the Town has also provided extensive public outreach, notice and participation opportunities for the preparation and proposed adoption of the Housing Element Amendment. The Los Altos Hills Planning Commission also conducted duly noticed public study sessions to review the Housing Element Amendment revisions at its May 1, June 5, July 10, July 24, and August 7, 2025 public meetings to provide additional public comment and participation opportunities; and WHEREAS, adoption of the Housing Element Amendment by the Town would only become effective upon HCD certifying the Amendment as substantially compliant with state law; and WHEREAS, under the California Environmental Quality Act ("CEQA"), a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.085, unless such rezoning would allow for would allow for the construction of a distribution center or for oil and gas infrastructure or would allow construction to occur within the boundaries of any "natural and protected lands" as defined pursuant to Public Resources Code section 21067.5; and WHEREAS, CEQA Guidelines section 15061(b)(3) provides that CEQA does not apply to activities that would not have the potential for causing a significant effect on the environment. 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, on December 4, 2025, the Los Altos Hills Planning Commission held a duly noticed public hearing to consider a recommendation to the Los Altos Hills City Council regarding the proposed Housing Element Amendment. At the public hearing, the Planning Commission reviewed and carefully considered the proposed legislative amendments, and all related testimony and RESOLUTION 92-25 3 P a g e evidence presented in the record and during the hearing. All interested parties were provided with an opportunity to participate and be heard; and WHEREAS, at the December 4 public hearing, the Planning Commission by Resolution PC 13-25 recommended the City Council adopt the Housing Element Amendment; and WHEREAS, on December 9, 2025, the Los Altos Hills City Council held a duly noticed public hearing during its adjourned regular meeting to consider adoption of the proposed Housing Element Amendment. At the public hearing, the City Council reviewed and carefully considered the proposed legislative amendments, and all related testimony and evidence presented in the record and during the hearing. All interested parties were provided with an opportunity to participate and be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby makes the following findings and decision: 1. General and CEQA Findin a. Based on the entirety of the record before it, which includes, without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq. (collectively, "CEQA"); the Los Altos Hills General Plan and Housing Element; the Los Altos Hills Municipal Code; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed December 4, 2025 public hearing ;the City Council's duly noticed December 9, 2025 public hearing; and any and all other evidence (within the meaning of Public Resources Code §21080(e) and. §21082.2), the City Council of the Town of Los Altos Hills hereby finds as follows: A. The foregoing recitals are true and correct and made a part of this Resolution. B. The documents and other material constituting the record for these proceedings are located at the Community Development Department for the Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, and in the custody of the Community Development Director. C. Exhibit A attached. ,.to ,this Resolution, consisting of the proposed Housing Element Amendment and related appendices, is incorporated herein by reference as if it were each set forth fully herein. D. The proposed Housing Element Amendment is statutorily exempt from CEQA pursuant to Section 21080.085 of the Public Resources Code as CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. The Housing Element Amendment is in support of the proposed rezoning action that implements Program A-1 of the Town's adopted ,.:and ...state -certified 2023-2031 Housing Element pursuant to Government code section 65583(c), which the City Council has, by separate ordinance, determined that the proposed rezoning is statutorily exempt pursuant to Section 21080.085. The Housing Element Amendment is proposed to achieve internal consistency and in support of the rezoning action, and thus similarly exempt on the same grounds. The amendment does not approve any development projects, or issue any entitlements, but are regulatory actions. -taken by -the -Town -for internal horizontal general plan consistency. ----- --- _ ___-_---- RESOLUTION 92-25 4 1 P g e E. The proposed Housing Element Amendment is also not subject to CEQA pursuant to CEQA Guidelines section 1.5061(b)(3), because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant impact on the environment. The proposed amendments are to achieve internal consistency across land use documents and do not approve any particular project. They also would not impact the physical allowances for development projects. As such, it can be seen with certainty that the proposed Housing Element Amendment does not have a significant impact on the environment. F. The proposed Housing Element Amendment remains consistent with and serves the other goals, programs, and policies in the Housing Element, including Programs A-1, A-4 and A-5, and allows the Town to comply with state Housing Element and Housing Laws, as well as contribute to the Town's strategies in meeting its RHNA obligation. 2. Decision. Based upon the testimony received by the City Council, the background and findings set forth above and all other evidence in the administrative record, the Los Altos Hills City Council hereby adopts the Housing Element Amendment, as shown in Exhibit A, subject to the Effective Date provision below. 3. Effective Date. This resolution and the adoption of the Housing Element Amendment shall only become effective upon the State Department of Housing and Community Development (HCD) certifying said Amendment as in substantial compliance with state law pursuant to Government Code sections 65585 and 65585.03. Prior to HCD certification, the 2023-2031 Housing Element as certified by HCD on May 30, 2023, shall remain unmodified and in full force and effect and adoption of the Housing Element Amendment shall not take effect. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the Town of Los Altos Hills this 9th day of December 2025, by the following vote: AYES: TANKHA, BHATEJA, SWAN, TYSON NOES: NONE ABSTAIN: MOK ABSENT: NONE BY: ATTEST: Kavita Tankha, Mayor Arika Birdsong -Miller, City "Clerk RESOLUTION 92-25 5 1 P a g e