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HomeMy WebLinkAboutResolution 97-25RESOLUTION 97-25 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING OBJECTIVE DESIGN STANDARDS FOR MULTI -FAMILY ZONING DISTRICTS 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, the Housing Element analyzed and identified three sites in the Town, 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 as 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 RESOLUTION 97-25 11 P a g e 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 Q 12026; 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- l , A-4, and A-5 (the "Multi -Family Rezoning Ordinance") and has also prepared amendments to the Land Use Element of the General Plan to incorporate multi -family land uses and maintain internal consistency between governing planning documents ("LUE Amendment"); and WHEREAS, as -a part of the legislative efforts to address the state's housing crisis, California housing laws also generally require local jurisdictions to apply objective development and design standards when reviewing housing development projects to streamline the approval process and facilitate production of units. For example, the Housing Crisis Act of 2019 (Government Code section 66300 et seq.) prohibits local governments from imposing or enforcing design standards established on or after January 1, 2020, that are not objective standards. The Housing Accountability Act (Government Code section 65589.5) also limit local authority to disapprove a housing development or impose conditions that render the project infeasible if the housing development project complies with applicable objective standards and regulations; and WHEREAS, objective standards are those that involve no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both a development applicant or proponent and the public official; and WHEREAS, in compliance with the foregoing state laws and in furtherance of its goals to facilitate production of housing and meet RHNA obligations, the Town's 2023-2031 Housing Element included Program B-4 to adopt objective design and development standards to promote certainty in the planning RESOLUTION 97-25 21 P a g e approval process and streamline housing production; and WHEREAS, pursuant to state law and the Housing Element, the Town has prepared a set of Objective Design Standards for Multi -Family Zoning Districts, attached hereto as Exhibit A ("Multi -Family ODS"), to implement objective design and development standards for multi -family housing developments; and WHEREAS, the Town provided extensive public outreach, notice and participation opportunities for the preparation and proposed adoption of the Multi -Family Rezoning Ordinance, LUE Amendment, and the Multi -Family ODS. The Los Altos Hills Planning Commission also conducted duly noticed public study sessions to review these legislative amendments and ODS 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, 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 September 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 Multi - Family Rezoning Ordinance, the LUE Amendment, and the Multi -Family ODS. At the public hearing, the Planning Commission reviewed and carefully considered the proposed legislative amendments and the ODS, 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; and WHEREAS, at its September 4, 2025, meeting, the Planning Commission by Resolution PC 08-25 recommended -the -City Council adopt the -Multi -Family ODS; and WHEREAS, on October 16, 2025, the City Council held a duly noticed public hearing to consider the Multi -Family ODS. At the public hearing, the City Council reviewed and carefully considered the proposed Multi -Family ODS and related legislative actions, 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 by the City Council of the Town of Los Altos Hills makes the following findings and recommendations: 1. General and CEQA Findings 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; the SB 131 Statutory Exemption Report dated October 2025 prepared by RESOLUTION 97-25 3 1 P a g e Michael Baker International; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed September 4, 2025 public hearing and the City Council's duly noticed October 16, 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. The proposed Multi -Family ODS (Exhibit A) attached to this Resolution is incorporated herein by reference as if set forth fully herein. D. The proposed LUE Amendment is exempt from CEQA under the statutory exemption pursuant to Public Resources Code Section 21080.085 as the proposed objective design standards are a part of the rezoning action necessary to implement the schedule of action under the Housing Element to rezone. housing sites and is also necessary to comply with state housing law requirements for adopting and utilizing objective standards. Under Section 21080.085 of the Public Resources Code, 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 and that does not allow for the construction of a distribution center for oil and gas infrastructure and does not allow construction to occur within the boundaries of any natural and protected lands as defined under Public Resources Code Section 21067.5. As set forth in separate Ordinance and in the SB 131 Statutory Exemption Report dated October 2025, the proposed multi- family rezoning meets the requirements of Section 21080.085. Consequently, the Multi -Family ODS supports such rezoning and complies with state law and is exempt from CEQA on the same basis as it is a part of the rezoning action necessary to implement the Housing Element. E. Further, the proposed Multi -Family ODS is also not subject to CEQA pursuant to CEQA Guidelines section -15061(b)(3), because- itcan-be seen with- certainty that there is no possibility that the proposed Objective Design Standards may have a significant impact on the environment. The proposed Objective Design Standards would only introduce objective standards and be in compliance with state housing laws including the Housing Crisis Act of 2019 and the Housing Accountability Act requiring the use of objective standards for housing development reviews. The proposed Multi -Family ODS would not alter any land use classifications or 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 Multi -Family ODS do not have a significant impact on the environment. F. The proposed Multi -Family ODS is consistent with the Housing Element, including Programs A-1, A-4, A-5 and B-4, and the proposed Multi -Family Rezoning Ordinance and LUE Amendment, and the goals, policies, programs, and housing strategies therein. The proposed ODS will provide clear and predictable design guidance, ensure compliance with state housing laws, and establish streamlined review processes to facilitate housing towards meeting the Town's RHNA RESOLUTION 97-25 41 P a g e obligation. 2. Decision. Based upon the testimony received by the City Council and the background and findings set forth above and all other evidence in the administrative record, the Los Altos Hills City Council hereby adopts the Objective Design Standards for Multifamily Zoning Districts, as set forth more specifically and fully in Exhibit A. BE IT FURTHER RESOLVED this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the Town of Los Altos Hills on this 16th day of October 2025 by the following vote: AYES: TANKHA, BHATEJA, SWAN, TYSON NOES: NONE ABSTAIN: MOK ABSENT: NONE ATTEST: ka Birdsong-Mill6r City Clerk BY: �— Kavita Tankha, Mayor RESOLUTION 97-25 51 P a � e