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HomeMy WebLinkAboutOrdinance 612 ORDINANCE 612 1 | P a g e ORDINANCE 612 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS 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 state legislations in particular have gone into effect between 2016 and 2023 which, among other things, requires 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 WHEREAS, 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 under 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 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 ORDINANCE 612 2 | P a g e 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 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, on May 16, 2024, 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 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 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 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 is intended to bring the Town’s ADU regulations in conformance with applicable State law, 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. ORDINANCE 612 3 | P a g e 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) 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 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 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. SECTION II. AMENDMENT. Chapters 1 and 2, Title 10, of the Los Altos Hills Municipal Code, are 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 ORDINANCE 612 4 | P a g e 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: MAY 16, 2024 PASSED: JUNE 20, 2024 AYES: MOK, SCHMIDT, SWAN, TANKHA, TYSON NOES: NONE ABSTAIN: NONE ABSENT: NONE BY: ATTEST: Stanley Q. Mok, Mayor Arika Birdsong-Miller, City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A FOR ORDINANCE 612 5 | P a g e 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 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. . . . 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 town 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 the town Town’s housing element within the general plan and comply with state laws related to accessory dwelling units, including California Government Code section 65852.2 66314 et seq. 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 65852.2(e)(1)(A) and (B) sections 66323(a)(1) and (2). (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 (31) 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 property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied. . . . EXHIBIT A FOR ORDINANCE 612 6 | P a g e (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 meet 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. (3) 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 21155, the 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 accessory dwelling unit; 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 EXHIBIT A FOR ORDINANCE 612 7 | P a g e primary dwelling or an existing accessory structure; 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 parking 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 relate to match the design of the primary dwelling by use of similar 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 styles 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 sections 65852.2 and 65852.22 66314 et seq., 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 subject 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. EXHIBIT A FOR ORDINANCE 612 8 | P a g e SECTION II. Revisions to Article 4, “Grading” of Chapter 2 of Title 10 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 shall 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. EXHIBIT A FOR ORDINANCE 612 9 | P a g e SECTION IV. Revisions to Article 7 “Residential-Agricultural District (R-A)” of Chapter 1 of Title 10 Subsection (j), “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 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 10-1.701 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.com/43999663(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. EXHIBIT A FOR ORDINANCE 612 10 | P a g e . . . 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 following 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.