HomeMy WebLinkAboutOrdinance 622 w Exhibit AORDINANCE 622
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
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, 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; 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 I (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, as a result of legislative changes to state ADU laws in 2025 and 2026, the Town
prepared certain amendments via ordinance to the ADU regulations under Title 10, Chapter I, Article
14 of the Los Altos Hills Municipal Code (the "Ordinance"); and
WHEREAS, on March 5, 2026, the Planning Commission held a duly noticed public hearing to
consider the proposed Ordinance, at which time all interested parties were provided an opportunity to
give input and participate in the public process; at the hearing, the Planning Commission, by
Resolution PC 07-26 made findings and recommended the City Council adopt the proposed Ordinance
as deliberated upon by the Commission during the hearing; and
WHEREAS, on March 19, 2026, the City Council held a duly noticed public hearing to consider the
proposed Ordinance, at which time all interested parties were provided an opportunity to give input and
participate in the public process; and
WHEREAS, the proposed Ordinance is consistent with and supports 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; and
ORDINANCE 622 11 P a g e
WHEREAS, under the California Environmental Quality Act ("CEQA"), modifications to regulations
pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public
Resources Code and CEQA Guidelines section 15282.1(h) because they are implementing the
provisions of Government Code Section 66314 et seq.; and
I
WHEREAS, the proposed Ordinance is intended to bring the Town's ADU regulations in
conformance with applicable State 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 Public Resources Code section 21080.17 and CEQA Guidelines section
15282.1(h) because they are implementing the provisions of Government Code Section
66314 et seq. relating to secondary dwellings.
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, and promoting housing
production and mobility. 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.
Article 14, Chapter I of the 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.
a_] Flelyro-Nni"11111IM-WA01, LTIA6,116131"Pt 1,
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.
ORDINANCE 622 2 1 P a g e
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: March 19, 2026
PASSED: April 16, 2026
AYES: MOK, SWAN, TANKHA, TYSON, BHATEJA,
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
BY:
ATTEST: kajiv Bhateja, Mayor
ika Birdsong filler, City Clerk
APPROVED AS TO FORM:
Steve Mattas, City Attorney
ORDINANCE 622 31 P a �s e
EXHIBIT A
SECTION L Revisions to Article 14, "Accessory Dwelling Units" of Chapter 1 of Title 10
Various sections of Article 14 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 10-1.1402. Definitions.
Livable space means a space in a dwelling intended for human habitation, including living, sleeping
eating, cooking, or sanitation: however, if "livable space" is defined differently in California
Government Code Section 66313 or its successor statute the latter definition shall control.
Primary dwelling unit means the single-family or multi -family- residence on the property that is not
created pursuant to the provisions of this article and Government Code section 66314 et sea. is the
larger- of the twe if there is an existing aeeessaFy dwelling unit on the pr-apert-y-.
Section 10-1.1403. General standards and requirements.
Accessory dwelling units are permitted on all residential properties and subject to the following
general standards and requirements:
(a) Number of Units Allowed; Zoning District, Type and Unit Size.
(1) Within the R -A zone, all of the following:
(i) One (1) accessory dwelling unit that is attached or connected to an existing or
proposed single-family dwelling unit through sharing a wall or a structural building
feature, or that is entirely within the existing space of an existing accessory structure;
(ii) One (1) accessory dwelling unit that is new construction and detached from a
proposed or existing single-family dwelling; and
(iii) One (1) junior accessory dwelling unit.
(2) Within a multi -family zoning district, all of the following:
(i) Multiple accessory dwelling units within the portions of existing multifamily
EXHIBIT A for ORDINANCE 622 41 P �i
dwelling structures that are not used as livable space, up to twenty-five (25) percent of
the existing multi -family dwelling units, or at least one (1) unit, whichever is r
(ii) Multiple detached accessory dwelling units not exceeding the building height
permitted under Section 10-1.1403(f), and with at least four (4) feet side and rear
setbacks, subject to the following:
A. On lots with an existing multiple -family dwelling structure(s), the number of
detached accessory dwelling units shall not exceed the number of existing units on
the lot or eight (8), whichever is less.
B. On lots with_a proposed, new construction multiple -family dwelling structure(s),
no more than two (2) detached accessory dwelling units. This provision shall not
apply to a lot that proposes to expand existing multiple -family dwelling
structure (sl.
One (1) aeeessevy dwelling unit and efte (1) junief aeeesset'�, dwelling unit afe allowed en r-n-aTJr'a±
with an existing or- proposed single family dwelling unit pfevided thm the 1E)t haS adeqUate
Godo seet;ons 66323(a)(1) and (2)
(0 Height.
(1) The maximum height of an attached accessory dwelling unit may be up to the maximum
height for a primary dwelling unit pursuant to Section 10-1.504, or 25 feet, whichever is
lower.
(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 _single-family or multi -family dwelling
unit., except as provided in subsections (3) and (4) below.
(3) For detached accessory dwelling units on a lot with an existing or proposed pr-iffiafy single_
family or multi -family 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.
(4) For detached accessory dwelling units on a lot with an existing or proposed multi-
family, multi -story dwelling, the maximum height shall be 18 feet.
(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;
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(2) No 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) When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of, or conversion to, an accessory dwelling unit;
(ii) The accessory dwelling unit is located within one-half mile walking distance of
public transit;
(iii) The accessory dwelling unit is located within an architecturally and historically
significant historic district;
(iv) The accessory dwelling unit is converted from the proposed or existing floor area of the
primary dwelling or an existing accessory structure;
(v) When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit;
(vi) 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.
(h) In accordance with Government Code section 66323(a)(1)-(4), the following accessory dwelling
units shall not be subject to the development standards contained in subsections (b)—_W of this
Section, except for subsections (e)(2) and ( -,
(1) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space
of a single-family dwelling or existing space of a single-family dwelling or accessory
structure. If within the existing space of an accessory structure, the accessory dwelling
may include an expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure, for the purposes of accommodating ingress
and egress only. In addition, there shall be exterior access from the proposed or existing
single-family dwelling and side and rear setbacks sufficient for fire and safety.
(2) A detached accessory dwelling unit that does not exceed four -foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling, with a total floor area
of not more than 800 square feet of livable space, and meeting the building height permitted
under Section 10-1.1403 1(�, as applicable.
(3) Accessory dwelling units in multi -family zoning districts meeting the requirements of
Section 10-1.1403(a)(2).
Section 10-1.1404 Design requirements.
An accessory dwelling unit shall be reviewed and approved without discretionary review or a hearing.
Except for accessory dwelling units described in Section 10-1.1403(h)(1)-(3), s part of the planning
department's ministerial approval, the following objective design requirements shall be confirmed:
EXHIBIT A for ORDINANCE 622 61 P a g c
Section 10-1.1405. Building and construction.
An accessory dwelling unit shall be designed and constructed in compliance with all applicable
requirements of the California Building Standards Code and local code amendments. In addition, the
following requirements shall be confirmed:
(a) An accessory dwelling unit shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation.
(b) An accessory dwelling unit is only required to have fire sprinklers if they are required for the
primary dwelling. However, the construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing primary dwelling.
(c) Accessory dwelling units shall be connected to the public sanitary sewer system when such
sewer is within 200 feet of the property line or when the property is subject to a sewer
reimbursement agreement. However, when the elevation of the existing sewer main does not
facilitate gravity flow and the parcel is not subiect to a sewer reimbursement agreement. the
accessory dwelling unit shall not be required to connect to the sewer system but shall be
connected to a private sewage disposal system that is approved by the Santa Clara County
Department of Environmental Health. Notwithstanding the foregoing, accessory dwelling units
described in Section 10-1.1403(bXj)-(31 shall not be required to be connected to the public
sanitary sewer system unless such accessory dwelling unit is constructed with a new single
family dwelling on the same lot, or upon separate conveyance of the accessory dwelling unit as
permitted by Section 10-1.1403(cl(31. An aeoessory dwelling unit eonstrueted with ^ liew single
family dwelling on the same !At- Must be, rVomfleetead— to the publie sanital-y sewer system or be
eenneeted to a pr-ivate sewage disposal system tha4 is deemed to be adequate by t Santa ria..^
§ 10-1.1406. Permit review process.
(a) Applications for an accessory dwelling unit must be submitted to the Building Department on a
form and with information and materials as requiredadd by the Building Official and the
Planning Pir-eetaf Community Development Director and most recently in effect, and shall be
approved or disapproved within 60 days after receiving the complete application. The applicant
may request that the 60 -day review period be waived.
(b) If The Town denies an application for an accessory dwelling unit or junior accessory dwellin
unit pursuant to subdivision (a), the Town shall, within the time period described in subdivision
(a), return in writing a full set of comments to the applicant with a list of items that are defective
or deficient, and a description of how the application can be remedied by the applicant.
Section 10-1.1409 Accessory dwelling unit amnesty.
Owners of existing non -permitted accessory dwelling units which were constructed or otherwise in
EXHIBIT A for ORDINANCE 622 71 P a g e
existence prior to Deeemhef 31, 2019 January 1. 2020, 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.
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