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HomeMy WebLinkAboutOrdinance 625 w Exhibit A ORDINANCE 625 1 | P a g e ORDINANCE 625 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 CERTAIN STANDARDS IN THE MULTI-FAMILY ZONES WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; 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, on December 9, 2025, the City Council of the Town of Los Altos Hills (“City Council”) adopted an ordinance creating new Multi-Family zone and Multi-Family Overlay zones and associated development standards. The ordinance facilitates multi-family development to accommodate a portion of its RHNA obligations inclusive of a no-net-loss buffer pursuant to Government Code section 65583, in accordance with Housing Element Programs A-1, A-4, and A-5; and WHEREAS, on December 9, 2025, the City Council also concurrently adopted certain amendments to its Land Use element and Housing Element to provide further clarity and consistency across land use and zoning documents while maintaining the rezoning approach and projected unit yields already identified in the 2023-2031 Housing Element, with the Housing Element amendment effective contingent upon HCD certification ; and WHEREAS, the State Housing and Community Development Department (“HCD”) has reviewed the Town’s multi-family rezoning ordinance and on February 10, 2026, issued a letter to the Town providing further direction to revise certain development standards in order to expand multi -family development opportunities and to avoid potential constraints. In its letter, HCD specifically affirms that the Town’s Housing Element, as amended on December 9, 2025, remains certified by the Department and is in substantial compliance with state Housing Element law; and WHEREAS, the Town has prepared an ordinance amending certain development standards including average unit size, development site size, and setbacks (the “Ordinance”); 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 ORDINANCE 625 2 | P a g e WHEREAS, on April 2, 2026, the Los Altos Hills Planning Commission held a duly noticed public hearing, which was continued to April 13, 2026, to consider a recommendation to the City Council regarding the proposed Ordinance. At the public hearing, the Planning Commission reviewed and carefully considered the proposed Ordinance and related legislative actions, and all related testimony and evidence presented in the record and during the hearing; and WHEREAS, at its April 13, 2026, meeting, the Planning Commission by Resolution PC12-26 recommended the City Council adopt the Ordinance; and WHEREAS, on April 22, 2026, the Planning Commission held an additional public meeting to consider additional modifications to its recommendation on April 13, 2026, regarding unit size and unit mixes standards for multi-family development; the Planning Commission received public testimony and thereafter transmitted additional modifications made at that meeting to the City Council for consideration; and WHEREAS, on April 29, 2026, the City Council held a duly noticed public hearing to consider the proposed Ordinance. At the public hearing, the City Council reviewed and carefully considered the proposed Ordinance, 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, based on the entirety of the record before it, the City Council desires to adopt the proposed Ordinance in furtherance of its goals to facilitate multi-family development and encourage housing production as set forth in the 2023-2031 Housing Element. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as follows: SECTION I. 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; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed April 2 and April 13, 2026 public hearings, the Planning Commission’s April 22, 2026 public meeting, and the City Council’s duly noticed April 29, 2026 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: 1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof. 2. 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. 3. Exhibit A attached to this Ordinance is incorporated herein by reference as if set forth fully herein. 4. This Ordinance 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) ORDINANCE 625 3 | P a g e of Section 65583 of the Government Code. This Ordinance continues to implement the multi-family rezonings under Program A-1 of the Town’s adopted and state-certified 2023- 2031 Housing Element pursuant to Government Code section 65583(c) by refining development standards to facilitate multi-family housing production. Additionally, this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it does not have the potential for causing a significant effect on the environment. The Ordinance amends multi-family development standards but does not approve any development or grant any entitlements. Subsequent project proposals in multi-family zoning districts will undergo separate environmental review. Thus, this Ordinance is a regulatory action by the Town and it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. Therefore, it is exempt from CEQA. 5. This Ordinance was prepared and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder. 6. This Ordinance is consistent with and supports the Los Altos Hills General Plan by furthering housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to Program A-1, A-4, and A-5. This Ordinance allows the Town to further its strategies in meeting its RHNA obligation and maintain compliance with state law. SECTION II. AMENDMENT. 1. Amendments to the Land Use Table under Section 10 -1.1611 “Development Standards” of Article 16 “Multi-Family Development Standards” under Chapter 1 “Zoning”, Title 10 “Zoning and Site Development” of the Municipal Code. Table 1: Multi-Family Development Standards under Section 10-1.1611 shall be amended as shown in Exhibit A. Other sections, subsections, paragraphs and texts not amended are not included in Exhibit A and shall continue in full force and effect. 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, ORDINANCE 625 4 | P a g e 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: April 29, 2026 PASSED: May 14, 2026 AYES: BHATEJA, TYSON, MOK, SWAN, TANKHA NOES: NONE ABSTENTIONS: NONE ABSENT: NONE BY: ATTEST: Rajiv Bhateja, Mayor Arika Birdsong-Miller, City Clerk APPROVED AS TO FORM: Steve Mattas, City Attorney Signature: Email: Signature: Email: Signature: Email: Steve Mattas (May 19, 2026 16:19:10 PDT) steve.mattas@redwoodpubliclaw.com Rajiv Bhateja (May 19, 2026 20:37:33 PDT) Rajiv Bhateja rajivb@losaltoshills.ca.gov amiller@losaltoshills.ca.gov Page 1 of 2 Exhibit A to Ordinance 625 Existing Table 1 is reformatted as shown below and amendments to development standards, all as introduced via ordinance inclusive of an errata sheet on April 29, 2026 by the City Council, are shown in redline Amendments to Table 1: Multi-Family Development Standards Title 10, Chapter 1, Article 16, Section 10-1.1611 Standard MF Zone MFO Zone FMFO Zone Density (dwelling units per acre of contiguous buildable area) Minimum Maximum 20 24 20 24 20 24 Maximum Average Square Feet Per Dwelling Unit (1) (total habitable floor area of all buildings divided by the total number of dwelling units) 750 750 750 Maximum Floor Area Ratio (5) (habitable floor area per acre of contiguous buildable area) •Bonus FAR for Senior and Assisted Living Housing •Bonus FAR for Affordable Housing as set forth in the Inclusionary Housing Ordinance or related policy or ordinance 0.45 +0.05 0.45 +0.05 0.45 +0.05 Development Site Lot Size (gross acres) Minimum Maximum 3.5 0.5 10.0 3.5 0.5 10.0 3.5 0.5 10.0 Unit Size (square feet) Minimum Maximum 350 (1) 2,0001,800 350 (1) 2,0001,800 350 (1) 2,0001,800 Unit Mix (bedrooms) Minimum Maximum 2 different unit types 50% of any one unit type 2 different unit types 50% of any one unit type 2 different unit types 50% of any one unit type Setbacks from Single-family Lots in R-A Zone 60 35feet 60 35 feet 60 35 feet Setbacks from Multifamily Lots in MF, MFO, FMFO zone or to Non-Residential Use Lot Front 60 35 feet 60 35 feet 60 35 feet Side 60 10 feet (2) 60 10 feet (2) 60 10 feet (2) Rear 60 20 feet (2) 60 20 feet (2) 60 20 feet (2) Structure Height 32 feet (3)(4) 32 feet (3)(4) 32 feet (3)(4) Private Recreation Space 40 sf/du for not less than 20% of total units 40 sf/du for not less than 20% of total units 40 sf/du for not less than 20% of total units Common Recreation Space 100 square feet per dwelling unit 100 square feet per dwelling unit 100 square feet per dwelling unit Page 2 of 2 Notes: (1)1,000 square foot per unit average for Senior Housing, Assisted Living developments; the maximum unit size is 2,000 square feet. (1)Excluding Single Room Occupancy Units. (2)25 feet minimum within an overlay zone and Not less than 50 feet between multi-family buildings and primary educational facility buildings where such uses or structures are on the same property. (3)The provisions of 10-1.504 Height shall not apply to multi-family buildings in the MF, MF Overlay, and Floating MF Overlay zones. (4)Excluding: a.Non -habitable basement or underground parking where the garage or basement entrance is not more than 25 feet wide and the exposed portion of the garage or basement is not more than 25% of the area of the façade of the habitable floor above it; b.One-half of the height between the eave and the peak of a pitched roof; c.Up to 4 feet of exposed foundation below the finished first floor elevation to the finished grade of any common area or walkway within 15 horizontal feet of the building wall; and d.Uninhabited roof structures up to 10 feet in height that conceal mechanical equipment, elevators, stair overruns that cover less than 10% of the roof area and are setback at least 10 feet from the nearest exterior building wall. (5)For a housing development project between 3 – 10 units, floor area ratio shall be as provided for in Government Code section 65913.11. Ordinance 625 w Exhibit A Final Audit Report 2026-05-20 Created:2026-05-19 By:Keren Brunner (kbrunner@losaltoshills.ca.gov) Status:Signed Transaction ID:CBJCHBCAABAA7-SNwwI1wNFURvmBdRvlypOCXWO0gkCh "Ordinance 625 w Exhibit A" History Document created by Keren Brunner (kbrunner@losaltoshills.ca.gov) 2026-05-19 - 6:27:21 PM GMT Document emailed to Steve Mattas (steve.mattas@redwoodpubliclaw.com) for signature 2026-05-19 - 6:27:28 PM GMT Email viewed by Steve Mattas (steve.mattas@redwoodpubliclaw.com) 2026-05-19 - 11:18:06 PM GMT Document e-signed by Steve Mattas (steve.mattas@redwoodpubliclaw.com) Signature Date: 2026-05-19 - 11:19:10 PM GMT - Time Source: server - Signature Appearance Selected: DRAW Document emailed to Rajiv Bhateja (rajivb@losaltoshills.ca.gov) for signature 2026-05-19 - 11:19:12 PM GMT Email viewed by Rajiv Bhateja (rajivb@losaltoshills.ca.gov) 2026-05-19 - 11:19:17 PM GMT Document e-signed by Rajiv Bhateja (rajivb@losaltoshills.ca.gov) Signature Date: 2026-05-20 - 3:37:33 AM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Arika Birdsong-Miller (amiller@losaltoshills.ca.gov) for signature 2026-05-20 - 3:37:35 AM GMT Email viewed by Arika Birdsong-Miller (amiller@losaltoshills.ca.gov) 2026-05-20 - 3:37:41 AM GMT Document e-signed by Arika Birdsong-Miller (amiller@losaltoshills.ca.gov) Signature Date: 2026-05-20 - 6:38:24 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed. 2026-05-20 - 6:38:24 PM GMT