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HomeMy WebLinkAboutOrdinance 624M r-, 111`11 !LI 13 talllffilli!l WHEREAS, California Housing Element Law (Gov. Code §65580 et seq.), specifically Government Code section 65583(c)(3), requires housing elements to address, and when appropriate and legally possible, to remove constraints to housing for those with disabilities, including providing reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for persons with disabilities; and WHEREAS, both federal and state law (i.e. 42 USC §3604(f)(3)(B); Gov. Code §12927(c)(1)) impose upon cities an affirmative duty to make "reasonable accommodations" in their zoning and land use laws when the accommodation is necessary to give persons with disabilities an equal opportunity to use and enjoy a home. The federal Fair Housing Act (FHA) and California Fair Employment and Housing Act (FEHA) forbid land use actions that make housing "unavailable" or discriminate against certain protected classes. (42 USC §3604; Gov. Code § 12955(1).). The Fair Housing A makes it unlawful to "discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap." (42 U.S.C. § 36040(2).); and WHEREAS, the Town of Los Altos Hills ("Town") state -certified 2023-2031 Housing Element contains several goals, policies and programs to ensure accessibility, increase housing mobility, and provide for special needs housing. Among those, Program B-9 provides for the Town to adopt a clear and objective procedure for reasonable accommodation requests for land use and zoning decisions and procedures to ensure that housing f®r people with disabilities is attainable without discretionary review; and WHEREAS, this Reasonable Accommodations procedure will include procedures and findings to ensure certainty and provide for clear decision-making standards for the process; and . WHEREAS, as evaluated in the Housing Element, the Town conducted review of its zoning code, building regulations, and permit handling process.; this review did not identify any regulations that would prohibit or impair any reasonable accommodation request. The Town also currently has administrative processes to allow for reasonable accommodation requests consistent with federal and state fair housing laws, and with the recent adoption of new multi -family zoning districts, desires to codify a reasonable accommodations procedure as set forth in Program B-9; and WHEREAS, the Town has prepared this Ordinance amending Title 10 of the Los Altos Hills Municipal Code to codify a Reasonable Accommodations procedure pertaining to zoning and land use decisions to implement Program B-9 (the "Ordinance"); and WHEREAS, under the California Environmental Quality Act ("CEQA"), CEQA only applies to projects which have the potential for causing a significant effect on the environment; and WHEREAS, on April 2, 2026, the Los Altos Hills Planning Commission held a public hearing to consider a recommendation to the Los Altos Hills City Council regarding the proposed Ordinance. At the public hearing, the Planning Commission reviewed and carefully considered all testimony, comments, and evidence presented in the record and during the hearing; and ORDINANCE 624 11 P a g e WHEREAS, at its April 2, 2026, meeting, the Planning Commission by Resolution No. 09-26 recommended the City Council adopt the Reasonable Accommodation Ordinance; and WHEREAS, on April 16, 2026, the Los Altos Hills City Council held a public hearing to consider proposed Ordinance and the Planning Commission recommendation. 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. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as follows: MIOIITt 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 September 2025 prepared by Michael Baker International; all reports, minutes, and public testimony submitted as part of the Planning Commission's April 2, 2026 public hearing and the City Council's April 16, 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. This Ordinance is exempt from CEQA pursuant CEQA Guidelines section 15061(b)(3) as CEQA only applies to projects which 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. This Ordinance establishes a procedure for applicants to request reasonable accommodations from zoning and land use regulations, and does not approve any projects, alter any development standards, or grant any entitlements. Each project will be subject to independent environmental evaluation based on the type of work proposed. As such, this Ordinance is a regulatory act taken by the Town and does not physically change the environment. Therefore, it is exempt from CEQA as it does not have the potential for causing a significant effect on the environment. 4. 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. 5. 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, specifically Program B-9. This Ordinance is consistent with Program B-9, and supports the Town's goals, policies and programs to expand accessibility, support special needs housing, encourage housing mobility, and provide housing opportunities to the disabled population. It also allows the Town to comply with state Housing Element and Housing Laws in furtherance of its ORDINANCE 624 2 1 P a g e Housing Element. SECTION U. AMENDMENT, 1. Amendments to Title 10 "ZoninLy and Site Development" of the Municipal Code. A new Chapter 3, "Administration and Procedures" and a new Article 1, "Reasonable Accommodation", are hereby added to Title 10 of the Municipal Code to read as follows. Other chapters, articles, sections, subsections, paragraphs and texts in Title 10 are not amended and shall continue in full force and effect. Chapter 3 Administration and Procedures Article I Reasonable Accommodation § 10-3.101 Purpose and Intent § 10-3.102 Applicability § 10-3.103 Procedures § 10-3.104 Required Findings § 10-3.105 Conditions of Approval § 10-3.106 Appeals; Expiration, Extensions, and Modifications § 10-3.107 Fees § 10-3.101 Purpose and Intent. The purpose of this Article is to provide a procedure for making reasonable accommodations in land use and zoning regulations when necessary to afford individuals with disabilities equal opportunity to use and enjoy housing consistent with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. It is the intent of the Town of Los Altos Hills pursuant to the fair housing laws to provide individuals with disabilities reasonable accommodation(s) in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This article applies to requests ests for reasonable accommodation in zoning and land use regulations, policies, procedures, development standards, or operational requirements related to housing. (a) Notice of Procedures. A notice shall be displayed at the Community Development Department advising the public of the availability of a reasonable accommodation procedure for eligible individuals in accordance with this article. The Community Development Department shall maintain an application form and adopt an administrative procedure/policy to implement the requirements of this article. (b) Application. An application for reasonable accommodation shall be filed with the Community Development Department using the application form maintained by the Department. The application shall provide all of the information required on said form and contained in the administrative procedure/policy adopted by the Department. (c) Review and Approval Authority. The Community Development Director shall review and act upon requests for reasonable accommodation. ..... .......... . ... .. ORDINANCE 624 3 1 P a g e (1) An application for reasonable accommodation pursuant to this article will be reviewed by the Community Development Director or designee for consideration. (2) The Community Development Director shall issue a written decision approving or denying the application within thirty (30) days from receiving a complete application containing all the information required in subsection (b) above. (d) Decision. The Community Development Director shall issue a written decision within thirty (3 0) days from receiving a complete application containing all the information required in subsection (b) above, which decision may grant the reasonable accommodation application, grant with modifications, or deny the application. (1) All written decisions shall explain in detail the basis of the decision consistent with this article and shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. (2) While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. (e) Review with Other Discretionary Permits or Approvals. Reasonable accommodation applications shall be reviewed and decided independently of other discretionary approvals and shall not be considered or reconsidered as part of those approvals but shall be regarded as an independent entitlement. A reasonable accommodation application being granted does not relieve the applicant of its obligation to obtain all other, applicable zoning, land use, and building approvals. (f) Three -Year Check -In Requirement. Applicants and property owners who have been granted accommodations shall be -required to respond to, three-year staff -initiated check -ins with the Town to determine whether the grounds for granting the requested accommodations pursuant to this article are still present. Staff would hold explicit authority to rescind accommodations if the resident does not respond to the Town's verification request. (g) Changes in Circumstances. The applicant and property owner shall notify the Town when the need for accommodation granted herein is no longer present due to changes in occupancy or other relevant changes in circumstance, within 60 days of such change occurring. § 10-3.104 Required Findings (a) The Community Development Director shall approve a reasonable accommodation application if all of the following findings are made: (1) The applicant has, or serves as the authorized representative of an individual with, a disability as defined by applicable state or federal fair housing laws; (2) The housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection under applicable state or federal fair housing laws; (3) The request for accommodation is necessary to make specific housing available to an individual protected under applicable state or federal fair housing laws or to afford equal opportunity to use and enjoy a dwelling for such individual; ---- --------- ORDINANCE 624 4 1 P a g e (4) The request for accommodation is reasonable and would not have a specific, adverse impact upon the public health and safety; (5) The request for accommodation does not impose an undue financial and administrative burden on the Town; and (6) The request for accommodation does not fundamentally alter the Town's zoning and land use regulations, policies, procedures, development standards, or operational requirements related to housing. § 10-3.105 Conditions of Approval. The Community Development Director may impose conditions of approval to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance. § 10-3.106 Appeals. The decision of the Community Development Director may be appealed in accordance with Section 10-1.1002. § 10-3.107 Fees. The Town shall not charge a fee for the processing or review of a reasonable accommodation request. Applicants shall be responsible for applicable permit fees and costs, provided such fees and costs- are required for the applicable permit application at issue and would apply irrespective of the reasonable accommodation request. 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. 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. ORDINANCE 624 5 P a g e INTRODUCED: April 16, 2026 PASSED: May 14, 2026 AYES: BHATEJA, TYSON, MOK, SWAN, TANKHA NOES: NONE ABSTENTIONS: NONE ABSENT: NONE 1 Z�' BY: ATTEST: Rajiv Bha eja, M yor Arika Birdsong -Miller, City Clerk APPROVED AS TO FORM: Steve Mattas, City Attorney ORDINANCE 624 6 1 P a g e