HomeMy WebLinkAbout3.3Item 3.3
TOWN OF LOS ALTOS HILLS November 4, 2010
Staff Report to the Planning Commission
SUBJECT: AMENDMENT TO THE TOWN OF LOS ALTOS HILLS GENERAL
PLAN: REVISIONS FOR THE 2009 HOUSING ELEMENT UPDATE
FROM: Brian Froelich, AICP, Associate Planner'
APPROVED: Debbie Pedro, AICP, Planning Director-
RECOMMENDATION
irector
RECOMMENDATION That the Planning Commission:
Review the revised 2009 Housing Element and forward a recommendation to the City
Council to approve the General Plan Amendment.
BACKGROUND
As required by State law and following City Council's approval of the Draft Housing
Element, the Los Altos Hills Housing Element was submitted to the California
Department of Housing and Community Development (HCD) for review on July 27,
2009. Their comments received on September 25, 2009 indicated that the element need
more information/clarifications and had several compliance deficiencies. In response, the
Housing Element Subcommittee convened to discuss the HCD comments and options in
revising the Housing Element in order to obtain the HCD compliance letter.
The Housing Element Subcommittee, 'comprising of Councilmember Summit,
Councilmember Mordo, resident Joan Sherlock and former Planning Commissioner Dot
Schreiner, met on February 23,-2010 and recommended revisions to the Housing
Element. On March 16, 2010, a revised Draft Housing Element was submitted to HCD.
On July 19, 2010, the Town received a second comment letter from HCD requesting
additional further modifications. In response, the Subcommittee reconvened on June 18,
2010 to discuss and recommend possible edits. The Final Draft was sent to HCD on July
19, 2010. (Attachment 5)
On September 16, 2010, the Town received a letter from HCD stating that the Final Draft
is adequate and when the 2009 Housing Element is adopted by the City Council and
submitted for final HCD review, it will be in full compliance with' the State's housing
element law.
For additional background information, please refer to the City Council and Planning
Commission meeting minutes and staff reports dated July 2, 2009 and July 23, 2009.
(Attachments 3 and 4)
PROPOSED HOUSING ELEMENT REVISIONS SUMMARY
The above noted efforts resulted in several changes to goals, ' policies, and programs of
the Housing Element since the July 23, 2009. version was approved by the City Council.
The attached Final Draft Housing Element document contains bold blue text to show
additions made since the 2002 Housing Element and bold red text to show additions
made in response to HCD comments. A Response Summary Matrix in Attachment 2
provides additional detail. HCD's comments can be broken down into two categories:
Information/Clarification and Compliance. Please see the summary points below:
Information/Clarification on the following items:
1. Second Unit Analysis - HCD requested that assumptions and forecasting
use only data from 1999 and newer. (Table 4.p. 19 and ¶571=574 p. 19-20)
2. Emergency Shelter at Foothill College - HCD requested that language
be added to the document to clarify that the Foothill College site will
allow an emergency shelter without a use permit or discretionary approval.
(Program 36 p. 65 and ¶648 p. 43)
3. Water and Sewer Capacity - HCD requested that the document make
clear that water and sewer capacity is available for the assigned regional
housing need. (1629-630 p. 38 and 1634 p. 39)
4. Fees and Exactions — HCD requested that the Town evaluate and
compare the fees and exactions of new residence and second units and
include strategies to avoid cost prohibition of secondary units. (Program
12 p. 57, ¶622 p. 36, and Appendix H-1)
5. Local Codes — HCD requested that the Town note any local modifications
to the Building Code in the document. (1617 p. 35)
6. Persons with Disabilities — HCD requested that the Town amend the
Municipal Code definition of Family and document where zoning allows
group homes- for greater than six (6) persons. (Program 34 p. 64 and 1651
p. 46)
7. Extremely Low -Income Category — HCD requested that the Town add
the "Extremely Low -Income category to the objectives section and update
Table 8'. (¶671 p. 70 and Table 8 p. 71)
8. Reliance on Secondary Units — HCD noted that the Town is relying
heavily on secondary unit production meet housing needs. The Town
should include an annual review of secondary unit incentives and amend
the incentives if they are not working. (Program 12 p. 57 and 1672 p. 70)
9. Multifamily Housing — HCD requested that the Town describe how it
will support student/faculty housing at Foothill College and allow other
institutional designated sites to allow employee housing. (Program 8 p. 56,
Program 16 p. 58-59, and 1642 p. 41-42)
Compliance on the following items:
1. Zoning for a Variety of Housing - Jurisdictions are required to
demonstrate the availability of zoning to encourage and facilitate a variety
of housing types, including multifamily. Foothill College has been
identified as a site suitable for multifamily (student and faculty) housing at
density up to 20 du/acre. (Program 16 p. 58-59 and 1642 p. 58-59)
2. Transitional and Supportive Housing - SB 2 requires jurisdictions to
allow transitional and supportive housing as a type of residential use
subject to the same development standards as other residential uses in the
same zone. (Program 38 p. 66 and 1649 p. 44)
NEXT STEP
The text amendments incorporate all revisions to the 2009 Housing Element as evaluated
by HCD as meeting the requirements of the State's housing element law. Upon adoption
by the City Council, the Housing Element will be forwarded to the Department of
Housing and Community Development for their final review and certification.
CEQA REVIEW/NEGATIVE DECLARATION
The Housing Element update is subject to CEQA. An Initial Study and Negative
Declaration were prepared and the required 20 day public review and comment period
expired July 14, 2009. Based on the fact that revisions to the 2009 Housing Element do
not create any new significant adverse impacts, the proposed modifications to the
Housing Element do not constitute significant new information that would require
recirculation of the Negative Declaration pursuant to CEQA Guidelines § 15073.5.
ATTACHMENTS
1. Letters from HCD dated September 25, 2009, May 12, 2010, and September 12, 2010
2. Response Summary Matrix
3. Planning Commission staff report and minutes dated July 2, 2009 (no attachments)
4. City Council staff report and minutes dated July 23, 2009 (no attachments)
5. Revised Final Draft Housing Element
Attachment 1
TAT OF IFr1RNIA 6UMN CST ANSPORTA I ICINCS Al:1=NCv KNQ1 n
,�1, �,�%Ig,ri 5SHWAR7FN__-- -__ •_•rri�r
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430 .
P. O, box 952053
®o
Sacramento, CA 94252-2053 �.r
(916) 323-3177 / FAX 19 16) 327-2643
www.hcd.ca.00v
September 16, 2010
Ms. Debbie Pedro, Planning Director
Planning and Building Department
Town of Los Altos Hills
26379 Fremont Road
Los Altos HiRs, CA 94022
Dear Ms. Pedro:
RECEIVED
SEP 1.8 2010
TOWN OF LOS ALTOS HILLS
RE: Review of the Town of Los Altos Hills' Revised Draft Housing Element
Thank you for submitting Los Altos Hills' revised housing element recti' Ned for review
on July 21, 2010 along with additional revisions on August 31, 2010 and
September 15, 2010. As you know, the Department is required to review draft housing
elements and report the findings to the locality -pursuant to Governmenl Code
Section 65585(b). The review was facilitated by communications with you and
Mr. Brian Froelich, Associate Planner.
The revised draft element addresses the statutory requirements described in the
Department's May 12, 2010 review. For example, the element now includes
commitments to amend zoning to allow and provide incentives for the development of
multifamily housing. As a result,'the revised draft element will comply with State
housing element law (Article 10.6 of the Government Code) when adopted and
submitted to the Department, pursuant to Government Code Section 65585(g).
Program 16 to amend zoning to permit and encourage multifamily housing is critical to
demonstrate compliance with the adequate sites requirement of housing element law.
As a result, the Town must monitor and report on the results of this program through
the annual progress report, required pursuant to Government Code Sel;tion 65400, and
amend programs as necessary if the program is not effective in providing adequate
sites to facilitate needed housing opportunities.
The Department appreciates the efforts and cooperation of you and Mr. Froelich and
looks forward to receiving the adopted housing element. If you have any questions,
please contact Raquel Medina, of our staff, at (916) 324-9629.
Sincerely,
zi,6�x�
Cathy E.�;ff�4a
well
Deputy Dor
;TATE_ C47 CAI IFORNI° B IS1 ESS TRANSPORTA T ION AND HOUSING AGFNcv Governor
fEPARTMENT OF HOUSING AND COMMt3NITY.DEVELOPMENT
AVISION OF HOUSING POLICY DEVELOPMENT n: N-":..
B00 Third Street, Suite 430
�. O. Box 952053
'acramento, CA 94252-2053 -
916) 323-3177 1 FAX (916) 327-2643
vw:v.hcd.ca.gav RECEIVED
May 12, 2010
Ms. Debbie Pedro, Planning Director
Planning and Building Department
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Dear Ms. Pedro:
MAY 13 2010
TOWN OF LOS ALTOS HILLS
RE: Review of the Town of Los Altos Hills' Revised Draft Housing Element
Thank you for submitting. Los Altos Hills' revised housing element received for review on
March 17, 2010 along with additional revisions on May 10, 2010. As you know, the
Department is required to review draft housing elements and report the findings to the
locality pursuant to Government Code Section 65585(b). The review was facilitated by
communications with you and Mr. Brian Froelich, Associate Planner.
The revised draft element addresses most of the statutory requirements described in
the Department's September 25, 2009 review.. However, the following revision is
necessary to comply with State housing element law (Article 10.6 of the Government
Code).
The housing element shall contain programs which "assist in the development of
adequate housing to meet the needs of extremely low-, low- and moderate -income
households (Section 65583(c)(2)).
While Program 16 commits to apply for funding to assist in the development of housing
for lower-income households, it does not have actions to specifically address extremely
low-income (ELI) households. In addition, Program 16 commits to allow single -room
occupancy (SRO) units, which can assist in meeting the needs of single -person
extremely low-income households (ELI). However, SROs do not address the needs of
family or larger ELI households; as a result, programs should be added or. revised to
specifically assist in the development of a variety of housing types to meet these needs.
For example, Program 16 could be revised to describe when the City will identify
developers and apply for funding to assist the development of housing for larger ELI
households.
Ives. Debbie Pedro, Planning Director
Page 2
Once the element has been revised to address this requirement, it will comply with
State housing element law. If you have any questions, please contact Raquel Medina,
of our staff, at (916) 324-9629.
Sincerely,
Cathy E. Creswell
Deputy Director
TATF .ZANSPORTATIQUAH11 HOUSING AGENCY ARNOLD SCMMAR7E1\4EGGER Governor
°;EPARTMENT OF -HOUSING AND COMMUNITY DEVELOPMENT
WISION OF HOUSING POLICY DEVELOPMENT
Ya
300 Third street, suite 430
G. Box 952053 `�,••
acramento, CA 94252-2053 _
316) 323-3177 / FAX (916) 327-2643
ww.hcd.ca.gov
RECEIVED
September 25, 2009
Ms. Debbie Pedro, Planning Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Dear Ms. Pedro:
SEP 2 S 2009
TOWN OF LOS ALTOS HILLS
RE: Review of the Town of Los Altos Hills' Draft Housing Element
Thank you for submitting Los Altos Hills' draft housing element received for review on
July 29, 2009. The Department is required to review draft housing elements and report
the findings to the locality pursuant to Government Code Section 65585(b). A
telephone conversation on September 22, 2009 with you and Ms. Lauren Mattern, your
consultant, facilitated the review.
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State housing element law (Article 10.6 of the Government
Code). For example, the element must include complete analyses of the sites inventory
and potential governmental constraints. The enclosed Appendix describes these and
other revisions needed to comply with State housing element law.
The Department appreciates the cooperation and assistance of you and your consultant
throughout the course of the review and is committed to assist Los Altos Hills in
addressing all statutory requirements of housing element law. If you have any
questions or need additional technical assistance, please contact Raquel Medina, of our
staff, at (916) 324-9629. W_ -
Sincerely,
aAW—lek—
Cathy E. Creswell
Deputy Director
Enclosure
APPENDIX
TOWN OF LOS ALTOS HILLS
The following changes would bring Los Altos Hills' housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on the Department's website at
www.hcd.ca.gov/hpd. Refer to the Division of Housing Policy Development and the section
pertaining to State Housing Planning. Among other. resources, the Housing Element section
contains the Department's latest technical assistance tool Building Blocks for Effective Housing
Elements (Building Blocks) available at www.hcd.ca.gov/hpd/housing element2/index.php, the
Government Code addressing State housing element law and other resources.
A., Housing Needs, Resources, and Constraints
Include an inventory of land suitable for residential development, including vacant sites
and sites having the potential for redevelopment, and an analysis of the relationship of
zoning and public facilities and services to these sites (Section 65583(a)(3)). The
inventory of land suitable for residential development shall be used to identify sites that
can be developed for housing within the planning period (Section 65583.2).
The Town of Los Altos Hills has a regional housing need allocation (RHNA) of 81 housing
units, of which 46 are for lower-income households. To address the regional housing
need, the Town is relying on a combination of available vacant sites and the development
of second units. However, to demonstrate the adequacy of these sites and strategies to
accommodate the Town's RHNA, the element must include complete analyses, as
follows:
Second Units: The element assumes approximately 74 percent of second units will be
affordable to lower-income households based on the Town's 2009 survey of second
units. However, the element is unclear whether affordability assumptions are based on
newer second units or all second units, including recent amnesty units. The element
should base affordability assumptions for second units on newer second units.
Zoning for a Variety of Housing Types .
Multifamily. Government Code Sections 65583(c)(1) and 65583.2(c), including
amendments, pursuant to Chapter 724, Statutes of 2004 (AB 2348), require jurisdictions
to demonstrate the availability of zoning to encourage and facilitate a variety of housing
types, including multifamily. The availability of multifamily housing at appropriate
densities is critical to providing the variety of housing necessary to address the needs of
lower-income families and workers as well as the provision of transitional and supportive
housing. Therefore, the element must provide opportunities for this type of development.
For example, the Town could consider adding or revising programs allowing the
conversion of existing large single-family houses to multifamily uses or provide
multifamily opportunities at appropriate densities (i.e., 20 units per acre or more) on sites
with institutional uses for employee housing such as Foothill College.
-2 -
Emergency Shelters: The.element includes Program 36 to allow emergency shelters in
the Foothill Community College District (page HE -56). However, pursuant to
Chapter 633, Statutes of 2007 (SB 2), the element must describe the suitability of the
District for emergency shelters and demonstrate adequate capacity to accommodate the
development of at least one year-round shelter. Please note, the statute also provides
flexibility in addressing requirements by allowing jurisdictions to demonstrate the need for
emergency shelters can be accommodated through a multi jurisdictional agreement.- For
further information, please refer to the Department's SB 2 memo at
http://www.hcd.ca.gov/hpd/sb2 memo050708.pdf.
Transitional and Supportive Housing: The element did not address this requirement.
Pursuant to SB 2, transitional and supportive housing must be permitted as a residential
use and only subject to those restrictions that apply to other residential uses of the same
type in the same zone. The element should demonstrate consistency with the
requirements of SB 2 or include programs as appropriate. See the Department's SB 2
technical assistance memo at http://www.hcd.ca.gov/hpd/sb2 memo050708.pdf.
Suitability and Availability of Infrastructure: While the element discusses the availability
of some water and sewer lines (pages HE -33-35), it must clearly identify whether
sufficient water and sewer capacity exists or is planned to accommodate Los Alto's Hills'
regional housing need.
For your information, Government Code Section ,65589.7 requires water and sewer
providers to establish specific procedures and grant priority water and sewer service to
developments with units affordable to lower-income households. The statute also
requires. local governments to immediately deliver the housing element to water and
sewer providers. The Department recommends including a cover memo describing the
Town's housing element, including the Town's housing needs and share of the regional
housing need. In addition, the Town could request priority granting of water and sewer
services to second units. Refer to the Department's technical assistance memo at
http://www.hcd.ca.clov/hpd/memo sb1087.pdf.
2. Analyze potential and actual governmental constraints upon the maintenance,
improvement, and development of housing for all income levels and persons with
disabilities (Section 65583(a)(5)).
Fees and Exaction: The element lists some development and building permit fees
(Appendix H); however, it should also describe and analyze the cumulative effect or
proportion of fees and exactions on development costs for a single-family and a second -
unit. Refer to the Building Blocks' website at
http://www.hcd.ca.gov/hpd/housing element2/CON fees.php.
Codes and Enforcement: While the element has Program 4 ( page HE -45) to enforce the
Uniform Housing Code, it must also identify and analyze any local amendments to the
building code for impacts on the cost and supply of housing.
Constraints on Persons with Disabilities: While the element includes Program 34 to
consider establishing policies and procedures to ensure ADA compliance (page HE -22),
it must include a complete analysis of zoning and development standards for the
development of housing for persons with disabilities. The analysis should address
-3-
zoning, development standards, building codes, and approval procedures for the
development of housing for persons with disabilities. Examples of'standards and
requirements that could be analyzed include: (1) any defini ' ily in the zoning
code; (2) spacing or concentration requirements; and, (3) permitting requiremen Tsor
group omes serving seven or more persons. For further information, refer to the
Building Blocks' website at http://www.hcd.cei aov/hpd/housing e1ement2/COPD disabilities.php.
B. (quantified Oblectives `
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five -year -time frame (Section 65583(b)(1 & 2)).
While the element includes objectives by income group for very low-, low-, moderate- and
above moderate -income (page HE -60), it must also include objectives for extremely low-
income households.
C. Housing Programs
Identify adequate sites which will be made available through appropriate zoning and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels,
including rental housing, factory -built housing, mobilehomes, and emergency shelters
and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the need for groups of
all household income levels pursuant to Section 65584, the program shall provide for
sufficient sites with zoning that permits owner -occupied and rental multifamily residential
use by right, including density and development standards that could accommodate and
facilitate the feasibility of housing for very low- and low-income households (Section
65583(c)(1)).
As noted in Finding A-1, the element does not include a complete sites analysis and
therefore, the adequacy of.sites and zoning were not established.' Based on the results
of a complete sites inventory and analysis, the Town.may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing types.
At a minimum, the element should be revised as follows:
Programs 13 14 and 15 (Second Units): Given the importance of encouraging second
units affordable to lower-income households, these programs should include a
commitment to annually review incentives or regulatory concessions to evaluate their
effectiveness. Should the incentives not appear effective in encouraging second units
affordable to extremely low -,very low-, low -'and moderate -income households, the
element should be revised to adopt additional incentives.
Multifamily Housing: As stated in Finding A-1, identifying opportunities for multifamily
development is necessary, to provide a variety of housing types and housing choices to
address the housing needs of the Town's workforce and extremely low-income
households. For example, Program 8 could be revised to:
® commit to facilitate opportunities for multifamily development;
® identify the potential capacity for residential development on the sites covered by
proposed ordinances;
® clarify the proposed zoning densities and housing types to ensure their
appropriateness to encourage multifamily development (i.e., 20 units per acre); and
® describe incentives to be provided.
Program 17 (page HE -50): Describe how the Town will support Foothill College to
develop student, faculty and employee housing on college properties. For example, the
Town could commit to identifying a list of incentives it will provide to encourage
development.
2. The housing element shall contain programs which "assist in the development of
adequate housing to meet the needs of extremely low-, low- and moderate -income
households (Section 65583(c)(2)).
Pursuant to Chapter 891, Statutes of 2006 (AB 2634), existing programs should either be
expanded or new programs added to specifically assist in the development of a variety of
housing types to meet the housing needs of extremely low-income. households. For
example, the element could revise programs to prioritize some funding or apply for
funding for the development of a variety of housing types affordable to extremely low-
income households. In addition:
Program 41 (page HE -57): Describe how the Town participates with the County
allocation of CDBG funds.
3. The housing element shall contain programs which "address, and where appropriate and
legally possible, remove governmental constraints to the maintenance, improvement, and.
development of housing" (Section 65583(c)(3)).
As noted in Finding A-2, the element requires a complete analysis of potential
governmental constraints on housing for persons with disabilities, among other things.
Depending upon the results of the analyses, the Town may need to revise or add
programs and address and remove or mitigate any identified constraints. In addition:
Program 39 (page HE -57): When will the Town "establish and implement" residential
development guidelines.
-5-
D. AB 162 — Flood Managemen
For your information, Government Code Section 65302 requires cities and counties in
California to amend the safety and conservation elements of their general plan to include
analysis and polices regarding flood hazard and management information upon the next
revision of the housing element on, or after, January 1, 2009. Government Code
Section 65302 also requires cities and counties in California, effective January 1, 2009, to
annually review the land -use element for those areas subject to flooding identified by flood
plain prepared by the Federal Management Agency or the Department of Water Resources
(DWR).
Any amendments to the safety, conservation, and land -use elements, based on the
requirements of Government Code Section 65302, will require a review of the housing
element for internal consistency, which may in turn, require amendments to the housing
element. Local jurisdictions should contact DWR's Division of Flood Management for
assistance in obtaining the most -current floodplain mapping information needed for the
analysis. Contact information is available on the DWR's website at
hftp://www.dwr.water.ca.gov/floodmqmt/irafmo/fmb/.
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A.1.
HE -19 - HE -20 (571-574)
Response: Affordability assumption was recalculated using newer
-Second Units Analysis
Table 4
2nd units (those produced after 1999). Table 4 shows the newer
units and their respective rental distribution.
Information/Clarification: In the effort of showing
how the Town will meet the assigned Regional
Housing Needs Assessment (RHNA-81 units), HCD
asked that the Town to use newer data for 2nd Unit
forecasting.
-Zoning for a Variety of Housing Types
HE -41— HE -42 (642)
Response: Foothill College has been identified as the site to
HE- 58 —HE -59 (Program 16)
accommodate multifamily housing. Program 16 states that the
Government Code Compliance: Jurisdictions are
Town will amend the GP Land Use Diagram changing the
required to demonstrate the availability of zoning
designation of Foothill College to Public College (PC). The program
to encourage and facilitate a variety of housing
also will amend the ZO to allow PC sites to install
types, including multifamily.
student/staff/faculty housing at a density up to 20du/ac.
-Emergency Shelters (SB2)
HE -43 (648)
Response: Paragraph 648 notes that the Foothill College site is
HE -6S (Program 36)
relatively flat, connected to public transit, near the freeway, and has
Information/Clarification: Foothill College has been
adequate utility accommodations to support an emergency shelter.
designated as a suitable site for an Emergency
Program 36 notes that, as required by state law, the ZO will be
shelter. HCD has requested more information on
amended to allow an Emergency Shelter to be located at Foothill
the suitability of the site and land use restrictions.
College.
Clarified that the emergency shelter is allowed by right, no CUP
needed. Paragraph 648
"Nonetheless, in compliance with SB 2, a program has been added
to the Housing Element (Program #36) to allow an emergency
shelter by right within the Institutional land use district on the
Foothill Community College site."
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-Transitional and Supportive Housing (SB2)
HE -44 (649)
Response: Program 38 amends ZO to allow transitional and
HE -66 (Program 38)
supportive housing in R -A subject to same development standards.
Government Code Compliance: SB 2 requires
jurisdictions to allow transitional and supportive
housing as a type of residential use, and subject
them to the same restrictions as other residential
use in the same zone.
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
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-Suitability and Availability of Infrastructure
HE -38 (629 and 630)
Response: The Town's Land use Element #146 summarizes the
HE -39 (634)
Town's capacity limitations pertaining to sanitary sewer as follows:
Information/Clarification: HCD requests that the
document identify whether sufficient water and
"146 -While there has always been sufficient capacity in the Palo Alto
sewer capacity exists or is planned to
system to accommodate all residences on the north side, the Town has
accommodate LAH's regional housing need.
been constrained by capacity limitations in the Los Altos system.
However, in 2007, the Town and the City of Los Altos signed a new
contract that provides additional capacity that will now allow all
residences within corporate limits of the Town and its sphere of
influence to access sewers. "
This language was added to Housing Element paragraph 629. The
new contract also applies to capacity at the foothill College site.
(630)
Paragraph 634 was modified to state that water service and supply
is sufficient to accommodate the community's regional housing
needs through development on the sites identified in the Housing
Element sites inventory.
Clarified that there is adequate sewer capacity for RHNA #.
Paragraph 629.
"Currently, there is sufficient sewer capacity to accommodate the
community's regional housing needs through development on the
sites identified in the Housing Element sites inventory."
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
Revised HouserEl
p ementM
HCD Comment Letter
Response Summary
w :. .... ; _ _ _.,,.Ew,f?age
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bt sb.. h Xe +I..� �
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.y, _.. 'S
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uantifed sctives .� -f
.�.. _ .,. r. ..-.. .w. ... ,sr "YS.`.§
� 4J �� +:L � � J.r ,.
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'.�.. .Y,sZ.... ..'s< a-. �_ s. la±t,I�Y Cd 'ho, .,.v 3 '�.1 �. u..�*,Y.- a,+JS a:�u...:.,?5„5a � �:'h^.'�+..r. u'�-,w ?�`lfi2x3,..:�;:FCa`zr`'r�"s.
-Objectives for extremely low-income households
HE -70 (671)
Response: In both paragraph 671 and Table 8, the document has
HE -71 (Table 8)
been amended to account for the "extremely low-income” category.
Information/Clarification: HCD requests that the
Town address the "extremely low-income"
category in the objectives.
More information on rehabilitation of housing stock. Summary of
permits. Table 9 HE -70
TI". :.7:.[ :•'�}P
-rt .:..L• 1 .............. ... ._ .... ..... s ?. ,. "J'+...,.,. �, . .^�-., .-,. -,:. k.,
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'rw: i _ 4. .t` R..:1* i s. y 1 ,
�i•, .:; . y., � ry fir �.
.b'lF�.n..
C.I. Second Units
HE -57 (Program 12)
Response: Program 12 states that the Town will annually monitor
-Programs 13, 14, and 15
HE -70 (672)
the process, fees, and information availability.
Information/Clarification: HCD requests that
Summary Objectives paragraph 672 summarizes all possible
because the Town is relying so heavily on 2nd unit
incentives for 2nd units and other methods of meeting the RHNA:
production for meeting the RHNA, that the Town
-admin processing
annually review the incentives and other measures
-parking requirements
to ensure the implementation. The Town should
-fees
also amend the Housing Element if the measures
-brochure
and incentives are not working.
-annexation
Larger family ELI accommodation. Program 15 HE -58
"Update the Second Unit ordinance to allow detached second units
to have basements which do not count towards Maximum Floor
Area (MFA). This will allow the second units to be developed with
more than two (2) bedrooms, accommodating larger extremely
low income (ELI) households."
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
sRvis
eHousing Element
ed
..
s
i +1 fr C.
HCDYComment Letter,
1� W ,?w:.' . 'G
w �,
:="'rb f V 7 ti
Response Summary
Ya 4 Y
A.2.
HE -36 (622)
Response: Appendix H-1 shows the breakdown of typical fees for
—Fees and Exactions
Appendix H-1
new residence vs. a 2nd unit. The 2nd unit is less than 1/3 the cost.
Information/Clarification: HCD requests more
HE -57 (Program 12)
Program 12 states that the Town will simplify the process for 2nd
evaluation of the Town's fee structure for 2nd units
units through procedure and available information. The Town will
as compared to new residences. The Town needs
also consider waiving sewer fees, housing fees, modifying parking
to show that fees are not prohibitive to meet the
standards, and review the effectiveness of these strategies annually.
RHNA requirements.
-Codes and Enforcement
HE -35 (617)
Response: Language added to note the Town's local amendment of
class -A roofing on all buildings.
Information/Clarification: HCD has requested the
Town identify any local amendments to the
Building Code.
-Constraints on Persons with Disabilities
HE -46 (651)
Response: The Town will adopt an inclusive and nondiscriminatory
HE -64 (Program 34)
definition of family in the ZO definitions section. Since the Town has
Information/Clarification: HCD requests that the
only a single family residential district; therefore, allowances for
Town define "family" in the zoning code, describe
group homes over six specifically for the disabled in other zoning
spacing and concentration requirements, and
districts are not necessary. The Town currently allows handicapped
permitting requirements for group homes serving
ramps, landings, and other facilities on all sites, not subject to
seven or more persons.
setback standards. Further, the Town will be establishing written
procedures.'
Referenced 10-1.702.h that allows residential care facilities for 6 or
fewer. Paragraph 651
"The Town's zoning ordinance Section 10-1.702.h currently permits
residential care facilities serving six or fewer person by right as an
accessory use in the R -A zone. The Town has only a single family
residential district; therefore, allowances for group homes over six
specifically for the disabled in other zoning districts are not
necessary."
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
HCD Comment Letter
Revised Housing Element w,
Response Summary'
-Multifamily Housing
HE -56 (Program 8)
Response: Program 8 includes a ZO amendment to allow
-Program 17 (page HE -50)
HE -41— HE -42 (642)
institutional sites with approved CUP's to apply for employee
HE -58 — HE -59 (Program 16)
housing. For Foothill College see response to "Zoning for a Variety of
Information/Clarification: HCD requests
Housing Types"(A.1)
elaboration on how the Town will facilitate
multifamily housing and how the Town will
Beyond the aforementioned code amendments in the response to
support Foothill College to provide
A.1., the Town will work to expedite permit processing and Foothill
student/staff/faculty housing and other
College could be eligible for CDBG and/or HOME funds in support of
institutional properties in providing employee
extremely low, very low, and low income units.
housing.
Clarification language. Program 8 HE -56
HCD also requests the Town to describe how
supportive efforts will be extended to Foothill
"Modify the Zoning Ordinance to allow non-residential uses with
College for development of student/faculty/staff
approved Use Permits located within Los Altos Hills to provide on -
housing.
site housing for employees."
"Include language i.e. reaching out to organizations or foothill
college to explore housing opportunities. Program 16 HE -58
*'he Town will regularly communicate with the college in an
effort to explore the possibility of student and employee housing.
When there is an appropriate opportunity, the Town will meet
with multi family housing developers and the college to discuss the
proposal and work to find ways to expedite the processing of
permits."
Town of Los Altos Hills, 2009-2014 Housing Element ) Response Summary Matrix for HCD, July 2010
'_,HCD'L omment Letfer
�
Rewsed: Housing Element
_
Reference
Response Summary < k
C.2. CDBG
HE-47 (652-653)
Response: The Town participates with Santa Clara County as part of
-Program 41 (page HE-57)
the Urban County Consortium for Federal Community Development
Block Grant (CDBG) and HOME funds.
Information/Clarification: HCD requests that the
Town describe how it participates with the county
In addition, the Town will continue to contribute to the Housing
in allocation of CDBG.
Trust Fund of Santa Clara County to increase the supply of
affordable housing in Santa Clara County within three program
areas: first-time homebuyer assistance, multi-family rental housing,
and homeless with special needs.
C.3. Residential Development Guidelines
HE-66 (Program 40)
Response: There is an existing site development review process
-Program 39 (page HE-57)
summary document that will continue to be updated.
Town of Los Altos Hills, 2009-2014 Housing Element I Response Summary Matrix for HCD, July 2010
Attachment 3
TOWN OF LOS ALTOS HILLS July 2, 2009
Staff Report to the Planning Commission
RE: AMENDMENT AND UPDATE TO THE TOWN OF LOS ALTOS HILLS
GENERAL PLAN HOUSING ELEMENT
FROM: David Keyon, Associate Planner
Lauren Mattern, Planning Consultant
APPROVED BY: Debbie Pedro, Planning Director
RECOMMENDATION: That the Planning Commission:
1. Review the proposed amendments and updates to the Los Altos Hills General Plan
Housing Element and the proposed Initial Study/Negative Declaration and
consider comments from the public.
2. Make a recommendation 'to the City Council to approve the Initial Study/Negative
Declaration and adopt the proposed amendments to the Los Altos Hills General
Plan Housing Element with any modifications deemed appropriate.
BACKGROUND:
One of the mandatory elements of a General Plan is a Housing Element that analyzes
housing needs and adopts goals, policies, programs and quantified objectives to provide
for future housing needs. State law requires each town, city, and county to prepare a
Housing Element that must be updated once every five years. The 2009 Housing Element
update is the statutory update of the Town's Housing Element which was adopted by the
Town and certified by the State in 2004.
The Housing Element's goals focus on preserving the semi -rural character of the Town
while meeting local and regional housing needs, encouraging energy conservation,
retaining older residents/senior citizens in the community, and eliminating discrimination
and arbitrary barriers in housing access.
In February 2009 the Town formed a Housing Element Subcommittee, consisting of
Mayor Jean Mordo, Councilmember Ginger Summit, former Planning Commissioner Dot
Shreiner and resident Joan Sherlock. This committee met four times to review the 2002
Housing Element, discuss current housing issues in the Town, and explore new policies
to meet the Regional Housing Needs Allocation (RHNA) numbers and new policies
required by the State.
Public Input and Partici ap tion
As part of the Housing Element update process, the Town conducted two surveys and
held one public workshop.
Planning Commission
July 2, 2009
Page 2
To determine the success of the Town's Second Unit program, a Second Unit Survey was
sent to all Town residents in March of 2009, with 1,043 responses (a 36.6% response
rate). This survey served two purposes: 1) to determine information on existing second
units within the Town (i.e., number, size, occupancy, and rent ranges), and 2) to gauge
interest in future second unit construction and solicit suggestions on possible incentives
to encourage the production of second units. The results of this survey were used to
determine compliance with the RHNA numbers and to develop policies to further
encourage second unit construction. A copy of the Second Unit Survey is included in
Appendix A of the 2009 Housing Element.
A Public Comment Card was also mailed to all Town residents to determine general
housing needs and issues. A copy of the Public Comment Card is included as Appendix
C of the 2009 Housing Element.
A public workshop was held on March 31, 2009 to provide a forum for residents and
interested parties to discuss housing issues in Los Altos Hills. Residents described
interest in housing options that allow elderly residents to stay in the community, and
discussed ways to encourage second units to, provide more housing options while
maintaining the residential, semi -rural character of the Town.
DISCUSSION:
Implementation of the 2002 Housing Element
The Town has successfully implemented a number of the programs outlined in the 2002
Element. The success of these programs has resulted in:
• The development of 34 new residential second units between 2002 and
2006;
• . Prezoning of the Spalding/Magdalena area within the Town's Sphere of
Influence which consists primarily of lots that are one quarter of an acre in
size or smaller.
• Waiving the housing fee (currently $1,150) for all residential secondary
units;
• Maintaining an inventory of secondary units and providing _monthly and
yearly updates on the construction of secondary units;
• Amending the Zoning Ordinance to allow board and care facilities for six
or fewer residents and transitional housing;
• Providing information to Town residents about Community Development
Block Grant funds for housing rehabilitation loans for lower income
households on the Town website;
• Completion of an inventory of vacant and underdeveloped lands suitable
for residential development
Planning Commission
July 2, 2009
Page 3
• Meeting the Regional Housing Needs Allocation (RHNA) as determined
by the Association of Bay Area Governments (ABAG).
Regional Housing Needs Allocation (RHNA)
A key component of the Housing Element is satisfying the Regional Housing Needs
Allocation (RHNA) as determined by the Association of Bay Area Governments
(ABAG). Every community in California is assigned a RHNA on the basis of anticipated
population growth and jobs in the community.
For the period covered by the 2002 Housing Element, the Town was assigned a RHNA of
83 housing units, broken down into income groups as shown in the following table:
Actuall2esidential
2002hRHNA'>;
Permitti 2002200,6, - s
Above Moderate 53
92
Moderate 15
5
Low 5
11
Very Low 10
18
Total 83
126
Los Altos Hills exceeded the ABAG Regional Housing Needs Allocation in the 2002-
2006 planning cycle, and with the exception of units in the "moderate" income category,
has met residential unit construction objectives. The Town's efforts to promote second
units are working well, producing units at the low and very low affordability levels in
excess of the RHNA requirement. The Town's single ' family residential production
surpasses Regional Housing Needs Allocation targets in the above moderate category.
Some programs outlined in the 2002 Element were not adopted, such as the
implementation of a density bonus ordinance in conformance with State law, and the
establishment of procedures for review of new residential developments to ensure ADA
compliance. These programs will be carried over to the 2009-2014 Housing Element
cycle. Other programs are ongoing and have been continued to the 2009 Housing
Element, such as modification of the Zoning Ordinance to allow employee housing on
institutional properties (such as Foothill College, Fremont Hills Country Club, and
Packard Foundation), and preparing informational handouts on topics such as the benefits
of undergrounding utility lines, secondary unit information, updates on the construction
of new units and rehabilitation of existing residential units, the benefits of brush and
weed abatement, and hydrant upgrade requirements.
Regional Housing Needs Allocation (RHNA) for the 2009 Housing Element
For the 2007-2014 planning period (the time period covered by the 2009 Housing
Element), ABAG has given Los Altos Hills a RHNA of 81 new residential units, a lower
number than surrounding communities to more closely reflect the residential (non -
employment generating) character of the Town. The current RHNA number is broken
Planning Commission
July 2, 2009
Page 4
down into different income categories, as shown in the following table:
Area Meclan r '
t' ` Group ` ���� �(4 ;person RIiN`A 1�Tumber
Very Low Income Up to 50% AMI $53,050 �27
Low Income 51-80% AMI $84,900 19
Moderate 81-120% AMI $126,600 22
Above Moderate Over 120% AMI Over $126,600 13
Total: 81
To meet its regional fair share of housing needs for very low, low, and moderate incomes,
the Town will continue to rely primarily on the construction of second units. The Second
Unit Survey sent to all Town residents in March verified that second units remain a
source of affordable, rental housing for the community. Further, based on the rate of
construction of secondary units between 2002 and 2008, it is anticipated the Town can
potentially meet its regional fair share for the 2007 — 2014 timeframe of the current
Housing Element through this program alone.
A Vacant and Underutilized Parcels Inventory was performed in March 2009 (Housing
Element Appendix F), which illustrates that, under current zoning designations, the Town
has an estimated additional capacity range of 61-186 residential units that can be
developed. In addition, each property of one acre or more in size is eligible for the
construction of a second unit, subject to certain limitations. Therefore, Los Altos Hills has
sufficient zoned capacity to accommodate the overall RHNA allocation and there is no
need to rezone properties to accommodate the needs identified in the Element or to
implement the programs identified in the element.
Program changes for the 2009 Housing Element Update:
The State Department of Housing and Community Development (HCD) now requires
jurisdictions to select a site for potential future emergency/homeless shelter, allow single -
room occupancy (SRO) residential units, and address flood control issues in their
Housing Elements.
Emergency/Homeless Shelter Requirement
S132 of 2007 clarifies and strengthens housing element law to ensure zoning encourages
and facilitates emergency/homeless shelters and limits the denial of emergency shelters
and transitional and supportive housing under the Housing Accountability Act. To meet
this requirement, the Town must identify a site where such a shelter can be allowed, but
does not have to build the shelter. Housing Element Program HE -34 identifies the
Foothill Community College site as the location for a potential future
emergency/homeless shelter as it is the only site in the Town with convenient public
transit access.
Planning Commission
July 2, 2009
Page 5
Single -Room Occupancy (SRO) Requirement
California Government Code Section 65583 now requires that every jurisdiction allow
Single -Room Occupancy (SRO) units in at least one zone. SRO's are usually small (250-
350 square feet), individual units that can be used as transitional or affordable housing.
Since Los Altos Hills is semi -rural in character and almost entirely zoned R -A with
single-family residences on parcels of 1 acre or more, the only logical site in Town would
be to allow SRO's as employee/faculty/student housing at Foothill Community College.
This requirement is addressed in Housing Element Program HE -33.
Flood Protection
SB 162 requires cities and counties to address flood protection issues in their updated
Land use, Conservation, Safety, and Housing Element updates. Policy F of the Housing
Element, which is continued from the 2002 Housing Element, will continue to require
storm water drainage and erosion control systems to be designed to maintain, to the
greatest extent possible, existing water drainage patterns and to protect existing
downstream lands from flooding and flooding related hazards.
Policy changes to encourage Second Units
As the Town's Second Unit program remains the primary source of affordable rental
housing in the Town, additional programs are proposed to further encourage their
construction. Program 12 seeks to develop reasonable criteria for reducing or waiving the
building permit fees for second units to make their construction more affordable.
Program 13 seeks to develop reasonable criteria for reducing or waiving the sewer
hookup fee for second units (the sewer hookup fee is currently $7,950 or more, depending
on the number of Fixture Units determined by the Plumbing Code). Finally, Program 14
considers reviewing the Town's parking requirement by eliminating the prohibition on
tandem parking for second units.
One program discussed both in the Second Unit Survey and at the Housing Element
Workshop is a Floor Area/Development Area bonus for second units, similar to the
current Development Area bonus offered for the construction of solar photovoltaic
systems. About 50% of respondents to the Second Unit survey responded favorably to
this idea. However, the Housing Element Subcommittee decided to pursue other
programs to encourage second units, such as waiving or reducing fees for building
permits and sewer . hookups, and exploring the possibility of amending the parking
requirements for second units to allow tandem parking.
In addition to policy changes, the Housing Element has been re -formatted to be consistent
with the rest of the General Plan as updated in 2007.
Planning Commission
July 2, 2009
Page 6
CEQA STATUS:
In conformance with CEQA requirements, staff prepared an Initial Study and Negative
Declaration. A Notice of Intent to adopt a Negative Declaration was published in the
Town Crier on June 24, 2009. The notice was also submitted to the Santa Clara County
Clerks Office for a 20 day public review period which began on June 24, 2009 and ends
on July 14, 2009.
ATTACHMENTS
1. Draft 2009 Los Altos Hills Housing Element
2. Initial Study and Negative Declaration
Planning Commission Minutes Approved 8/6/2009
July 2, 2009
Page 10
This item is will be forwarded to a future meeting of the Planning Commission.
5.4 MANDATORY UPDATE OF THE HOUSING ELEMENT OF THE GENERAL
PLAN AND NEGATIVE DECLARATION. One of the mandatory elements of a
General Plan is a Housing Element that analyzes housing needs and adopts goals,
policies, programs and quantified objectives to provide for housing needs. State
law requires each town, city, and county to prepare a Housing Element that must
be updated once every five years. The 2009 Housing Element is the statutory
update of the Town's Housing Element which was adopted by the Town and
certified by the State in 2002. The Housing Element Update is subject to CEQA
and an Initial Study and Negative Declaration has been prepared for public review
and comment.
Debbie Pedro recognized two members of the Housing Element sub -committee present in the
audience, Councilmember Ginger Summit and Dot Schriener.
Lauren Mattern, Consultant Planner, presented the draft update of the General Plan's Housing
Element. Responses to new requirements from the State for housing people with disabilities,
increased detail for site inventories, improved coordination with water and sewer providers, and
addressing the needs of low income Households are reflected in the update. Also required was the
analysis of the need and a potential location for a homeless shelter.
Staff explained that the State mandated homeless shelter would not be the same type of
emergency housing that would be needed during`a disaster.
Lauren Mattern stated that the Housing Element sub -committee had provided guidance,
discussed policy ideas, and reviewed the draft document. On March 31, 2009, a community
workshop was held to gather feedback from the public. A Town -wide Second Unit survey and
public comment form had been mailed to all residences to obtain information on second units
and to solicit public input on general housing issues.
Commissioner Harpootlian asked why the Town was not eliminating the requirement for an
additional parking space to encourage more second unit construction.
Staff explained that the City Council had mandated an extra parking space for second units when
the Second Unit Ordinance was approved. An ordinance amendment would be needed to change
that requirement.
Commissioner Harpootlian commented that on page 59, the Eucalyptus Ordinance should be
considered for inclusion. On page 35 there is no program listed regarding the issues with the Los
Altos Sanitary Sewer District and as a significant constraint to development, there should be a
policy to address it.
Chairman Clow asked if the 95 pre -zoned lots mentioned on page 47 in program 7 were a quarter
acre in size. He felt that changes to the Town should be seriously considered before annexing so
many homes that are completely out of character with the Town's building ordinances. He felt
Planning Commission Minutes Approved 8/6/2009
July 2, 2009
Page 11
that inclusion of annexation language into the Housing Element creates a momentum to annex
the homes and he requested wording that would make annexation less likely.
Staff explained that the program was carried over from the previous Housing Element were it
helped meet the higher density requirement as the lots are under the Town's sphere of influence.
OPENED PUBLIC HEARING
Dot Schreiner, Saddle Mountain Drive, said that for the 2002 Housing Element update, the State
physically examined all vacant lots in Town to determine how much development could be
accommodated on each lot for their desired multiple -family housing units. The second unit
program at that time was written to fulfill this requirement. She suggested that in the 2009
General Plan update floor area credit for basements should be included to continue to carry out
the density bonus directive.
Chairman Clow suggested wording for a new policy stating that second units are allowed a
basement for density bonus.
Carol Gottlieb, Summerhill Avenue, suggested changing the word "rural" to "semi -rural" in the
Housing Element to be consistent with the General Plan wording. She felt the age characteristics
of the document left the impression that older residents were not encouraged to stay in the Town
and the language should be modified to remove that idea. Many second units located in the
unincorporated area of the county do not have additional on-site parking and the cars park on the
street and obstruct the bike lanes. The additional on-site parking required for second units in Los
Altos Hills keeps cars from parking on the street and pathways.
Ginger Summit, Lennox Way, said that it would be advantageous to include in the Housing
Element the numbers of main residences that'have portions of the house used for shared housing.
She felt it was important to retain Program 7 regarding annexation. Following State guidelines,
the Housing Element had been updated to address water conservation, landscaping, energy
consumption, etc., to reflect current practices in the Town.
CLOSED PUBLIC HEARING
Commissioner Abraham thanked Dot Schriener for her work through the years on the General
Plan and this update of the Housing Element.
Commissioner Harpootlian commented on the extraordinary effort made by the Housing Element
subcommittee. He suggested the change to Item 15 on page 50 to consider eliminating the
requirement for five parking spaces for secondary units where planned floor area is not greater
than 5,000 square feet.
Commissioner Partridge supported approval of the Housing Element but wanted the
typographical errors corrected.
Chairman Clow suggested that for Policy F on page 56, regarding ADA compliance, an
ordinance could be considered to allow staff or Planning Commission the discretion to allow
Planning Commission Minutes
July 2, 2009
Page 12
Approved 8/6/2009
grading exceptions for the purpose of achieving ADA compliant design. On page 76, explicit
language should be added to a new density bonus ordinance to encompass the use of basements
in second units.
MOTION MADE, AMENDED, SECONDED, AND PASSED BY VOICE VOTE: Motion made
by Commissioner Harpootlian and seconded by Commissioner Abraham to recommend to the
City Council to approve the initial study and negative declaration and adopt the proposed
amendments to the Los Altos Hills General Plan Housing Element with the following
modifications:
1. Correct typographical errors.
2. To page 50, add an Item 15, to read "Program considering eliminating the
requirement for five parking spaces for secondary units were planned floor area is not
greater than 5,000 square feet."
3. To page 76, modify Item 16, to suggest a specific ordinance allowing basements as
part of second units and move the wording to anew Policy K on page 48.
4. To page 56, policy S, to "provide staff and Planning Commission flexibility for
grading exceptions to meet ADA objectives."
AYES: Commissioners Harpootlian, Partridge, Abraham, Collins, and Chairman Clow
NOES: none
This item is will be forwarded to a future meeting of the City Council.
6. OLD BUSINESS - none
7. NEW BUSINESS — none
8. REPORTS FROM THE CITY COUNCIL MEETINGS
8.1 Planning Commission Representative for June 11 '— Commissioner Clow
8.2 Planning Commission Representative for June 25`' — Cancelled
8.3 Planning Commission Representative for July 9'— Commissioner Harpootlian
8.4 Planning Commission Representative for July 23`a — Commissioner Collins
9. APPROVAL OF MINUTES
9.1 Approval of June 4, 2009 minutes
MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion by Commissioner
Abraham and seconded by Commissioner Harpootlian to approve the June 4, 2009 minutes as
presented.
AYES: Commissioners Collins, Harpootlian, Abraham and Chairman Clow
NOES: None
ABSTAIN: Commissioner Partridge
Attachment 4
TOWN OF LOS ALTOS HILLS July 23, 2009
Staff Report to the City Council
SUBJECT: MANDATORY UPDATE OF THE HOUSING ELEMENT OF THE
GENERAL PLAN AND ADOPTION OF A NEGATIVE
DECLARATION.
FROM: Debbie Pedro, Planning Director
APPROVED: Carl Cahill, City Manager
RECOMMENDATION: That the City Council:
1. Review the proposed amendments to the Housing Element of the General Plan
and the proposed Initial Study/Negative Declaration and consider comments from
the public.
2. Approve the Initial Study/Negative Declaration for the project.
3. Direct staff to forward the draft 2009 Housing Element update to the Department
of Housing and Community Development (HCD).
BACKGROUND:
One of the mandatory elements of a General Plan is a Housing Element that analyzes
housing needs and adopts goals, policies, programs and quantified objectives to provide
for future housing needs. State law requires each town, city, and county to prepare a
Housing Element that must be updated once every five years. The 2009 Housing Element
update is the statutory update of the Town's Housing Element which was adopted by the .
Town and certified by the State in 2004.
In February 2009 the Town formed a Housing Element Subcommittee, consisting of
Mayor Jean Mordo, Councilmember Ginger Summit, former Planning Commissioner Dot
Shreiner and resident Joan Sherlock. This committee met four times to review the 2002
Housing Element, discuss current housing issues in the Town, and explore new policies
to meet the Regional Housing Needs Allocation (RHNA) numbers and new policies
required by the State.
Most of the policies and programs in the draft 2009 Housing Element are carried over
from the existing 2002 Housing Element. A few new policies and programs have been
added to address current issues and new requirements of the State's Department of
Housing and Community Development (HCD). The proposed new policies and programs
are highlighted in blue in the public review draft.
Staff Report to the City Council
2009 Housing Element Update
July 23, 2009
Page 2
PLANNING COMMISSION REVIEW:
On July 2, 2009, the Planning Commission reviewed. the draft update of the Housing
Element and unanimously recommended approval of the updated element with the
following modifications to the proposed policies and programs:
• Program 7: Revise language to adjust the timeframe for potential annexation of
the Spalding/Magdalena neighborhood)
• Program 16: Add a program to update the Second.Unit ordinance to specifically
allow basements in detached second units.
• Program 42: Add a program to continue working with the City of Los Altos to
measure actual sewer capacity by installing flow meters throughout the system.
• Policy Y: Add a policy to reduce the prevalence of invasive, non-native plant
species that may contribute to wild land fire. Program 45 added to specify
continued implementation of the Town's Eucalyptus Tree ordinance.
These modifications have been incorporated in the draft document and highlighted in
yellow in the text of the public review draft.
PUBLIC NOTICE
Public notice was published on June 24, 2009 in the Town Crier pursuant to Government
Code Section 65090. In addition notices were posted, and a Town -wide postcard notice
was mailed on June 19, 2009.
COMMENTS RECEIVED
One e-mail was received from Sue Russell of the League of Women Voters of Los Altos -
Mountain View Area, dated July 10, 2009 (Attachment 4), commenting on the homeless
program information in the Housing Element.
CEQA STATUS
In conformance with CEQA requirements, staff prepared an Initial Study and Negative
Declaration. A Notice of Intent to adopt a Negative Declaration was published in the
Town Crier on June 24, 2009. The notice was also submitted to the Santa Clara County
Clerks Office for a 20 day public review period which began on June 24, 2009 and ended
on July 14, 2009.
FISCAL IMPACT
None.
Staff Report to the City Council
2009 Housing Element Update
July 23, 2009
Page 3
ATTACHMENTS
1. Draft Housing Element, with updates to reflect recommendations from the 7/2/09
Planning Commission hearing.
2. Initial Study and Negative Declaration
3. Planning Commission staff report dated 7/2/09 (without attachments)
4. E-mail from Sue Russell, League of Women Voters of Los Altos -Mountain View
Area, dated July 10, 2009
Report prepared by: David Keyon, Associate Planner
Prior to the adoption of the aforementioned motion, Earl Killian (Killian and Lee) agreed
on the record that he understood and agreed to the conditions as stated and that the
resolution fully satisfied the issues between the parties.
17. UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND
NEGATIVE DECLARATION. Consideration of the proposed amendments to the
Housing Element as required by State Law, and adoption of a Negative Declaration.
CEQA Review: Negative Declaration. (Staff. D. Pedro)
Planning Director Debbie Pedro introduced Geoff Bradley, Metropolitan Planning
Group, to Council. Bradley had been engaged by the Town as a consultant to assist with
the Housing Element update. Bradley proceeded with an overview his presentation that
would include: the Housing Element update process; Regional Housing Needs Allocation
(RHNA) process; and, the Draft Housing Element. Council had before them a copy of
the Draft Housing Element with the recommendations from the July 2, 2009 Planning
Commission hearing highlighted in yellow. Bradley noted that the Town had meet and
surpassed their 2002-2006 housing goals. The Regional Housing Needs Allocation
(RHNA) for 2009-2014 was 81 units to be divided amongst very low to above moderate
income levels.
State law mandates that each town, city and county prepare a Housing Element that must
be updated once every five years. The 2009 Housing Element update is the statutory -
update of the Town's Housing Element which was previously updated by the Town and
certified by the State in 2004. Bradley reviewed the benefits of Housing and Community
Development compliance (HCD) and the new requirements for the 2009 Housing
Element.
Bradley summarized the Town's Housing Element update process that began in February
2009 with the formation of a Housing Element Subcommittee consisting of Mayor
Mordo, Councilmember Summit, former Planning Commissioner Dot Schreiner and
resident Joan Sherlock. The subcommittee had met four times and reviewed the 2002
Housing Element; current housing issues in the Town; and, explored options to meet the
RHNA numbers and new requirements from the State. Additionally, the Town had
conducted a town -wide survey on secondary dwelling units, held a community workshop
and distributed a public comment card for community feedback to residents.
Bradley explained that the 2009 draft Housing Element was meant to build on the
existing 2002 Housing Element with modifications to areas that were no longer relevant.
He reviewed the new statutory requirements and the programs and new policies that had
been added to address the new State requirements. Bradley identified the Planning
Commission's recommendations that were highlighted in the Council's draft document.
Bradley reviewed staff's recommendation for Council approval of the Initial Study and
Negative Declaration for the project given the overall minimal impact of the Housing
Element and its consistency with other parts of the General Plan. If approved, there
would be a 60 day HCD review period (August -September) of the. draft document. The
expectation was to address the comments form HCD in October and schedule the
adoption of the Housing Element by the City Council in October.
11 Approved City Council Regular Meeting Minutes
July 23, 2009
,w
Planning Director Debbie Pedro thanked the subcommittee for their efforts in this
process. Councilmember Summit thanked the consultants, Geoff Bradley and Lauren
Mattern, for their guidance and professionalism on the project.
OPENED PUBLIC HEARING
Samuel Broydo, Purissima Road, requested clarification on the Town's second unit
policy. He wondered what the difference was in the regulations for an addition to a
house and a secondary dwelling. Planning Director Pedro noted that the Town currently
had a secondary dwelling ordinance and if the application met- those requirements it
would qualify for an administrate review. She offered to meet with Mr. Broydo to review
the requirements with him.
Stephanie Munoz, Robleda, commented on the League of Women Voters' letter that had
been submitted as comment for the Housing Element review with regards to low income
housing. She spoke to the numerous properties in Los Altos Hills that might serve as
possible sites for cottages with long term leases for those that could not afford to
purchase a home in Town. Munoz suggested that the State could use the former Agnews
property for low income housing and the Town could pay their fair share for housing .
units.
CLOSED PUBLIC HEARING
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Mordo and
passed by the following roll call vote to approve the Initial Study and Negative
Declaration for the 2009 Housing Element update and to direct staff to forward the draft
2009 Housing Element update to the Department of Housing and Community
Development (HCD).
AYES:
Mayor Warshawsky, Mayor Pro Tem Kerr, Councilmember Mordo,
Councilmember Larsen and Councilmember Summit
NOES:
None
ABSENT:
None
ABSTAIN:
None
UNFINISHED BUSINESS
18. Town Goal
Discussion of Potential Annexation of Hidden Villa
Mayor Warshawsky introduced the item to Council. He and Mayor Pro Tem Kerr had
presented the concept of a potential annexation of Hidden Villa as a Town Goal at the
July 9, 2009 meeting. The Mayor requested Council input on the proposal. Discussion
ensued. Council consensus of the proposal was favorable and they supported moving
forward with the investigation if the interest was mutual. Mayor Pro Tem Kerr advised
Council that exploration of the opportunity with Hidden Villa would require some staff
time and suggested that it was appropriate to have direction from the City Council. Kerr
noted that the Hidden Villa's Board of Directors would be meeting in September and
there would be an opportunity for them to offer input on the proposal.
12 Approved City Council Regular Meeting Minutes
July 23, 2009