TOWN OF LOS ALTOS HILLS April 4, 2013 Staff Report to the Planning Commission

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1 ~ - ITEM3.5 TOWN OF LOS ALTOS HILLS April 4, 2013 Staff Report to the Planning Commission SUBJECT: AMENDMENT TO THE ZONING ORDINANCE WITH REGARD TO TRANSITIONAL AND SUPPORTIVE HOUSING (Section (i) of the Los Altos Hills Municipal Code); FILE # FROM: Brian Froelich, AICP, Associate Planner\)9 APPROVED BY: Debbie Pedro, AICP, Planning Directo~ RECOMMENDATION: That the Planning Commission: Review the staff report and attached Zoning Ordinance amendment. and forward a recommendation to the City Council to adopt the proposed amendments to LOs Altos Hills Municipal Code Title 10, Chapter 1, Article 7 - Accessory uses and structures permitted (R-A). BACKGROUND..., : ;""". Pursuant to Policy R, Program 38 of the 2009 Housing Element adopted by the City Council on November 18, 2010, the Town is required to include Transitional and Supportive Housing within the R-A zone subject only to the same restrictions that apply to. other single family residential uses. The California Health and Safety Code Section defines "Transitional Housing" as follows: "Transitional housing" and "transitional housing development" means. buildings configured as rental housing developments, but operated under progr~m req"uire~~nt'& that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is typically designated for homeless individuals or. families transitioning to permanent housing. Length of stay is usually longer than six (6) n10nths. Developmental services are usually provided so the individuals can gain life skills to transition to independent living. The California Health and Safety Code Section defines "Supportive Housing" as follows: "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or ojfsite services that assist the

2 Staff Report to the Planning Commission Transitional arid Supportive Housing April 4, 2013 Page 2 of3 supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing has no limit on length of stay and is targeted to populations defined by Health and Safety Code Section (i.e. low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18). Additional information regarding SB 2 is included in a memo from the State's Department Housing and Community Development (HCD) (Attachment #3). DISCUSSION According to the State's Department of Housing and Community Development's memo on SB 2: "Transitional and Supportive Housing shall be considered a residential use and subject only to those restrictions that apply to other residential uses of the same type in the same zone." The Town was required to adopt a similar provision for "Residential Care Facilities" in association with the 2002 Housing Element. Section (h) was adopted as follows: (h)residential Care Facility. The use.of a dwelling unit or portion thereof licensed by the State of California for twenty-four (24) hour nonmedical care ofitp to six (6) persons per parcel or lot, (not including the provider, provider family or staff) in need of personal service, supervision, protection, or assistance essential for sustaining the activities of daily living. No exemptions from other Town ordinances and policies apply to this permitted accessory use. Multi-family or commercial zoning designations are typically where residential care facilities, transitional and supportive housing are located and operated. Additionally, larger jurisdictions have the flexibility to regulate the land use patterns of multi-family zoning through density limitations. The Town does not have the option to categorize Transitional and Supportive Housing in the same way. Therefore, it is necessary to both allow the use per SB 2 in the R-A zone and regulate the number of persons to six ( 6) as has been done with similar types of uses in the same zone (i.e. Residential Care Facilities).

3 Staff Report to the Planning Commission Transitional and Supportive Housing April 4, 2013 Page 3 of3 Proposed Amendment to Section (i): Accessory uses and structures permitted (R-A): Transitional and Supportive Housing as defined by the California Health and Safety Code for up to six (6) persons per parcel or lot. No exemptions from other Town ordinances and policies apply to this permitted accessory use. Jurisdictions that do not comply with SB 2 risk having their next Housing Element deemed non-compliant with State Law by HCD. The Town currently has a certified Housing Element and an update is due in If the Town does not receive certification of the 2014 Housing Element, the Town is at risk oflegal action over land use decisions and adequacy of its General Plan. Adopting the proposed Ordinance will further assist in establishing the Town's eligibility for a streamlined Housing Element review by HCD. CEQASTATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301and ATTACHMENTS 1. Draft Ordinance to the Los Altos Hills Municipal Code Sections (i) (Accessory structures and uses permitted R-A -Transitional and Supportive Housing) 2. Program Housing Element page HE HCD memo regarding SB 2 dated May 7, 2008

4 ATTACHMENT 1 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION (i) OF THE MUNICIPAL CODE WITH REGARD TO ACCESSORY USES IN THE R-A ZONE TRANSITIONAL AND SUPPORTIVE HOUSING WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to amend the Municipal Code Title 10, Chapter 1, Article 7 Accessory uses permitted (R-A) to include Transitional and Supportive Housing as Defined by the California Health and Safety Code. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: f- 1. AMENDMENT OF CODE. Section of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: Accessory uses and structures permitted (R-A).... (a) Home Occupations. Home occupations shall be permitted where tlw -qse is entirely subordinate to the primary use>of the premises for the home of a family. There shall be no retail sales on the premises, no advertising of any kind visible from off the premises, no evidence from off the premises of the business, no parking more than normally required for a residence; and; not over::.: one assistant outside the family unit shall be employed. The raising on the premises. of agricultural:-' products and the sales thereof shall be expressly excepted from the provisions of this cllapterbut shall be subject to reasonable regulations by the Town. (b) Walls, Fences, Trees and Shrubs. Walls, fences, trees and shrubs shall be pemtltted., within the confines of a lot or contiguous lots subject to the height limitations set forth in Section of Article 5 of this chapter. ~. -" -... ( c) House Number Signs. A sign not more than one and one-half (1.5) square feet in area bearing the house number and the name of the occupant, or a name designated, other than one of a commercial purpose, shall be permitted. ( d) Accessory Buildings. Accessory buildings may be constructed only in accordance with the setback requirements of this chapter. An accessory building may be erected prior to the construction of the mainbuilding only if it is agreed that the main building shall be completed within three (3) years from the date of the issuance of the permit for the accessory building. A temporary accessory building shall be. removed within thirty (30) days after the completion of the main building or within eighteen (18) months after the issuance of a permit for the accessory building, whichever is the earlier d~te... (e) Private Stables. A maximum of two (2) hoofed animals per acre shall be permitted provided one additional hoofed animal may be kept on each additional one-half acre, or fraction thereof, and provided, further, the conditions are satisfactory to the County Department of Health or such other agency as may be in charge of health standards for the Town. 1of4

5 (f) Swimming Pools, Tennis Courts, Greenhouses and Workshops. Swimming pools, tennis courts, greenhouses, workshops, and other accessory uses found by the Planning Commission to comply with the definition of accessory use, shall be permitted. (g) Small Family Day Care Homes. Small family day care homes which provide care, protection and supervision.of six (6) or fewer children (including children under the age of ten (10) years who reside at the home) in the provider's own home, for periods ofless than twenty-four (24) hours per day, while the parents or guardians are away, pursuant to State regulations, shall be permitted. No business license fee or tax shall be imposed on a small family day care home. (h) Residential Care Facility. The use of a dwelling unit or portion thereof licensed by the State of California for twenty-four (24) hour nomnedical care of up to six ( 6) persons per parcel or lot, (not including the provider, provider family or staff) in need of personal service, supervision, protection, or assistance essential for sustaining the activities of daily living. No exemptions from other Town ordinances and policies apply to this permitted accessory use. (i) Transitional and Supportive Housing. As defined by the California Health and Safety Code for up to six (6) persons per parcel or lot. No exemptions from other Town ordinances and policies apply to this permitted accessory use. ti1 G) Household Pets and Domestic Animals. Household pets and domestic animals as permitted by Town regulations may be kept. ffi (k) Ornamental Garden Structures. Ornamental garden structures, such as benches, statuary, raised planters and fountains, shall be permitted. (k:) (1) Antennas and Dish Antennas. Antennas and dish antennas are permitted subject to the requirements set forth in Article 5 of Chapter 1 and Article 3 of Chapter 2 of Title 10. fb (m) One secondary dwelling on each parcel or lot of land in one ownership which is of at least one acre in gross area, subject to the applicable provisions of this chapter and other laws. The gross area shall be measured prior to any required dedication of right-of-way or access easements, when required as part of a site development permit application submitted subsequent to January 1, Secondary dwellings shall meet the following standards: (1) A secondary dwelling shall be subordinate to and architecturally consistent with the primary dwelling;. (2) The secondary dwelling shall not exceed one thousand (1,000) square feet of floor area; (3) If the secondary dwelling is within or attached to the primary dwelling, it shall be constructed so that the entire structure appears to be one dwelling; (4) If the secondary dwelling is separate from the primary dwelling, it shall not be sited in a visually prominent location, and shall respect the visual and acoustic privacy of primary dwellings on contiguous lots; (5) The lot on which a secondary dwelling is located must be connected to the-public sanitary sewer system or have a private sewage disposal system that is deemed to be adequate for the addition of the second dwelling by the Santa Clara County Division of Health Services; and must have an adequate water supply; ( 6) The secondary dwelling shall not have a significant adverse impact on traffic flow and safety; (7) Any vehicular access to a secondary dwelling shall be by a common driveway with the primary dwelling; 2of4

6 (8) The views of prominent scenic features by primary dwellings on contiguous lots shall be preserved. (m) (n) Temporary Trailer Coaches. Trailer coaches during construction or substantial remodeling of a primary dwelling are permitted, subject to receipt of a zoning permit, pursuant to Section , after a public hearing held by the Zoning Administrator pursuant to Section One trailer coach specifically designed and equipped for human habitation may be placed on a lot, in accordance with the setback requirements of this Code and occupied only by the owner of the lot and members of the owner's family, as a temporary residence during construction or substantial remodeling of the primary dwelling on the lot. This permit shall be granted for no more than six (6) months, but shall be renewable upon the determination of the Zoning Administrator that the use has not resulted in detriment or nuisance to the adjacent properties or the neighborhood. However, in all cases, the trailer coach shall be removed prior to building permit final. (n)(o) tej(p) Photovoltaic power generation facilities. Solar thermal energy facilities. 2. 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. 3. EFFECTIVE DATE; PUBLICATION. This ordinance shall become effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Council Members voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: Mayor 3 of4

7 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 4of4

8 ATTACHMENT2 structures at Foothill Community College with a condition-al use permit. Time Frame: Responsible Agency: Quantified Objective: Zoning Ordinance Revisions within one year of adoption of the Housing Element. City Council NIA 37. Program Meet with Hidden Villa, an educational community organization in the Town's Sphere of Influence, to discuss potential partnership on transitional housing services. Time Frame: Responsible Agency: Qu~ntified Objective: 2012 Plaµning NIA 38. Program Pursuant to SB 2, amend the Zoning Code permit transitional -r_-. :-... _--.--L,~1< ~-n-"-1.:n~:::,~i: r.!...;~i~'-!... _itlf!::\ and supportive housing as a re~_\d,~l!ti~~. µ~~.,w.itji~~. JJ!e;, M-,.{\.. zone, and only subject to those restrict.9n~ tliat ~pply 't~ oth~r residential uses of the same type in the sa~~;_' z~~~:.._: ' ~ <~.;. ; ~. ;. : ~ -. ~... i ;f ;,: ~ -. : Tipte Frame:. ': December 2012 Responsible Agency: Planning Quantified Objective: NIA '.: J~1n-, -:, ~ - ~I:.:: ~. \ VII. Goal Preserve neighborhood quality while ensuring an expedient developm~nt review process. S. Policy Review all new proposed residential development via the- Slte b~velopment Permit process to ensure compatibility among existing community standards. 39. Program '}.' -,.. -!:- }~ -~:~lf.. :~~~~....: ':._! Review and update developrilen~ review.. prqc~d~res,..iti coordination with city departments and other respon~ibye '~g~hc~e~ to ensure efficient customer service. and' exped~~nt :delivery of development review services. Time Frame: Responsible Agency: Quantified Objective: Ongoing Planningl<;ity Council NIA Draft 2009 Housing Element Los Altos Hills General Plan Page HE- 66

9 ATTACHMENT 3 STATE OF CALIFORNIA -BUSINESS TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. 0. Box Sacramento, CA (916) FAX (916) ARNOLD SCHWARZENEGGER Governor MEMORANDUM DATE: May 7, 2008 TO: Planning Directors and Interested Parties FROM: SUBJECT:!~ eswell, Deputy Director Housing Policy Development Senate Bill 2 m- Legislation Effective January 1, 2008:.,,,. Local Planning and Approval for Emergency Shelters and.:..., Transitional and Supportive Housing :.:.,:. Chapter 633, Statutes of 2007 (SB 2) clarifies and strengthens housing element law to ensure zoning encourages and facilitates emergency shelters and limits the denial of eme rgency shelters and transition a1 and supportive housing under the Housing Accountability Act. The law will facilitate efforts to address the critical needs of homeless populations and persons with spe.9ial needs throughout.all communities in California. Generally, SB 2 amends housing element law regarding planning and approval for emergency shelters and transitional and supportive housing as follows: Planning (Government Code Section 65583) At least one zone shall be identified to permit emergency shelters without a conditional use permit or other discretionary action. Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter. Existing or proposed permit procedures, development and management standards must be objective and encourage and facilitate the development of or conversion to emergency shelters..... Emergency shelters shall only be subject to development and manageme'rit st!:lndards that apply to residential or commercial within the same zone...,..... Written and objective standards-may be applied as specified in statute, including. maximum number of beds, provision of onsite management, length of stay and. security. Includes flexibility for jurisdictions to meet zoning requirements with existing ordinances or demonstrate the need for emergency shelters can be accommodated in existing shelters or through a multi-jurisdictional agreement.

10 Chapter 633, Statutes of 2007 (SB 2) Page2 Transitional and supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Local Approval (Government Code Section : Housing Accountability Act) Limits denial of emergency shelters, transitional housing or supportive housing by requiring specific findings. Some findings shall not be utilized if new planning requirements of SB 2 are not met; such as identifying a zone without a conditional use permit, Attached is a briefing paper informing local governments of SB 2, providing assistance in evaluating these new provisions to effectively implement this important new State law; in addition to a copy of the legislation. Electronic copies of these can be found on the Department's website at or the Senate's website at You may also obtain copies of published bills from the Legislative Bill Room by calling (916) If you have any questions, or seek additional technical assistance, please contact Paul McDougall, HPD Manager, at (916) Attachments

PUBLIC HEARING Agenda Item No.: 9a CC Mtg.: 05/24/2011

PUBLIC HEARING Agenda Item No.: 9a CC Mtg.: 05/24/2011 DATE: May 9, 2011 TO: Mayor and City Council Members FROM: Community Development Department SUBJECT: ORDINANCE NO. 1144 - AN ORDINANCE OF THE CITY