Los Altos City Council
March 28, 2023

Chapter 12.44 HISTORIC PRESERVATION1
Sections:

Article 1. General Provisions

12.44.010 Purpose.

It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of historic resources within the City of Los Altos is required in the interest of health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this chapter is to:

A. Safeguard the heritage of the city by providing for the protection of irreplaceable historic resources representing significant elements of its history;
B. Enhance the visual character of the city by encouraging the compatibility of architectural styles which reflect established architectural traditions;
C. Encourage public knowledge, understanding and appreciation of the city's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the city's historic resources;
D. Stabilize and improve property values within the city and increase the economic and financial benefits to the city and its inhabitants derived from the preservation, rehabilitation, and use of historic resources;
E. Integrate the conservation of historic resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses; and
F. Fulfill the city's responsibilities for Federal Section 106 reviews and for the California Environmental Quality Act.
(Ord. No. 2011-363, § 1, 3-8-2011)

12.44.020 Area of application.

This chapter shall apply to all historic resources listed in the historic resources inventory, historic landmarks and properties, and structures.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018)

1Editor's note(s)—Ord. No. 2011-363, § 1, adopted March 8, 2011, amended Ch. 12.44 in its entirety to read as herein set out. The former Ch. 12.44, §§ 12.44.010—12.44.220, pertained to similar subject matter and derived from Ord. No. 04-257, § 1(part) and Ord. No. 08-324, § 2(part). Previously, said chapter derived from §§ 2-8.101, 2-8.102 and 2-8.301—2-8.504 of the prior code. 622
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12.44.030 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
"Alteration" means any act or process that changes any portion of the exterior architectural appearance of a structure or object, including, but not limited to, the erection, construction, reconstruction, removal of exterior architectural features or details, or the addition of new structures, but does not include painting, ordinary maintenance and landscaping.
"California Historical Building Code" is Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historic structures and sites, designated under federal, state and local authority. It provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as qualified historic buildings.
"California Office of Historic Preservation" means the governmental agency primarily responsible for the statewide administration of the historic preservation program in California. "California Register of Historical Resources" is a comprehensive listing of California's historical resources, including those of local, state and national significance. "Character defining features" means the defining elements, such as prominent architectural features, materials, craftsmanship or other elements, that, individually or in combination, identify a historic property, building or landscape.
"Commission staff" means the staff liaison assigned to the historical commission. "DPR 523" means the California Department of Parks and Recreation Historic Resource Inventory Forms used for historic evaluations. The DPR 523A form provides descriptive information about a resource. The DPR 523B form provides an evaluation of the resources and includes a determination as to whether the resource is eligible for the National or State Register of Historic Places or listing on the Los Altos Historic Resources Inventory. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind, size, shape and texture of building materials, and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement.
"Historic landmark" means a building, improvement, structure, natural feature, site or area of land, under single or common ownership that has significant historical, architectural, cultural, and/or aesthetic interest or value, and is designated as a historic landmark by the city council. "Historic resource" is a property or structure that has been determined to be over fifty (50) years old, retains its physical integrity, has historical, architectural, cultural, and/or aesthetic value, and is listed on the historic resources inventory.
"Historic resources inventory" means the city's official inventory of the historic resources, as adopted and amended from time to time by resolution of the historical commission and/or the city council. A property or structure must be designated as a historic landmark or a historic resource in order to be listed. "Historical commission" is a seven-member advisory commission appointed by the city council that is tasked with maintaining the historic resources inventory, making recommendations on historic landmarks, working with property owners on preservation, maintenance and other development activities related to historic resources, and other activities as identified in the municipal code.
"Improvement" means any building, structure, parking facility, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property or any part of such betterment. 623
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"Integrity" is the authenticity of the characteristics, also referred to as character defining features, from which resources derive their significance. Integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association.
"Mills Act" is an economic incentive program in California for the restoration and preservation of qualified historic structures. Enacted in 1972, the Mills Act grants participating local governments the authority to enter into contracts with owners of qualified historic properties to reduce the property tax assessment in exchange for the restoration and maintenance of the historic resource.
"National Register of Historic Places" is the official inventory of districts, sites, buildings, structures and objects significant in American history, architectural, archeology and culture, maintained by the Secretary of Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966. "Preservation" means the act of identification, study, protection, reconstruction, restoration, rehabilitation or enhancement of historic and/or cultural resources.
"Reconstruction" means the act or process of reproducing by new construction, the exact form and detail of a vanished building, structure or any part thereof, as it appeared at a specific period of time. "Rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural value. "Restoration" means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
"Secretary of Interior's Standards" are the Federal Standards for the Treatment of Historic Properties that are utilized in the identification, evaluation, registration and treatment of historic properties. The list of ten (10) Rehabilitation Standards, published as the Secretary of the Interior's Standards, is aimed at retaining and preserving those features and materials that are important in defining the historic character of a resource. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Article 2. Designation of Historic Resources

12.44.040 Criteria for designation.

A structure, property or object may be eligible for designation as a historic resource or historic landmark, if it/they satisfy each of the three criteria listed below:

A. Age. A structure or property should be more than fifty (50) years in age. (Exceptions can be made to this rule if the building(s) or site(s) is/are truly remarkable for some reason - such as being associated with an outstanding architect, personage, usage or event).

B. Determination of Integrity. A structure or property should retain sufficient historic integrity in most of the following areas:

1. Design: The combination of elements that create the form, plan, space, structure and style of a property.

2. Setting: The physical environment of a historic property.

3. Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. 624
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4. Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

5. Feeling: A property's expression of the aesthetic or historic sense of a particular period of time.

C. Historic Significance. A structure or property should be clearly associated with one or more of the following areas of significance:

1. Event: Associated with a single significant event or a pattern of events that have made a significant contribution to broad patterns of local or regional history, or cultural heritage of California or the United States;

2. Person/People: Associated with the lives of persons important to the local, California or national history;

3. Architecture/Design: Embodies the distinctive characteristics of a design-type, period, region or method of construction, or represents the work of a master or possesses high artistic value; or

4. Archaeology: Yields important information about prehistory or history of the local area, California or the nation.

The city's historic resource evaluation methodology, which provides more details about the above listed criteria, is available from the planning division.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018)

12.44.050 Applications for designation.

A. Applications for designation as a historic landmark, or listing a historic resource on the historic resources inventory may be initiated by the owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic resource or historic landmark.

B. The city council or the planning commission may, by resolution or motion, refer a proposed designation to the historical commission. The historical commission may also consider a proposed designation upon its own initiative or by referral by the community development services director.

C. Applications for designation as a historic landmark, or listing a historic resource on the historic resources inventory shall be made to the historical commission. Applications must be accompanied by such historical and architectural information as is required by the historical commission in order to make an informed recommendation concerning the request.

Applications for designation shall be acted on as set forth in sections 12.44.050, 12.44.060 and 12.44.070 of this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018)

12.44.060 Historic resource listing.

A. Once the application for designating a property as a historic resource and listing it on the historic resources inventory has been received, the historical commission shall consider the request at its next available scheduled meeting.

B. The commission shall conduct a public hearing to consider the proposed listing. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing by mail to the applicant, to the owner or owners of the property and to the owners of abutting properties, and by posting a notice on the property near the front property line in accordance with the standards set by commission staff. 625
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C. The commission shall consider the proposed historic resource and determine whether or not the property satisfies the three criteria outlined in Section 12.44.040. The commission shall by motion either approve or disapprove the designation of the property as a historic resource and listing it in the historic resources inventory.

D. If the commission approves the historic resource for listing on the historic resources inventory, the listing shall become effective immediately and the designated property shall be subject to the regulations set forth in this chapter.

E. Until final action has been taken by the commission on the request to list a property, no building, alteration, grading, demolition or tree removal permit(s) shall be issued for any work to be performed upon or within the subject property, unless approved by the historical commission or the community development services director. This restriction shall become effective as of the time the application is submitted, and shall extend until the commission has taken action.

F. Within fifteen (15) days of the action taken by the historical commission, the decision may be appealed to the city council. The appeal may be filed by the applicant or any interested party. (Ord. No. 2011-363, § 1, 3-8-2011)

12.44.070 Historic landmark designation.

A. Once the application for the proposed designation has been received, the historical commission shall consider the request at its next available scheduled meeting.

B. The commission shall conduct a public hearing to consider the proposed designation. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, by mail to the applicant, to the owner or owners of the property, and to the owners of abutting properties, and by posting a notice on the property near the front property line in accordance with the standards set by commission staff.

C. The commission shall make a recommendation to the city council on the proposed designation. In order to make a positive recommendation, the commission shall make the following findings:

1. That the proposed historic landmark satisfies the three criteria outlined in Section 12.44.040; and

2. That the proposed landmark has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the county, the state or the nation.

D. The city council shall consider the proposed designation at its next available regular meeting and determine whether or not to accept the historical commission's recommendation. The city council shall by resolution either approve the proposed designation, in whole or in part or as modified, or shall, by motion, disapprove the proposal in its entirety.

E. If the city council approves the landmark designation, the resolution shall become effective immediately and the designated property shall be subject to the regulations set forth in this chapter and to such further restrictions or controls as may be specified in the designating resolution.

F. Adoption of a designating resolution by the city council shall be based upon the findings outlined in subsection (C) of this section.

G. Until final action has been taken by the city council on the proposed landmark, no building, alteration, grading, demolition or tree removal permit(s) shall be issued for any work to be performed upon or within the subject property, unless approved by the historical commission or the city council. This restriction shall 626
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become effective as of the time the application is submitted, and shall extend until the designating resolution becomes effective.
(Ord. No. 2011-363, § 1, 3-8-2011)

12.44.080 Notice of designation.

A. Following adoption by the city council of a resolution designating a historic landmark, the commission staff shall send notice of the designation, together with a copy of the resolution or ordinance, to the owner or owners of the designated historic landmark. The city council also shall send notice of the designation to:

1. The Santa Clara County Historical Heritage Commission; and

2. The California State Historic Preservation Officer.

B. The designating resolution or ordinance shall be recorded with the county clerk-recorder. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Ord. No. 2017-437 , § 1, adopted March 13, 2018, repealed § 12.44.080, which pertained to historic district designation, and derived from Ord. No. 2011-363, § 1, adopted March 8, 2011, and subsequently renumbered the remaining sections 12.44.090—12.44.220 as 12.44.080—12.44.210. Historical notations for former sections have been retained for reference.

12.44.090 Termination of designation.

The only legitimate reason for terminating the designation of a historic resource or historic landmark is when clear evidence is presented that shows the resource no longer meets the criteria of Section 12.44.040 due to loss of integrity and/or historic significance.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.100, see editor's note § 12.44.080.

Article 3. Permits

12.44.100 Applicability.

A. For historic landmark properties, a historical alteration permit (Section 12.44.150) is required in order to alter, demolish, remove, relocate or change any exterior architectural features of the designated landmark structure(s), or remove or relocate any improvements, structures or natural features that contribute to the integrity or the historic significance of the historic landmark.

B. For historic resources listed on the historic resources inventory, an advisory review (Section 12.44.140) is required in order to alter, demolish, remove, relocate or otherwise change in any manner any exterior architectural feature or natural feature that contributes to the integrity or the historic significance of a historic resource.

C. For subsection (B) of this section, the historical commission's review will take into account whether or not the proposed work adversely affects the physical integrity or the historic significance of the resource. The historical commission's recommendation to the community development services director, design review commission, planning commission, or city council, shall be advisory only. 627
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D. For non-residential properties that are historic landmarks or historic resources, non-permanent improvements such as signage, awnings and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the community development services director.

E. For residential properties that are historic landmarks or historic resources, improvements such as swimming pools, fences, minor accessory structures such as trellises or barbecues, and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the community development services director. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.110, see editor's note § 12.44.080.

12.44.110 Applications.

Applications for historical alteration permits or advisory review shall be submitted to the community development services director. Applications shall include the following information:

A. A clear statement of the proposed work;
B. A site plan showing all existing buildings, structures, trees over six inches in diameter, property lines, easements and the proposed work;
C. Detailed plans showing both the existing and proposed exterior elevations, including a street elevation, photographs of windows and/or special features, materials and grading; D. Specifications describing all materials to be used and all processes that would affect the appearance or nature of the materials;
E. Notes indicating any deviation from the Secretary of the Interior's Standards for Historic Rehabilitation; and
F. Such other information or documents as may be requested by the community development services director or the historical commission.

Applications shall be noticed as set forth in section 12.44.120 and shall be acted on as set forth in section

12.44.130 and 12.44.140 of this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.120, see editor's note § 12.44.080.

12.44.120 Notice of public meetings.

A. Notification shall be provided when an application for a historical alteration permit is required for a historic landmark. Applicants shall be responsible for providing notification via first class mail to the adjoining property owners, in the manner set forth by the commission staff, at least ten (10) days prior to the meeting at which the application is to be reviewed. The property owners who shall be mailed notice include, but are not limited to, the following:

1. The two adjoining property owners on each side;

2. The three adjoining rear property owners; and

3. The five adjoining front property owners across the street. 628
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4. As deemed appropriate or necessary, the commission staff may require that notification be mailed to a greater or lesser number of property owner(s) than are identified above based on the configuration of the properties adjoining the site of the application.

5. Notice shall also be posted on the project site near the front property line in accordance with the standards set by the commission staff.

B. Notice shall be provided when an application for an advisory review is required for a historic resource.

Applicants shall be responsible for posting a notice on the project site near the front property line in accordance with the standards set by the commission staff. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.130, see editor's note § 12.44.080.

12.44.130 Advisory review.

A. For projects that require an advisory review, the historical commission shall complete its review and issue a recommendation at its next available scheduled meeting. In order to recommend approval, the commission shall find that:

1. The project complies with all provisions of this chapter; and

2. The project does not adversely affect the physical integrity or the historic significance of the subject property.

B. The historical commission recommendation shall be forwarded to the community development services director, the design review commission, the planning commission, or the city council to be considered as part of their decision.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.140, see editor's note § 12.44.080.

12.44.140 Historical alteration permit.

A. For projects that require a historical alteration permit, the historical commission shall complete its review and issue a decision at its next available scheduled meeting. In order to approve a permit, the commission shall find that:

1. The project complies with all provisions of this chapter; and

2. The project does not adversely affect the physical integrity or the historic significance of the subject property.

3. The project is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

B. If the historical commission approves the historical alteration permit, or approves such permit subject to conditions, the community development services director shall issue the permit in accordance with the recommendation, provided that no other approval is required under this code. In the event the historical commission recommends denial of the permit, the community development services director shall notify the applicant that the requested permit will not be granted. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) 629
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Editor's note(s)—Former § 12.44.1500, see editor's note § 12.44.080.

12.44.150 Appeal.

Within fifteenfourteen (154) days of any approval or denial by the historical commission, the decision may be appealed to the city council. The appeal may be filed by the applicant or any interested party and shall be accompanied by a fee to cover the administrative cost of handling the appeal as set by city council resolution. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.160, see editor's note § 12.44.080.

Article 4. Miscellaneous Provisions

12.44.160 Incentives for preserving historic resources.

A. California Historical Building Code. It is the purpose of the state historical building code to provide regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction) or relocation as applicable to all historical buildings, structures and properties deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. Such standards and regulations are intended to facilitate the restoration or change of occupancy so as to preserve their original or restored elements and features, to encourage energy conservation and a cost effective approach to preservation, and to provide for reasonable safety from fire, seismic forces or other hazards for occupants and users of such "buildings, structures and properties" and to provide reasonable availability and usability by the physically disabled. The state historical building code is defined in sections 18950 to 18961 of Division 13, Part 2.7 of Health and Safety Code (H&SC) Health and Safety Code, a part of California Law.

B. Economic incentives. In order to carry out more effectively and equitably the purposes of this chapter, the city council may, by resolution, adopt a program of economic (i.e., Mills Act contracts) and other incentives to support the preservation, maintenance and appropriate rehabilitation of the city's historic resources. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.170, see editor's note § 12.44.080.

12.44.170 Hardship.

Notwithstanding the criteria of this chapter, the community development services director, on the recommendation of the historical commission or design review commission, or the planning commission or city council on appeal, may approve an application for a permit to conduct any proposed work upon or within a historic resource or historic landmark if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will cause immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this section, the historical commission or the design review commission or the planning commission or city council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.180, see editor's note § 12.44.080. 630
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12.44.180 Fees.

A. No fee shall be charged for the filing, processing or public noticing of any application for designation.

B. The city council shall by resolution adopt a schedule of fees to be charged for any application for termination of a designation, for the filing and processing of applications for any permit required under this chapter, and for appeals pursuant to this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.190, see editor's note § 12.44.080.

12.44.190 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any historic resource or historic landmark that does not involve a change in design, material or the external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any historic resource or historic landmark which has been certified by the city building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.200, see editor's note § 12.44.080.

12.44.200 Duty to keep in good repair.

A. The owner, occupant or the person in actual charge of a historic resource or a historic landmark shall keep and maintain in good condition and repair all exterior portions of the improvement or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.

B. It shall be the duty of the development services director or their designee building official to enforce this section.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.210, see editor's note § 12.44.080.

12.44.210 Enforcement.

The violation of any provision contained in this chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Title 1, Chapter 1.20 of this code. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437 , § 1, 3-13-2018) Editor's note(s)—Former § 12.44.220, see editor's note § 12.44.080. 631
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Title 14 - ZONING
Chapter 14.76 DESIGN REVIEW—SINGLE-FAMILY DISTRICTS
Los Altos, California, Code of Ordinances Created: 2023-01-20 14:52:29 [EST] (Supp. No. 39 Update 1)

Chapter 14.76 DESIGN REVIEW—SINGLE-FAMILY DISTRICTS1

14.76.010 Purpose.

It is the policy of the city to review the proposed construction or exterior alterations of single-family dwellings and accessory structures under circumstances which include, but are not limited to, where such structures might constitute an unreasonable invasion of privacy, unreasonable interference with views, light and air, or create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this section is to establish a set of criteria, objectives and procedures to be followed with respect to the design review of any proposed single-family main or accessory structure, or addition or alteration thereto, and to insure that the new development occurs in a manner which is consistent with the objectives of this chapter, the objective design criteria of single-family residential objective design guidelines, and the goals and policies of the general plan.
(Ord. No. 2012-381, § 1, 5-22-2012)

14.76.020 Single-family residential objective design guidelines.

Any new main or accessory structure, or addition or alteration thereto, shall be consistent with the policies and implementation techniques described in the single-family residential objective design guidelines as adopted by the city council.
(Ord. No. 2012-381, § 1, 5-22-2012)

14.76.030 Requirement for administrative design review.

No building permit shall be issued for any new main or accessory structure, or addition or alteration thereto within a single-family district, until such construction has received administrative design review approval by the community development services director or their designee. Window replacements, reroofing and rooftop venting and exhausting equipment, and mechanical equipment, attached or detached accessory dwelling unit(s) and junior accessory dwelling unit(s) are exempt from this requirement. (Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , §§ 1, 2, 9-27-2016)

14.76.040 Requirement for zoning administrator design review commission design review.

In each of the following cases, no building permit shall be issued for the construction, addition or alteration of any main or accessory structure within a single-family district until the zoning administrator has approved such structure following a noticed public hearing, has received design review approval by the design review commission pursuant to this chapter:

1Editor's note(s)—Ord. No. 2012-381, § 1, adopted May 22, 2012, amended Ch. 14.76 in its entirety, in effect repealing and reenacting said chapter to read as herein set out. Former Ch. 14.76, §§ 14.76.010—14.76.100, pertained to similar subject matter and derived from Ord. No. 04-261, § 1; Ord. No. 08-323, § 2; and Ord. No. 2011-368, § 1, adopted July 26, 2011.
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A. Any new two-story structure;
B. Any conversion of a one-story structure to a two-story structure; C. Any addition of habitable area to the second floor of an existing two-story structure; D.C. Any new one-story structure over twenty (20) feet in height; E.D. Whenever design review is specifically required under the terms or conditions of any tentative subdivision map, use permit, variance or conditional rezoning; and F.E. Whenever, as determined by the community development services director or their designee, the construction or expansion of a main or accessory structure may be in conflict with the design review findings contained in Section 14.76.050 of this chapter. (Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , §§ 1, 2, 9-27-2016)

14.76.050 Initial application review.

All applications filed with the community development services department in compliance with this zoning code shall be accompanied by the payment of a processing fee in such amount as established by resolution of the city council and initially processed as follows:

A. Review for completeness. The community development director or their designee shall review all applications for completeness and accuracy before accepting them as complete. The determination of completeness shall be based on the city's list of required application contents as proscribed in the "submittal requirements" documents provided by the community development department.

B. Notification of applicant. The community development director or their designee shall notify the applicant in writing within thirty (30) days of the filing of the application with the community development department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, as specified in the letter, shall be provided. If subsequent written comments from the community development director or their designee identify deficiencies not initially raised within thirty (30) days of the filing of the application, then this subsequent letter will be considered the notification of incompleteness for the purposes of determining the application expiration date. The application shall be reviewed for completeness and processed in accordance with the Permit Streamlining Act, Government Code Section 65920, et seq.

C. Appeals of administrative decisions. Determinations of incompleteness or denials of an extension request may be appealed to the city council pursuant to Chapter 1.12 (Appeals).

D. Expiration of application. If the applicant does not provide the information and materials necessary for a complete application within one hundred eighty (180) days after notification of incompleteness, the application shall be deemed expired. After expiration of the application or extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.

E. Extensions. The applicant may request, in writing, within the one hundred eighty (180) day time period, an extension of up to one hundred eighty (180) days to the community development services director or their designee. Approval of the extension is contingent on the applicant demonstrating that there are extenuating circumstances that have caused a delay in the submittal of the required information.

F. Environmental information. After an application has been accepted as complete, the community development services director or their designee may require additional information as necessary for the project's environmental review.
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(Ord. No. 2016-423 , § 3, 9-27-2016)

14.76.060 Design review findings.

In approving an application for design review, the approving authority shall make the following findings:

A. The proposed structure or alteration complies with all provisions of this chapter; B. The height, elevations and placement on the site of the proposed main or accessory structure or addition, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy, and will consider the topographic and geologic constraints imposed by particular building site conditions; C. The natural landscape will be preserved insofar as practicable by minimizing tree and soil removal; grade changes shall be minimized and will be in keeping with the general appearance of neighboring developed areas;
D. The orientation of the proposed main or accessory structure or addition in relation to the immediate neighborhood will minimize the perception of excessive bulk; E. General architectural considerations, including the character, size, and scale and quality of the design, the architectural relationship with the site and other buildings, building materials and similar elements have been incorporated in order to insure the compatibility of the development with its design concept and the character of adjacent buildings on the same project site; and F. The proposed structures have been designed to follow the natural contours of the site with minimal grading, minimal impervious cover and maximum erosion protection. A stepped foundation shall generally be required where the average slope beneath the proposed structure is ten (10) percent or greater.
(Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , § 3, 9-27-2016) Editor's note(s)—Ord. No. 2016-423, § 3, adopted September 27, 2016, enacted a new § 14.76.050 and renumbered §§ 14.76.050 and 14.76.060 as §§ 14.76.060 and 14.76.070. The historical notation has been retained with the amended provisions for reference purposes.

14.76.070 Variance findings.

A. In order to avoid such practical difficulties, unnecessary physical hardships and results inconsistent with the objectives of the zoning plans stated in Article 1 of Chapter 14.02, as would result from a strict or literal application of the provisions of this chapter, the design review planning commission may grant variances to the regulations controlling site area, width, depth and coverage, yards and other open spaces, parking spaces, loading spaces, height of structures, allowable building floor area and fences for those properties located in single-family zoning districts.

B. The design review planning commission may grant a variance as applied for if, on the basis of the application and the evidence submitted, the commission makes the following positive findings:

1. That the granting of the variance will be consistent with the objectives of the zoning plan set forth in Article 1 of Chapter 14.02;

2. That the granting of the variance will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity; and 634
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3. That variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

C. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. (Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , § 3, 9-27-2016) Editor's note(s)—See editor's note, § 14.76.060.

14.76.080 Notification.

Notification shall be provided whenever an application for design review commission zoning administrator design review or variance is required pursuant to this chapter via first-class mail to the adjoining property owners, in the manner set forth by the community development services director or their designee, at least ten (10) days prior to the meeting at which the application is to be reviewed. The property owners who shall be mailed notice include, but are not limited to, the following:

A. The two adjoining property owners on each side;
B. The three adjoining rear property owners; and
C. The five adjoining front property owners across the street.

D. As deemed appropriate or necessary, the community development services director or their designee may require that notification be mailed to a greater or lesser number of property owner(s) than are identified above based on the configuration of the properties adjoining the site of the application.

E. Notice shall also be posted on the project site near the front property line in accordance with the standards set by the community development services director or their designee. (Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , § 1, 9-27-2016)

14.76.090 Expiration of design review and/or variance approval—Extensions.

A. Design review and/or variance approvals granted pursuant to this chapter shall expire twenty-four (24) months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the improvements constituting the subject of the design review and/or variance approval and construction thereof is commenced and prosecuted diligently toward completion.

B. Design review and/or variance approvals may be granted a one-time extensionded for a period of time not exceeding twelve (12) months. The application for extension shall be filed prior to the expiration date and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the city council. Extensions of design review and/or variance approval are contingent on the community development services director or their designee finding that the project complies with all current zoning ordinance regulations.
(Ord. No. 2012-381, § 1, 5-22-2012; Ord. No. 2016-423 , § 1, 9-27-2016) 635
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14.76.100 Appeals.

The basis for any appeal of a housing development shall only be allowed and based on objective standards consistent with State law.

A. Within fifteenfourteen (154) days of any denial of an administrative design review request, or of the approval or denial of a zoning administrator design review request, the decision may be appealed to the design review planning commission. Within fourteen (14) calendar days of the announcement of the planning commission’s decision on the record, the decision may be appealed to the city council.

B. Within fifteenfourteen (154) days of any approval or denial of a design review commission design review and/or variance request, the decision may be appealed to the city council.

14.76.110 Number of Hearings Allowed.

A. When public hearings are required, the number of hearings for solely design review approval shall be no more than three (3) public hearings.
(Ord. No. 2012-381, § 1, 5-22-2012)
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Title 14 - ZONING
Chapter 14.78 DESIGN AND TRANSPORTATION REVIEW—MULTIPLE-FAMILY, PUBLIC AND COMMUNITY FACILITIES,

OFFICE AND ADMINISTRATIVE, AND COMMERCIAL DISTRICTS
Los Altos, California, Code of Ordinances Created: 2023-01-20 14:52:29 [EST] (Supp. No. 39 Update 1)

Chapter 14.78 DESIGN AND TRANSPORTATION REVIEW—MULTIPLE-FAMILY,

PUBLIC AND COMMUNITY FACILITIES, OFFICE AND ADMINISTRATIVE, AND COMMERCIAL DISTRICTS1

14.78.010 Purpose.

The purpose of this chapter is to preserve and protect the character and public safety of the city and to enhance the aesthetic qualities and bicycle and pedestrian safety and functionality of its multiple-family, public and community facilities, office and administrative and commercial districts by requiring design and transportation review of new structures and certain expansions of existing structures. (Ord. No. 2012-382, § 1, 5-22-2012)

14.78.020 Requirement for design review.

Any work that requires a building permit, including new building construction, existing building alterations and expansions, and site improvements, but excluding properties in an R1 or R3-4.5 district, shall be subject to design review pursuant to this chapter as follows:

A. Administrative design review.

1. Site improvements, exterior alterations or modification, or additions to existing buildings of up to five hundred (500) square feet require approval by the community development services director or their designee.

B. Planning commission design review.

1. Additions to existing buildings that exceed five hundred (500) square feet but are equal to or less than 50 percent of the total floor area on the subject site and do not increase the existing height of the building(s) require approval by the planning commission at a public meeting.

C. City Council Design Review.

1. All new buildings, and additions to existing buildings that exceed five hundred (500) square feet or fifty (50) percent of the total floor area on the subject site and/or increase the height of the existing building(s), require approval by the city council planning commission at a public meeting.

2. Prior to consideration by the city council, the planning commission shall review the application at a public meeting and provide a recommendation to the city council.

C. Zoning Administrator design review.

1Editor's note(s)—Ord. No. 2012-382, § 1, adopted May 22, 2012, amended Ch. 14.78 in its entirety, in effect repealing and reenacting said chapter to read as herein set out. Former Ch. 14.79, §§ 14.78.010—14.78.050, pertained to similar subject matter and derived from Ord. No. 04-260, § 1; and Ord. No. 07-306, § 9. 637
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Notwithstanding the foregoing, the development of a housing development of five or fewer units that is not otherwise subject to design review pursuant to chapter 14.76 and 14.78 of this code or subsection (A) of this section shall be subject to design review by the zoning administrator following a noticed public hearing. Notwithstanding any other provision of this code, and unless otherwise required by state law, any additional planning applications for such a project including, without limitation, tentative or parcel maps, variance requests, or conditional use permits, shall be heard and decided by the zoning administrator concurrently with the design permit application. As used in this subsection, a “housing development project” includes a project to construct one or more dwelling units, including a mixed-use development project for which not more than one-third of total floor area is dedicated for commercial use.

D. Exempt from the requirements of Design Review.

1. Site improvements, exterior alterations or modification, or additions to existing buildings of up to one thousand (1,000) square feet in the Public/Community Facilities (PCF) District shall be exempt from the requirement of Design Review.

E. Authority of the Development Services Director.

1. The Development Services Director shall have the authority to require administrative design review to any improvement to a property or parcel of land that is determined to have special circumstances or potentially negative impacts on the community. (Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , § 1, 5, 9-27-2016; Ord. No. 2019-457 , § 1, 1-28-2020)

14.78.030 Public meeting requirements.

Notice of public meetings before the zoning administrator shall be provided pursuant to Government Code Section 65091. Notice of public meetings before the planning commission and/or city council shall be given at least ten (10) days prior to the date of the meeting by all of the following methods:

A. Mailing of notices via first-class mail to all property owners within one thousand three hundred (1,0300) feet of the project site at the mailing address on record with the county assessor; and B. Mailing of notices via first-class mail to all commercial business tenants within one thousand three hundred (1,0300) feet of the project site at the addresses shown on the latest city business license records; and
C. Posting of a notice on the project site in accordance with the standards set by the city council and community development services director or their designee; and D. All meetings before the planning commission and/or city council conducted under this section, excluding study sessions, shall be noticed separately and conducted as public hearings and shall satisfy all notification requirements applicable to public hearings, including a notice published in a newspaper of general circulation within the city.
(Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , § 5, 9-27-2016; Ord. No. 2019-457 , § 1, 1-28-2020)

14.78.040 Recommendation for pre-application study session design review.

Projects subject to design review pursuant to Section 14.78.030 of this chapter are eligible for preapplication design review before the planning and transportation commission. This review is in a study session format and is best served early in the design preparation process. This review is encouraged to receive early design 638
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input from the commission. Study session review is also available at any point in the application process, and may be requested by an applicant or, subject to applicable state law, may be required by the community development services director or their designee.
(Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , § 1, 9-27-2016)

14.78.050 Initial application review.

All applications filed with the community development services department in compliance with this zoning code shall be accompanied by the payment of a processing fee in such amount as established by resolution of the city council and initially processed as follows:

A. The application shall be reviewed for completeness and processed in accordance with the Permit Streamlining Act, Government Code Section 95920, et seq.Review for completeness. The community development director or their designee shall review all applications for completeness and accuracy before accepting them as complete. The determination of completeness shall be based on the city's list of required application contents as proscribed in the "submittal requirements" documents provided by the community development department.

B. Notification of applicant. The community development director or their designee shall notify the applicant in writing within thirty (30) days of the filing of the application with the community development department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, as specified in the letter, shall be provided. If subsequent written comments from the community development director or their designee identify deficiencies not initially raised within thirty (30) days of the filing of the application, then this subsequent letter will be considered the notification of incompleteness for the purposes of determining the application expiration date.

CB. Appeals of administrative decisions. Determinations of incompleteness or denials of an extension request may be appealed to the city council pursuant to Chapter 1.12 (Appeals).

DC. Expiration of application. If the applicant does not provide the information and materials necessary for a complete application within one hundred eighty (180) days after notification of incompleteness, the application shall be deemed expired. After expiration of the application or extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.

ED. Extensions. The applicant may request, in writing, within the one hundred eighty (180) day time period, an extension of up to one hundred eighty (180) days to the community development director or their designee. Approval of the extension is contingent on the applicant demonstrating that there are extenuating circumstances that have caused a delay in the submittal of the required information.

FE. Environmental information. After an application has been accepted as complete, the community development director or their designee may require additional information as necessary for the project's environmental review.
(Ord. No. 2016-423 , § 6, 9-27-2016)

14.78.060 Design review findings.

In approving applications for design review approval under this chapter, the community development director or their designee, planning commission and the city council approving authority shall make the following findings:
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A. The proposal meets the goals, policies and objectives of the general plan and any specific plan, objective design guidelines and ordinance design criteria adopted for the specific district or area.

B. The proposal has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design.

C. Building mass is articulated to relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays and balconies.

D. Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades and structural elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area.

E. Landscaping is generous and inviting, and landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy, either in the public right-of-way or within the project frontage.

F. Signage is designed to complement the building architecture in terms of style, materials, colors and proportions.

G. Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material and detailing.

H. Service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing. (Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , § 6, 9-27-2016; Ord. No. 2016-427 , § 3, 11-8-2016; Ord.

No. 2019-457 , § 2, 1-28-2020)
Editor's note(s)—Ord. No. 2016-423, § 6, adopted September 27, 2016, enacted a new § 14.78.050 and renumbered the remaining §§ 14.78.050—14.78.080 as §§ 14.76.060—14.76.090. The historical notation has been retained with the amended provisions for reference purposes.

14.78.070 Variances.

A. Purpose. In order to avoid such practical difficulties, unnecessary physical hardships and results inconsistent with the objectives of the zoning plans stated in article 1 of Chapter 14.02, as would result from a strict or literal application of the provisions of this chapter, the planning commission may approve or recommend variances to the regulations controlling site area, width, depth and coverage, yards, and other open spaces, parking spaces, loading spaces, height of structures, allowable building floor area and fences for a property located in any district, except for those located in an R1 or R3-4.5 district.

B. Procedure. The approving authority for variance applications shall be as follows:

1. The planning commission shall be the approving authority for all variance applications that are not subject to city council design review pursuant to Section 14.78.020.C.

2. A public hearing shall be required. Notice of the meeting shall be given not less than ten (10) days prior to the date of the meeting by the methods required in Section 14.78.030 640
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23. The city council shall be the approving authority for all variance applications that are subject to city council design review pursuant to Section 14.78.020.C. of the application and A variance request shall be granted if, based upon the evidence submitted, the following positive findings can be made:
a. That the granting of the variance will be consistent with the objectives of the zoning plan set forth in Article 1 of Chapter 14.02;
b. That the granting of the variance will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity; and
c. That variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

D. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. (Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , §§ 6, 7, 9-27-2016; Ord. No. 2019-457 , § 2, 1-28-2020) Editor's note(s)—See editor's note, § 14.78.060.

14.78.080 Expiration of design review and/or variance approval—Extensions.

A. Design review and/or variance approvals granted pursuant to this chapter shall expire twenty-four (24) months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the improvements constituting the subject of the approval and construction thereof is commenced and prosecuted diligently toward completion.

B. Design review and/or variance approvals may be extended for a period of time not exceeding twelve (12) months. The application for extension shall be filed prior to the expiration date and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the city council.

Extensions of the approval are contingent on the community development director or their designee finding that the project complies with all current zoning ordinance regulations. (Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , §§ 6, 8, 9-27-2016) Editor's note(s)—See editor's note, § 14.78.060.

14.78.090 Multimodal transportation review.

A. An application for city council planning commission design review pursuant to Section 14.78.020.C shall be subject to a multimodal transportation review as part of the approval process in order to assess potential project impacts to various modes of transportation such as but not limited to bicycle, pedestrian, parking, traffic impacts on public streets, and/or public transportation.

B. Projects subject to a multimodal transportation review pursuant to this section shall be reviewed by the complete streets commission at a public meeting with the commission providing a recommendation to the planning commission and the city council on the multimodal transportation impact analysis and on the elements of the project that pertain to bicycle, pedestrian, parking, traffic and public transportation issues. 641
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1. When a multimodal transportation review is required by this code the complete streets commission shall provide their recommendations to the planning commission at a joint meeting.

C. Notice of an agenda item before the complete streets commission at which multimodal transportation review is conducted shall be per the public notice meeting requirements of Subsection 14.78.030.

D. EXCEPTIONS. All housing developments shall be exempt from review of the complete streets commission. No multimodal transportation review before the complete streets commission shall be required of any housing development.
(Ord. No. 2012-382, § 1, 5-22-2012; Ord. No. 2016-423 , § 6, 9-27-2016; Ord. No. 2019-457 , § 3, 1-28-2020) Editor's note(s)—See editor's note, § 14.78.060.

14.78.100 Appeals.

The basis for any appeal of a housing development shall only be allowed and based on objective standards consistent with State law.

A. Within fifteenfourteen (154) days of an action (approval or denial) on an administrative or zoning administrator design review application, the decision may be appealed to the planning commission by any interested party.

B. Within fifteenfourteen (154) days of an action (approval or denial) on a design review and/or variance application by the planning commission, the decision may be appealed to the city council by any interested party.

C. Within fifteenfourteen (154) days of an action (approval or denial) on a design review and/or variance application by the planning commission may be called up for review by the city council if two members of the city council submit requests to the city clerk pursuant to Section 1.12.040.

14.78.110 Number of Hearings Allowed.

A. When public hearings are required, the number of hearings for solely design review approval shall be no more than three (3) public hearings.
(Ord. No. 2016-423 , § 9, 9-27-2016; Ord. No. 2019-457 , § 3, 1-28-2020) 642
Agenda Item # 16.

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(Supp. No. 39 Update 1)

Chapter 2.08 CITY COMMISSIONS GENERALLY
Sections:

2.08.010 Creation of commissions.

There are hereby established the following commissions in the city, with the following regular voting members:

A. Environmental commission: Seven members;
B. Financial commission: Seven members;
C. Historical commission: Seven members;
D. Library commission: Seven members;
E. Parks and recreation commission: Seven members;
F. Planning and transportation commission: Seven members; G. Design review commission: Five members; Complete streets commission: Seven members; H. Youth commission: Eleven (11) members; from school grades seven through twelve (12); I. Senior Commission: Seven members, age fifty-five (55) or older. Exceptions may be made for individuals with special skills which may benefit seniors; and, J. Public arts commission: Seven members; and.

K. Bicycle and pedestrian advisory commission: Seven members. (Ord. 08-326 § 1)
(Ord. No. 2011-369, § 1, 8-23-2011; Ord. No. 2011-374, §§ 1, 2, 11-22-2011; Ord. No. 2012-379, §§ 1, 2, 5-22-2012; Ord. No. 2013-391, § 1, 3-26-2013; Ord. No. 2016-420 , § 1, 6-28-2016)

2.08.020 Membership.

A. All voting members shall be appointed by the council, with the following exceptions:

1. Five members of the library commission shall be appointed by the council and two members of the library commission shall be appointed by the Town of Los Altos Hills city council; and

2. Five members of the senior commission shall be appointed by the council and two members of the senior commission shall be appointed by the Town of Los Altos Hills City Council.

B. All voting commissioners shall be residents of the city, except that:

1. Three voting members of the library commission need not be residents;

2. Two voting members of the historical commission need not be residents provided the criteria of Section 2.12.010 are met; and

3. Two voting members of the senior commission need not be residents. (Prior code § 2-5.02)
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(Ord. No. 2011-369, § 2, 8-23-2011; Ord. No. 2013-391, §§ 2, 3, 3-26-2013)

2.08.030 Terms, appointments, and vacancies.

A. Commissioners, with the exception of senior and youth commissioners, shall serve for a term of four years and may be reappointed to one additional four-year term. Terms shall be staggered and expire on the last day of March or September. A commissioner shall be appointed by a majority vote of the Council and may be removed prior to the expiration of his or her term by a majority vote of the Council, and such removal may be with or without cause.

B. Senior commissioners shall serve two-year terms with incumbents eligible to serve a total of four, two-year terms, in addition to an unexpired term. Terms shall be staggered and expire on the last day of March.

C. Youth commissioners shall be appointed from school grades seven through twelve (12) and shall serve twoyear terms with incumbents eligible to reapply for appointment for terms through and including their senior year. Terms shall be staggered and expire on June 30th.

D. A commissioner appointed to fill an unexpired term may be eligible for reappointment to an additional two terms.

E. The two term limit shall apply to consecutive terms only. After a lapse of two years, a former commissioner may reapply for an appointment to any commission desired as a new applicant. The two-year lapse between appointments shall apply only to service on one commission. Upon leaving one commission, an individual may apply for an appointment to any other commission at any time.

F. Appointments to each commission shall be made as terms expire or when unanticipated vacancies occur.

G. Vacancies on any commission shall be filled by a majority vote of the council, except that the Town of Los Altos Hills City Council may fill two vacancies on the library commission and two vacancies on the senior commission. An individual appointed to fill a vacancy prior to the expiration of the term for which his or her predecessor was appointed shall serve for such unexpired term. (Prior code § 2-5.03)
(Ord. No. 2011-369, § 3, 8-23-2011; Ord. No. 2013-391, § 4, 3-26-2013; Ord. No. 2016-420 , § 2, 6-28-2016)

2.08.040 Compensation.

Commissioners shall serve without compensation. The council may approve payment to commissioners of expenses incurred by them in their official capacity.
(Prior code § 2-5.04)

2.08.050 Organization.

Annually, each commission shall elect one of its members as chair and one as vice-chair, each to serve a oneyear term. Each commission shall provide the time, place, and manner for holding regular and special meetings. A majority of the authorized membership of a commission shall constitute a quorum of that commission. All meetings of the commission as a whole, or any standing subcommittees, shall be open to the public and noticed in accordance with the California "Ralph M. Brown Act."
(Prior code § 2-5.05)
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(Ord. No. 2011-369, § 4, 8-23-2011)

2.08.060 Powers and duties of the planning commission.

The planning commission shall have those powers and duties given it by the State Planning Act (Title 7 of Chapter 3 of the Government Code of the state, commencing with Section 65100), as amended from time to time, and such other powers as granted it by the other provisions of this Municipal Code, or as may be entrusted to it by the council from time to time, and shall submit an annual report to the council. (Prior code § 2-5.06)
(Ord. No. 2012-379, § 3, 5-22-2012; Ord. No. 2017-434 , § 1, 9-26-2017)

2.08.070 Powers and duties of the library commission.

The library commission shall act in an advisory capacity to the council in all matters pertaining to the city library, shall cooperate with other governmental agencies and civic groups in the promotion of adequate and efficient library service to the citizens of the community, shall make budget recommendations to the council with regard to the library, and shall submit an annual report to the council. (Prior code § 2-5.07)

2.08.080 Powers and duties of the parks and recreation commission.

The parks and recreation commission shall act in an advisory capacity to the council in all matters pertaining to parks and public recreation and shall cooperate with all other governmental agencies and civic groups in the advancement of sound parks and recreational planning and programming, shall make budget recommendations to the council with regard to parks and recreation, and shall submit an annual report to the council. (Ord. 00-388 § 2: prior code § 2-5.08)
(Ord. No. 2011-374, § 3, 11-22-2011)

2.08.090 Powers and duties of the historical commission.

The historical commission shall have those powers and duties granted it by Section 2.12.030 of the Los Altos Municipal Code and/or as may be entrusted to it by the council from time to time and shall submit an annual report to the council.
(Prior code § 2-5.09)

2.08.100 Powers and duties of the youth commission.

The youth commission shall act in an advisory capacity to the city council on matters relating to youth interests, youth concerns, and the need for outreach services. The city council's youth commission interview committee shall interview commission applicants and recommend appointments. (Prior code § 2-5.10)
(Ord. No. 2016-420 , § 3, 6-28-2016)
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Agenda Item # 16.

Created: 2023-01-20 14:51:35 [EST]
(Supp. No. 39 Update 1)

2.08.110 Powers and duties of the design review commission.

The design review commission shall have those powers and duties granted it by other provisions of this Municipal Code, or as may be entrusted to it by the council from time to time, and shall submit an annual report to the council.
(Ord. 03-255 § 2)
(Ord. No. 2012-379, § 4, 5-22-2012)

2.08.120 2.08.110 Powers and duties of the environmental commission.

The commission shall have those powers and duties entrusted to it by the council from time to time, and shall submit an annual report to the council. The environmental commission studies and makes recommendations to council on issues that affect the natural and built environment in the city and the region. Additional duties include special projects as directed by the council.
(Ord. 08-326 § 2)

2.08.130 2.08.120 Powers and duties of the financial commission.

The commission shall have those powers and duties entrusted to it by the council including:

A. Annual review of the investment policy;
B. Annual review of independent financial audit;
C. Review of auditor selection process;
D. Review of financial projections and assumptions. This especially relates to review of revenue projections provided in the annual mid-year report which are used biennially as the basis for the service and financial plan;
E. Special projects as directed by the council, city manager or finance director; and F. Submission of an annual report to the council.

The financial commission provides resident input to the council and staff regarding financial policy issues, and promotes resident participation and understanding regarding the financial condition of the city. (Ord. 08-326 § 3)

2.08.140 2.08.130 Powers and duties of the senior commission.

The joint Los Altos/Los Altos Hills senior commission shall act in an advisory capacity to the council in all matters relating to senior interests and concerns, shall make recommendations aimed at improving the life of seniors, and shall submit an annual report to the council. (Ord. No. 2011-369, § 5, 8-23-2011; Ord. No. 2016-420 , § 4, 6-28-2016) 646
Agenda Item # 16.

Created: 2023-01-20 14:51:36 [EST]
(Supp. No. 39 Update 1)

2.08.150 2.08.140 Powers and duties of the public arts commission.

A. The public arts commission shall act in an advisory capacity to the council in all matters pertaining to public arts programs sponsored by the city. It shall take an active role in bringing about public awareness of the visual arts as well as in the definition, execution and promotion of those programs which include, but are not limited to, exhibition of sculpture, paintings, photography, video and other visual arts. The commission shall submit an annual report to the council.

B. The primary focus of the commission is the public outdoor sculpture loan program. The commission will conduct sculpture searches, evaluate and recommend sculptures, identify sculpture locations and work with city staff on placement and maintenance of sculptures. The commission will also assist the city with ensuring that all conditions and agreements are being met. In addition, the commission will promote artists' works through media exposure of the sculpture program.
(Ord. No. 2011-374, § 4, 11-22-2011)

2.08.160 2.08.150 Powers and duties of the complete streets commission. •A. Help to create multi-modal transportation solutions and policies that enable safe, attractive, comfortable and independent access and travel for pedestrians, bicyclists, transit users, and motorists of all ages and abilities, including connectivity across jurisdictional boundaries. •B. Shall advise the council on existing and proposed city policies related to traffic calming and traffic enforcement.
•C. Shall advise the council on projects and budget priorities for transportation-related capital improvements. •D. Provide for community engagement and serve as a conduit for community input. (Ord. No. 2012-379, § 5, 5-22-2012; Ord. No. 2017-434 , § 1, 9-26-2017)

2.08.170 2.08.160 Role of staff liaison.

The city manager, or his/her designee, shall appoint an individual to serve as liaison to each commission. The role of the staff liaison is to assist the commission in carrying out its responsibilities. Duties of the staff liaison shall include attending all meetings of the commission, preparing agendas in collaboration with the chair, ensuring agendas and reports are posted in compliance with state law and city protocols, researching and preparing reports for the commission, as is consistent with the work plan and/or council direction, preparing action minutes for approval by the commission, preparing reports from the commission to the council, serving as the liaison between the commission and other city staff, communicating directions from the city council to the commission, and staying apprised of new laws and city protocols related to their assigned commission or commissions generally. (Ord. No. 2016-420 , § 5, 6-28-2016)
647
Agenda Item # 16.

COMPLETE STREETS COMMISSION MEETINGS

MEETING DATE ITEM DISCUSSED
1/28/2018 Miramonte Ave Path Project
2/12/2018 (Special Meeting) Safe Routes to School Project 2/28/2018 Foothill Expressway Project
3/28/2018 Cuesta Traffic Calming Project
4/25/2018 Safe Routes to School Project
5/9/2018 (Special Meeting) Grand Boulevard Project
5/23/2018 4856 El Camino Real – Housing Development
6/27/2018 97 Hillview – Community Center Project
Mountain View Multi-Modal Project
7/25/2018 (Cancelled) N/A – Meeting Cancelled
8/22/2018 389 1st Street – Housing Development
Street Shoulder Improvement Policy
Foothill Expressway Project
9/26/2018 El Monte Ave Gap Closure
10/24/2018 (Special Meeting) El Camino Real Streetscape Pedestrian and Bike Issues
11/28/2018 (Cancelled) N/A – Meeting Cancelled
12/6/2018 (Special Meeting) Workplan
12/26/2018 (Cancelled) N/A – Meeting Cancelled
1/23/2019 Cuesta Drive Traffic Calming
Los Altos Ave Project
Workplan
2/27/2019 999 Fremont – Housing Development
425 1st Street – Housing Development
3/27/2019 Cuesta Drive Traffic Calming
4/24/2019 Arboleda Drive Traffic Project
Complete Streets Masterplan
5/22/2019 Green Stormwater Infrastructure Plan
Arboleda Drive Traffic Project
5150 El Camino Real – Housing Development
6/26/2019 Complete Streets Masterplan
4898 El Camino Real – Housing Development
444-450 1st Street – Housing Development
7/24/2019 (Cancelled) N/A – Meeting Cancelled
8/28/2019 Complete Streets Masterplan
4350 El Camino Real – Housing Development
9/25/2019 (Cancelled) N/A – Meeting Cancelled
10/23/2019 Fremont Pavement Project
4350 El Camino Real – Housing Development
11/20/2019 Annual Resurfacing Project
Cuesta Drive Traffic Calming Project
Complete Streets Masterplan
12/25/2019 (Cancelled) N/A – Meeting Cancelled
1/22/2020 Almond Ave Project
Fremont Ave Project
648
Agenda Item # 16.
2/26/2020 Use Permit Review – 461 Orange Ave
Midpen Wayfinding Signage
3/25/2020 (Cancelled) N/A – Meeting Cancelled
4/22/2020 (Cancelled) N/A – Meeting Cancelled
5/11/2020 Community Streets
5/27/2020 Downtown Street Closures
6/24/2020 CIP Update/Budget
7/22/2020 Fremont Ave Project
Hetch Hetchy Pathway Crossing
CIP Updates
8/26/2020 Bike Facility Improvements
Fremont Ave Project
El Monte Bike/Ped Path Project
9/30/2020 Almond Ave Project
Fremont Ave Project
El Monte Ave Gap Closure
University All Way Stop
Complete Streets Masterplan
10/28/2020 Complete Streets Masterplan
11/25/2020 (Cancelled) N/A – Meeting Cancelled
12/10/2020 VTA Bike Super Highway Program
Bike Signal at San Antonio & Almond
Rancho San Antonio TDM Program
Safe Routes to School Program
1/21/2021 (Study Session) Complete Streets Masterplan Study Session 1/27/2021 Complete Streets Masterplan
140 Lyell Street – Housing Development
Fremont Ave Project
Annual Resurfacing Project
2/24/2021 355 1st Street – Housing Development – Pre-App Complete Streets Masterplan
3/18/2021 (Study Session) Complete Streets Masterplan Study Session 3/31/2021 VMT Policy
Complete Streets Masterplan
Safe Routes to School
Pavement Projects
Workplan
4/22/2021 (Study Session) Complete Streets Masterplan Study Session 4/28/2021 420 San Antonio – Housing Development
Cuesta Traffic Calming Project
El Camino Real Bike Lanes
5/06/2021 (Cancelled) N/A – Meeting Cancelled
5/19/2021 Complete Streets Masterplan Study Session
5/26/2021 Complete Streets Masterplan
Safe Routes to School
CIP Program/Budget
6/30/2021 SB 330 Presentation
649
Agenda Item # 16.

Foothill Expressway Project
CIP Report
Complete Streets Masterplan
7/28/2021 (Cancelled) N/A – Meeting Cancelled
8/10/2021 El Camino Real Bike Lanes
Foothill Expressway Project
Complete Streets Masterplan
Safe Routes to School
8/25/2021 VMT Policy
Transportation Analysis Reports Checklist
9/29/2021 349 1st Street – Housing Development
Packard Foundation – Parking Modifications
Complete Streets Masterplan
10/27/2021 Cuesta Traffic Calming Project
Complete Streets Masterplan
376 1st Street – Housing Development
11/24/2021 (Cancelled) N/A – Meeting Cancelled
12/01/2021 376 1st Street – Housing Development
Complete Streets Masterplan
1/26/2022 (Cancelled) N/A – Meeting Cancelled
2/23/2022 School Drop-off Safety
City Attorney Training for Commission
CIP Update
Street Resurfacing Project
3/30/2022 VMT TDM
St. Joseph Sidewalk
Hetch Hetchy Crossings
Citywide Crosswalk Hardware Update
4/27/2022 VMT TDM
St. Joseph Sidewalk
Hetch Hetchy Crossings
Citywide Crosswalk Hardware Update
5/25/2022 Fremont Ave Project
Almond Ave/LAHS Update
Safe Routes to School
6/29/2022 (Cancelled) N/A – Meeting Cancelled
7/27/2022 Hetch Hetchy Crossing
Cuesta Drive Traffic Calming Project
8/31/2022 Workplan
AB 43
LAHS Update
Traffic Model Update
9/28/2022 (Cancelled) N/A – Meeting Cancelled
10/26/2022 Safe Routes to School
11/30/2022 (Cancelled) N/A – Meeting Cancelled
12/12/2022 Transportation Division Goals
1/25/2022 Workplan
650
Agenda Item # 16.

Bike Friendly Communities
Truck Route Network
2/22/2022 (Cancelled) N/A – Meeting Cancelled
 72 Total CSC Meetings Since January 2018
 17 Total CSC Meetings Cancelled Since January 2018
 Red Indicates Cancelled Meetings
 Yellow Indicates Meetings which involved the review of a Housing Development

JOINT PLANNING/COMPLETE STREETS COMMISSION MEETINGS
12/2/2021 440 1ST Street – Housing Development
355 1st Street – Housing Development
8/18/2022 330 Distel – Housing Development
 2 Total PC/CSC Joint Meetings Since December 2021
 Yellow Indicates Meetings which involved the review of a Housing Development

PROJECT SPECIFIC DETAILS FROM CSC REVIEW
389 1st Street
 Consideration for increasing Class 2 bicycle parking.  Increase in sidewalk width along the property frontage on First Street 999 Fremont
 City to look into widening the width of sidewalk along the west side of Miramonte Avenue  Additional class II bicycle parking onsite adjacent to Fremont Avenue 425 1
st Street
 Recommendation for City staff to acquire 1-ft of easement from the applicant to widen the sidewalk.
5150 El Camino Real
 Recommendation to address the number of on-site bicycles storage. 4898 El Camino Real
 Recommendation to add surface level paints for bikers, and red curb at Jordan Avenue. 444-450 1st Street
 Recommendation of 6-foot-wide sidewalk, red curbing, EV Charging and bike parking configuration.
651
Agenda Item # 16.
4350 El Camino Real
 1
st Meeting
o Elevator size
o Bus stop major transit determination
o Increase class I and class II bike parking/storage
o Move bus shelter
o No parking on El Camino Real
o Discuss onsite deliveries
o Onsite parking management
o Visibility of driveway/change location of driveway
o Clarify grade of garage
o More EV Chargers
 2
nd Meeting – all improvements that were requested by the CSC in meeting one were not made by the applicant. Staff at that time included additional explanation regarding the project and specific improvements. The applicant was required to adhere to bus shelter improvements as required by VTA but additional modifications were rejected by the applicant. A stop sign was added from the review of the complete streets commission which is onsite of private property. o No driveway was relocated, required major project redesign. o No modification of loading zones was included by applicant o No modification of the bus shelter was provided
o No bike storage/locations were modified by the applicant o No additional EV Spaces was provided by applicant
o No modifications to landscaping was provided by applicant At the conclusion of the project review the CSC motioned to accept staff recommendations with the additional modifications:
o Follow the number of required parking in the zoning code, and not Density Bonus Law o Remove parking on El Camino Real
o Review Trash pick-up area
o EV Readiness for parking lot
o Additional 60 Class I Bike Parking
140 Lyell
 Add Sidewalk/Pathway along Project Site
 Recommend to add more EV Stalls and Bike Storage
355 1st Street (Pre-Application Review)
 Enhance back alley access
 Additional bike parking
 Additional EV Charging Stations
 Examine Streetscape on First Street
420 S. San Antonio (Pre-Application Review)
652
Agenda Item # 16.
 Provided applicant with initial recommendations by the CSC 349 1st Street (Pre-Application Review)
 Draft developer checklist
 Provide Traffic Impact Analysis and Analyze LOS
 Review cumulative parking impact of first street
 Project should exceed the minimum bike parking
376 1st Street
 1
st Meeting
o Evacuation mechanism for owners of EV cars
o Backup generator shall be included
o City to show stronger streetscape improvements
o Wants more bike and EV parking
o One-way car ramp is not recommended
o Sidewalk width should be increased
o Provide e-bike power
 2
nd Meeting
o Staff recommended:
 Increase bike parking to category I
 Confirm visibility of garage ramp with mirror
o Commission recommendation:
 Accept staff recommendations and;
 Category I bike storage and provide power charging for e-bikes  Planning Commission to confirm not vehicle queuing on First Street  Modify plan to include 15-second garage door opener, and 18 foot minimum from door to back of curb
440 1
st Street
 PC/CSC Joint Meeting
o CSC Comments
 Garbage pickup
 Narrow driveway
 More bike parking
 E-bike charging
 Elevator size
 Slope of ramp
 Gym location
 Mail location
o Public Comment:
 South Bay YIMBY
 Concerned with the length of project review and the number of hearings
653
Agenda Item # 16.
355 1st Street
 PC/CSC Joint Meeting
o CSC Comments
 Provide e-bike charging
 More bike stalls
 Asked about deliveries to the building
 The size of the elevator
 First Street Streetscape
o CSC Recommended
 Electric power for e-bikes
330 Distel
 PC/CSC Joint Meeting
o CSC Comments
 Objected to the interpretation of State law and what is considered a major transit stop
 Asked about including more EV Stalls of the applicant  Project should provide more bike stalls than required “how much more can you provide”
 “We can ask the developer to consider, but nothing we are discussing are in the realm of what we can require”
 The City should add a bike lane, and extend the sidewalk within the immediate area
 “the city needs to step up here because we can’t require it of the developer, the project is well needed”
o CSC Recommended
 Add bike parking charging in bike room as a condition of approval  Examine the access path to bike room
654
Agenda Item # 16.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
655
Agenda Item # 16.

March 9, 2023
Dear Mayor Meadows and City Council,
We are happy to see the City Council adopting Housing Element programs so quickly.

We share the Council’s concern about standards for multimodal transportation requirements for new developments. Half of the LAAHA steering committee are cyclists, and we all walk; every day we see the need for improvements to our cycling and walking infrastructure. We also share Director Zornes’ concern about staying within our authority, and not imposing requirements we are legally forbidden from imposing.

Thus far, the Complete Streets Commission (CSC) has been reviewing multifamily housing projects at the last minute. Every time, Complete Streets makes roughly the same suggestions: add more bike parking, make the bike parking better, improve non-car access to the building. These are the right requirements at the wrong time. Developers need to know our requirements in the initial design phase so they can design a building that accommodates cyclist and pedestrian needs from the start. It’s inefficient for everyone to impose these standards at the end of the entitlement phase instead of the beginning.

The City needs objective standards for multimodal transportation for our development projects. We urge the City to quickly instruct staff to bring this issue to CSC, which is the group with the expertise to craft those standards. Then Council can vet the standards and enact them into law.

Respectfully,
LAAHA Steering Committee
Los Altos Affordable Housing Alliance
Committed to educating and inspiring the Los Altos community to build housing that is affordable for those who live and work in Los Altos
656
Agenda Item # 16.
https://losaltosaffordablehousing.org/
657
Agenda Item # 16.

From: Jim Wing
To: Public Comment
Subject: PublicComment Agenda Item 15-MeetingDate 03/28/2023 Date: Thursday, March 23, 2023 1:45:31 PM
Los Altos Mayor Meadows and Distinguished Council Members, Subject: Council 03/28/2023 Meeting Agenda Item 15, Housing Element Implementing Ordinance
I urge you to continue Objective Code Improvement Projects! I support Housing Element Ordinance changes that are shifting most new/revision residential permit applications from public review to Planning Staff review.

Making Los Altos Code objective makes it easier for home owner/developer to summit designs that are code compliant. Giving Planning Staff approval authority means that they know what to check and do not have to make “judgmental” decisions. In my 55 years, Los Altos has always had high turnover of Planning Staff. Codes that are objective means that new hires can very quickly do “no judgmental” reviews.

Would you please consider ‘bundling” following changes to ensure objective compliance with both California/Federal law and provide pedestrian safety? California Vehicle Code is the “objective guideline” for Automobile, Bicycle, Pedestrian, Trucks and Public Transportation. Recent changes to Federal 2007 Clean Water Act Regulations concerning Los Altos ephemeral creeks, now impacts residential streets that do not have curb and gutter. Los Altos Shoulder Improvement Policy SU-20 ensures compliance and also provides enhanced pedestrian safety.

1. Chapter 14.76.060 Page 31 - Finding “C” to include Los Altos Shoulder Improvement Policy SU-20? This will ensure that Federal Environmental Requirements for Los Altos ephemeral creeks are being met for streets that do not have curb and gutter. Also, pedestrian safety is enhanced by providing edge of street swales for safer walking.

Contractor for new home at 761 University had drawings, approved by Los Altos staff that did not specify construction details for how to treat pavement shoulder. Contractor was just going to put some rocks down. I provided him with SU-20 drawings, now site will be incompliance with Federal regulations and safe place for me to walk.

2. Chapter 14.78.090 Page 38 - Change Title to include definition of “Multimodal [Auto, Bicycle, Pedestrian, Trucks, and Public Transportation]”. Most residents do not know what “Multimodal” means.

3. Chapter 14.78.090 Page 38 - Finding “A” to include review for compliance with California Vehicle Code. This will ensure that automobile, bicycle, pedestrian, trucks, and public transportation are in conformance with California Law. California Vehicle Code is a great objective code and covers all aspects of transportation. One example is all [except for school zones] of Los Altos speed limits may not be in valid because data used for calculation of “85 percentile” speed was not done per California Vehicle Code.

Thank you for your consideration! Jim Wing, Milverton Road, Los Altos, CA 658
Agenda Item # 16.
659
Agenda Item # 16.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: March 14, 2023
Subject Update on Return to In-Person City Council and Commission meetings Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Memo: Guide to Brown Act Requirements for Teleconferencing Initiated by:

Staff
Previous Council Consideration:

January 10, 2023
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to provide additional direction related to City Council and/or Commission meetings?
Summary:
 As of March 1, 2023, all City Council and Commission meetings are being held in person with a remote option for members of the public
 The Brown Act allows for Council or Commission members to participate in meetings via teleconference provided certain requirements are met
 The Los Altos Commission Handbook prohibits commission members from participating in meetings via teleconference
Staff Recommendation:

Receive an update on the return to in-person City Council and Commission meetings and provide direction if needed
660
Agenda Item # 17.

Subject: Update on Return to In-Person City Council and Commission meetings March 14, 2023 Page 2
Purpose
To receive an update on the return to in-person Council and Commission meetings Background
On February 28, 2023, the State and City emergency declarations relating to the COVID-19 pandemic ended. During the pandemic, the City was able to hold City Council and Commission meetings without complying with certain elements of the Brown Act, including the posting of all teleconferencing locations. Termination of the State emergency declaration meant that the City would be required to comply with all aspects of the Brown Act.

Discussion/Analysis
Beginning in Fall of 2022, the City Council began holding hybrid meetings. Members of the Council, staff and the public could attend the meetings either in person or virtually. On January 10, 2023, the City Council received an update on new Brown Act requirements enacted by AB 2449. At that same meeting, Council directed that Commissions should resume meeting in person beginning March 1, 2023. Starting March 1st, all Commission meetings are being held in person at either City Hall or the Community Center. Members of the public may still participate via video conference.

Under the rules of the Brown Act, members of the City Council and/or Commissions may participate in meetings via teleconference, provided certain requirements are met. However, the Los Altos Commission Handbook states “Commission members shall not participate in meetings by teleconference.” As such, all Commissioners have been informed that they cannot participate in meetings remotely. It is worth noting that this section of the Commission Handbook was enacted before the advent of technologies such as Zoom when there was a significant burden on the City to host a meeting in which a member was teleconferencing. Given the advances of technology, these burdens have largely been resolved.

Recommendation
The staff recommends receive the update and provide direction if needed. 661
Agenda Item # 17.
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M E MO R AN D U M
RE: Guide to Brown Act Requirements for Teleconferencing Beginning March 1, 2023, the City Council and Commissions in the City will be required to attend meetings in person, because the California COVID-19 State of Emergency ended on February 28, 2023. The public will be able continue to participate in meetings as they have been, both in person and remotely via Zoom. The City Council may take advantage of the more limited teleconferencing provisions than those that were in place during the COVID-19 State of Emergency.

However, the Los Altos Commission Handbook (“Handbook”)specifically forbids Commissioners from teleconferencing. As a result, Commissioners must currently participate in person and do not have an option to teleconference under any scenario. If the City Council chooses to amend the Handbook to allow Commissions to teleconference, Commissioners may utilize the traditional Brown Act teleconferencing provision or AB 2449 if they wish to participate remotely.

Key Differences Between the Traditional Brown Act Teleconferencing Provision and AB 2449 Traditional Brown Act Teleconferencing AB 2449
Location Commissioner is teleconferencing from
must be open to the public.

Location Commissioner is teleconferencing from is
not open to the public.

Commissioner participating remotely may participate
through audio, video, or both.

Commissioner participating remotely must
participate via audio and video.

Commission does not have to provide public with
any additional ways to participate remotely.

Public must be able to participate both via audio and
video; and in person.

No limit on number of times a Commissioner can
teleconference.

Commissioner may not participate remotely for 3
consecutive months or 20% of meetings. Only two
“just causes” can be provided in one year.

A Commission elects to use teleconferencing. A Commissioner provides a “just cause.” A Commissioner requeststo participate remotely due
to an “emergency circumstance.”
Quorum of Commissioners must participate from
within the City.

Quorum of Commissioners must participate in one
physical location within the City.

Votes must be taken by rollcall. Votes not required to be taken by rollcall.

Public must have the opportunity to address a teleconferencing Commission directly.

Requirements to Teleconference under the Traditional Brown Act Provision A Commission may elect to use teleconferencing under the traditional Brown Act provision, if:
 Agendas are posted at all teleconferencing locations.  Each teleconferencing location is identified in the meeting notice and agenda.  Each teleconferencing location is open and accessible to the public. 662
Agenda Item # 17.
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 A quorum of the Commissioners participates from locations within the City.  All votes must be taken by rollcall.

When teleconferencing under the traditional Brown Act provision, a Commissioner can participate through audio, video, or both audio and video. Additionally, a Commissioner does not have to provide a reason for teleconferencing under this provision.

Requirements to Teleconference under AB 2449
A Commissioner may teleconference into a meeting under AB 2449 if the Commissioner notifies the Commission of a “just cause” or requests to participate remotely due to “emergency circumstances.”  “Just cause” is defined to include caregiving of a family member, having a contagious illness, having a mental or physical disability, or traveling on official business. o Can only provide two “just causes” per calendar year.  “Emergency circumstances” is defined to include physical or family medical emergencies. o Need separate request for each remote appearance.
o Commission can approve the request to participate remotely by majority vote.

If a Commissioner is able to participate remotely after providing a “just cause” or “emergency circumstance”, the Commissioner must:
 Disclose whether anyone over the age of 18 is in the room during the meeting.  Participate through video and audio.
 Not participate remotely for 3 consecutive months, 20% of meetings in a calendar year, or 2 meetings if the Commission meets less than 10 times a year.

If a Commission is holding a hybrid meeting under AB 2449, the Commission must:
 Provide the public with the ability to participate remotely through an audio-visual medium, in addition to participating in person, and provide notice on how to do so.  Have at least a quorum of the Commissioners in a single physical location in the City which is identified in the agenda and open to the public.
663
Agenda Item # 17.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
664
Agenda Item # 17.

From: Stacy Bruzek Banerjee
To: Public Comment
Cc: Jon Maginot
Subject: Public Comment Item #10 Commission meeting location - March 14 2023 Date: Monday, March 13, 2023 5:21:58 PM
Honorable Mayor Meadows, Vice-Mayor Weinberg, and Councilmembers, It is important to give city commissioners the most flexibility allowed under the state law for attending meetings virtually. Commissioners are city volunteers and have many other commitments (such as business travel/personal travel, personal circumstances, illness, etc.), and may not be able to attend a particular meeting in-person but want the option to attend virtually. As a city, we benefit from -- and should welcome -- the contributions our commissioners make at meetings whether they attend in-person or virtual as allowed by the state law.

As the chair of the VTA BPAC, I have successfully presided over our February and March meetings where some members of the committee were in-person and others remote. Members were able to contribute - their location was immaterial (as long as state law was followed). I believe we can similarly be successful with city commission meetings, and I know our commissioners are seeking the flexibility of attendance location.

Our city should embrace the meeting location flexibility allowed by the state for commissioners (and councilmembers). The city may also choose to encourage our state elected leaders to create further flexibility around where elected/appointed individuals may attend a meeting from. The past 3 years have proven that we can effectively conduct public business/meetings online.

Stacy Banerjee
CSC Chair
665
Agenda Item # 17.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: March 28, 2023
Subject SB43 Support Letter: Discuss and Provide Direction regarding the SB43 Letter of Support regarding Mental Health Reforms
Prepared by: Angel Rodriguez, Interim City Clerk
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. SB43 Support Letter
Initiated by:

City Council
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to submit a letter of support regarding SB43? Staff Recommendation:

This is a Council initiated item. Staff is requested direction. 666
Agenda Item # 18.

March 1, 2023
Senate Rules Committee
California State Senate
State Capitol, Room 400
Sacramento, CA 95814
RE: SB 43 / 363 (Eggman) Conservatorship Reform and Behavioral Health Bed Database –

SUPPORT
Dear Senators,
As Mayors of XX cities in Santa Clara County we are writing in strong support of SB 43, Conservatorship Reform, and SB 363, Behavioral Health Bed Database, which will strengthen and reform our conservatorship system while also establishing a statewide database for behavioral health resources.

California faces a startling dearth of behavioral health services across the state. The abusive approach of past psychiatric institutions was rightfully phased out in California decades ago.

While well-intentioned, the elimination of these facilities created major gaps in beds and services for those with a serious mental illness (SMI) or substance use disorder (SUD). Last century, our country hit a peak of 337 psychiatric beds per 100,000 individuals. In 2016, that number plummeted to 12 beds per 100,000 people. Without a robust healthcare infrastructure and the ability to compel treatment, thousands of Californians have been left without critical assistance in managing and recovering from behavioral health issues.

According to the California Health Care Foundation, one in 26 Californians suffer from a serious mental illness that impairs their daily activities. One in three jailed Californians suffer from a mental health issue. Estimates for the frequency of behavioral health issues among our unhoused population ranges from one in three to as high as two in three. As public servants, we must identify and promote the most effective, evidence-based care suited to each individuals’ needs across the behavioral health continuum. The outcomes we effectuate now for our most vulnerable residents will be a profound measurement of our success to future generations.

We thank Senator Eggman for introducing SB 43 and SB 363 as essential steps towards our collective goal of expanding access to treatment. SB 43 will modernize the Lanterman–Petris– Short Act to consider individuals with the most acute conditions for conservatorship. Individuals who experience SMI, SUD, homelessness, or all three are far more unlikely to recognize the severity of their condition, let alone the need for treatment. Family members, medical providers, first responders and community members are often desperate to get someone into treatment, but face extraordinary difficulty in doing so under current law. People with severe mental health challenges also tax our vital health and safety systems, impact neighborhoods and small businesses, and cycle in and out of emergency departments and jail. These are often the most expensive, least effective ways to provide them the services they need. 667
Agenda Item # 18.

Conservatorships are a last-resort attempt to care for an individual who has become “gravely disabled,” which is currently defined as not being able to provide ones’ self with food, clothing and shelter. SB 43 would enhance the definition of “gravely disabled” to a renewed focus on those who are unable to prevent serious physical or mental harm to themselves or others due to an inability to provide for their own basic needs. In addition to families, the Public Guardian can petition for conservatorship, allowing local governments to redirect individuals away from the criminal justice system and emergency departments and link them to effective care. Expanding our use of conservatorships is a practical and moral imperative. Governor Newsom has led valuable reforms in this area, such as the expansion of Laura’s Law, CARE Court, and advocating for additional utilization of public conservatorships.

Additionally, SB 43 addresses the inability for medical experts to present documented medical analysis from healthcare providers in the adjudication process. Due to the 2016 California Supreme Court Case, People v. Sanchez, out-of-court statements not presented by the commentator are labeled hearsay, and therefore inadmissible. Experts on the stand often rely on the analysis of medical professionals to argue as to why someone may need to be placed under conservatorship. Their clinical evaluation can provide critical context for why an individual should be considered for conservatorship. Under SB 43, courts will receive a more holistic medical background regarding the potential conservatee, ensuring juries are further equipped to determine whether conservatorship is justifiable.

We also applaud SB 363, a long-overdue creation of a state-run virtual dashboard for behavioral health beds. Some counties, including ours, independently operate dashboards displaying available bedcount of county-owned and contracted facilities specializing in treatments across the behavioral health continuum. Generally, these dashboards are updated daily rather than in real-time, meaning there is no standardized sharing of data between facilities when hours, minutes, or seconds count towards getting someone into treatment. SB 363 would direct the State Department of Health Care Services to create a database of behavioral health facilities and share bed capacity as it is changing in real-time. A comprehensive repository of specialized services such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers will provide breathing room for overwhelmed emergency departments and link individuals to condition-specific resources.

SB 43 and 363 jointly confront our behavioral health crisis with valuable tools and will provide meaningful, measurable outcomes for our shared goal of aiding vulnerable Californians and reducing the community impacts of serious behavioral health issues.

Thank you for your leadership on this important issue.

Sincerely,
[MUST INCLUDE SIGNATURE]
[NAME]
[POSITION]
[ORGANIZATION]
668
Agenda Item # 18.

City of Los Altos 2023 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.

Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept/
Date of
request
to add.

April 11, 2023 Closed Session – (6:00)
April 11, 2023 REGULAR COUNCIL MEETING
Noise Ordinance Discussion Council
Los Altos Grill License Agreement Discussion Jolie
Sewer Master Plans Info Aida
Assembly Bill AB 1276 – Adoption of the Single-Use Foodware Accessories and Condiments Ordinance. 2nd Reading
Consent Aida
Reach Codes; 1st reading Discussion Nick
Outdoor dining program Discussion Anthony
APRIL 25, 2023 Study Session –530 Start Time Info Aida
April 25, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
Storm Water Master Plan Info Aida
Housing Element Implementation ordinance; Program 4C-F Public Hearings Nick Adopt by reference the IBC Property Maintenance Code Public Hearing Nick 669
Agenda Item # 19.

City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.

Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.

POA MOU Ratification Consent Irene
Restriction of Firearms on Public Property (JW/NF/AE 7/12) Discussion Angela Gas Powered Leaf Blowers Discussion Nick
Reach Codes; 2nd reading and adoption Consent Nick
CHAC Update Discussion Mayor
HHW Amendment #2 with SCC Consent Aida
License Plate readers Discission Angela
May 9, 2023 REGULAR COUNCIL MEETING
3rd Quarter Report
Review Council Norms and Procedures Discussion Gabe
Solid Waste Rates Discission Aida
May 23, 2023 FY23-24 Budget Study Session
May 23, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
Council Non-Profit Civic Organization Contribution Discussion Anthony June 13, 2023 REGULAR COUNCIL MEETING
Adopt Resolution No. 2022-XX approving the Report of Sewer Service Charges and directing the Filing of Charges for Collection by the Tax Collector
2 Printed Public
Hearing -
- not less than 10
days - published
once a week for
670
Agenda Item # 19.

City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.

Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
two consecutive
weeks 5/11/2022
& 5/18/2022
Present 2023/24 Budget Public Hearing June
June 27, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
Adopt 2023/24 Budget Consent June
July 11, 2023 REGULAR COUNCIL MEETING
August 22, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
September 12, 2023 REGULAR COUNCIL MEETING
September 26, 2023 REGULAR COUNCIL MEETING
Year End tentative report – September (if needed)
Treasury Report Consent June
October 10, 2023 REGULAR COUNCIL MEETING
October 24, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
November 14, 2023 REGULAR COUNCIL MEETING
1st Quarter report FY 2021/2022
671
Agenda Item # 19.

City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.

Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.

Future Agenda Topics To Be Scheduled….

May is Bike Month Proclamation Special Item Mayor
Comprehensive multi-modal traffic study (analysis of recent projects projected parking, trip generation, & traffic impacts to actuals; ECR impacts should include adjacent streets) – Jim ES
PCI Report – Jim
MWENDO – Council (with Env Commission)
Dark Skies Ordinance (LLE/JW/NF/ 2/21/2023)
Update to personnel rules– HR Consent HR
November 28, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
December 5, 2023 Council Reorganization
December 12, 2023 REGULAR COUNCIL MEETING
(ACFR)and Year End – 1st meeting December
672
Agenda Item # 19.

City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.

Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.

Cities Association JPA – Council Discussion Angel
Future Agenda Item Policy Update Discussion Anthony
Acceptance of the CCTV Video Inspection; Project WW01011 Consent Aida Flag Policy Pilot, 2nd Nov Meeting 2023 Discussion Council SVCE Electrification Grant Consent Aida
Bicycle parking ratio ordinance (HEU) Discussion Nick
Acceptance of the Council Chamber AV project Consent Aida City wide parking analysis – (HEU) Study Session Nick
Design Contract for S 1st Street scape Consent Jim
673
Agenda Item # 19.

PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Amend ADU Ordinance
based upon HCD's letter 6 months or less
Program 3.H: Amend design review process and
requirements.

Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.

Dismiss Design Review
Commission February 28, 2023 IN-PROGRESS
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys. Budget & Hire Housing March 31, 2023 Program 4.J: Facilitate alternate modes of transportation for Adopt VMT Policy & June 30, 2023 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

RFP-Permit Ready ADU
Plans July 31, 2023
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023
Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 IN-PROGRESS Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 IN-PROGRESS Program 2.F: Water and Sewer Service Providers. December 31, 2023 Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023
Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023
Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 IN-PROGRESS 674
Agenda Item # 19.

Program 3.K: Standardize multimodal transportation
requirements. December 31, 2023 IN-PROGRESS
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources. Prepare Inventory. December 31, 2023 Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024
Program 3.I: Allow residential care facilities consistent with State law. March 31, 2024
Program 3.J: Explicitly allow manufactured homes consistent with State law. March 31, 2024
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. December 31, 2024 Program 1.C: Allow housing in the Office Administrative (OA) District. December 31, 2024
Program 1.E: Update the Loyola Corners Specific Plan. December 31, 2024 Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Adopt-Permit Ready ADU
Plans December 31, 2024
675
Agenda Item # 19.

Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. December 31, 2024
Program 3.B: Modify building height in mixed-use zoning districts.

Commercial
Neighborhood (CN)
District December 31, 2024
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 1.F: Rezone Village Court parcel. December 31, 2025 Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 676
Agenda Item # 19.

Program 4.J: Facilitate alternate modes of transportation for residents.

Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing
Program 1.L: General Plan amendments. Ongoing
Program 1.M: SB 9 implementation. Ongoing
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually Program 4.A: Support efforts to fund homeless services. Ongoing Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing
Program 5.A: Monitor condominium conversions. Ongoing
Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing
Program 5.D: Implement voluntary code inspection program. Ongoing Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
677
Agenda Item # 19.

Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources.

Inform, Evaluate
Apply/Submit Ongoing
Program 6.F: Affirmatively market physically accessible units. Ongoing Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing
Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing 678
Agenda Item # 19.