Los Altos City Council
June 27, 2023

F. Decibel. A unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure of twenty (20) micropascals.

G. Demolition. Any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

H. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

I. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

J. Fixed noise source. A. stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air-conditioners, and refrigeration equipment.

K. Holiday. For purposes of this chapter, holiday shall mean January 1st, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.

The following Monday of any of the above days falling on a Sunday shall be a holiday.

L. Impulsive sound. A sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and discharges of firearms.

M. Intrusive noise. That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

N. Mobile noise source. Any noise source other than a fixed noise source.

O. Motor vehicle. Any and all self-propelled vehicles as defined in the Vehicle Code of the state, including all on-highway type motor vehicles subject to registration under said Code and all off-highway type motor vehicles subject to identification under said Code.

P. Muffler or sound dissipative device. A device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas, compressed air, or other gas flow and effective in reducing noise.

Q. Noise. Any sound which annoys or disturbs human beings or which causes or tends to cause an adverse psychological or physiological effect on human beings.

R. Noise disturbance. Any sound which:

1. Endangers or injures the safety or health of human beings or animals; or

2. Annoys or disturbs a reasonable person of normal sensitivities; or 181
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3. Endangers or injures personal or real property.

S. Noise sensitive zone, Any area so designated for the purpose of ensuring exceptional quiet, e.g., a hospital zone or nursing home.

T. Noise zone. Any defined area or region of a generally consistent land use wherein the ambient noise levels are within a range of five dBA.

U. Person. An individual, association, partnership, or corporation, including any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state.

V. Powered model vehicle. Any self-propelled, airborne, water-borne, or landborne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.

W. PCF. Any real property or structure thereon which is owned or controlled by a governmental entity.

X. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above, and by eight dB for center frequencies between 160 and 400 Hz, and by fifteen (15) dB for center frequencies less than or equal to 125 Hz.

Y. Residential area (all R1 and R3 Zoning Districts). An area which provides for onefamily, two-family, or other multi-family units.

Z. Sound amplifying equipment. Any device for the amplification of the human voice, music, or any other sound. This excludes standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicle used only for traffic safety purposes.

AA. Sound level meter. An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which at least satisfies the requirements pertinent for type S2A meters in American National Standards Institute Specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

AB. Sound truck. Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

AC. Vibration perception threshold. The minimum ground- or structure-borne vibrational motion necessary to cause a reasonable person of normal sensitivity to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 inches per second over the range of one to 100 Hz. 182
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AD. Weekday. Any day, Monday through Friday, which is not a national legal holiday. (Ord. 00-391 § 1; prior code § 10-5.02)

6.16.030 Powers and duties of the noise control office (NCO).

A. Lead agency. The noise control program established by this chapter shall be administered by the planning and police departments, which shall be known as the noise control office (NCO) for the purposes of this chapter. Individuals trained in acoustical technology shall be employed to assist in the administration of this chapter.

B. Powers and duties. In order to implement and enforce this chapter and for the general purpose of noise abatement and control, the NCO shall have, in addition to any other authority vested in it, the power to:

1. Conduct, or cause to be conducted, studies, research, and monitoring relating to noise, including joint cooperative investigations with public or private agencies, and the application for, and acceptance of, grants;

2. Conduct programs of public education regarding:
a. The cause and effects of noise and the general methods of the abatement and control of noise; and
b. The actions prohibited by this chapter and the procedures for reporting violations;

3. Encourage the participation of public interest groups in related public information efforts;

4. Provide for the training of city employees concerned with noise abatement. Training will be in conformance with standards for technical qualifications as established by the Office of Noise Control of the state;

5. Coordinate, when requested, the noise control activities of city departments;

6. Cooperate where practicable with all appropriate state and federal agencies;

7. Cooperate where practicable with appropriate county and municipal agencies;

8. Advise on the availability of low noise emission products for replacement or retrofit of existing or planned city-owned or operated equipment;

9. Prepare recommendations, to be approved by the council, for the designation of noise sensitive zones which contain noise sensitive activities; and

10. At least every third year following the effective date of this chapter, evaluate the effectiveness of the noise control program in the city and make recommendations to the chief administrative officer for its improvement.

C. Other duties.

1. If at any time the noise control office has reason to believe that a standard, regulation, or action, or proposed standard, regulation, or action, of any department respecting noise does not conform to the intent of Section 6.16.010 of this chapter, it may request 183
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such department to review and report to the NCO on the advisability of revising such standard or regulation or action to conform.

2. Any product which has been certified by federal or state agencies as a low noise emission product, and which is determined to be suitable for use as a substitute in any city project, shall be used in preference to any other product where economically feasible.
(Prior code § 10-5.03)

6.16.040 Noise investigations.

Upon the receipt of a complaint from a citizen, the noise control office or its agent, equipped with a sound level meter, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following:

A. Non-acoustic data.

1. The type of noise source;

2. The location of the noise source relative to the complainant's property; and

3. The time period during which the noise source is considered by the complainant to be intrusive; and
B. Noise or acoustic data.

1. The total duration of the noise produced by the noise source;

2. The date and time of the noise measurement survey; and

3. The noise measurements.
(Prior code § 10-5.04)

6.16.050 Exterior noise limits.

A. Maximum permissible sound levels by receiving land use.

1. The noise standards for the various categories of land use identified by the noise control office as presented in Table 1 of this section, unless otherwise specifically indicated, shall apply to all such property within a designated zone.

2. No person shall operate, or cause to be operated, any source of sound at any location within the city, or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:
a. The noise standard for that land use as specified in Table 1 for a cumulative period of more than thirty (30) minutes in any hour; or 184
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b. The noise standard plus five dB for a cumulative period of more than fifteen (15) minutes in any hour; or
c. The noise standard plus ten (10) dB for a cumulative period of more than five minutes in any hour; or
d. The noise standard plus fifteen (15) dB for a cumulative period of more than one minute in any hour; or
e. The noise standard plus twenty (20) dB or the maximum measured ambient for any period of time.

3. If the measured ambient level exceeds that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be increased in five dB increments in each category as appropriate to encompass or reflect such ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

4. If the noise measurement occurs on a property adjacent to a zone boundary, the noise level limit applicable to the lower noise zone, plus five dB, shall apply.

5. If possible, the ambient noise shall be measured at a consistent location on the property with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise shall be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten (10) dB below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is five to ten (10) dB, then the level of the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

B. Corrections for character of sound. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, or hum, or contains music or speech conveying informational content, the standard limits set forth in Table 1 shall be reduced by five dB.

TABLE 1.

EXTERIOR NOISE LIMITS
(Levels not to be exceeded more than 30 minutes in any hour) Receiving Land Use Category Time Period Noise Level
(dBA)
All R1 Zoning Districts 10:00 p.m. — 7:00 a.m.
7:00 a.m. — 10:00 p.m.
45 55
All R3 and PCF Zoning Districts 10:00 p.m. — 7:00 a.m.
7:00 a.m. — 10:00 p.m.
50 55
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All OA Zoning Districts 10:00 p.m. — 7:00 a.m.
7:00 a.m. — 10:00 p.m.
55 60
All C Zoning Districts 10:000 p.m. — 7:00 a.m.
7:00 a.m.—10:00 p.m.
60 65
(Prior code § 10-5.05)

6.16.060 Interior noise standards.

A. Maximum permissible dwelling interior sound levels.

1. The interior noise standards for multi-family residential dwellings as presented in Table 2 of this section shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

2. No person shall operate, or cause to be operated, within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:
a. The noise standard as specified in Table 2 for a cumulative period of more than five minutes in any hour; or
b. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or
c. The noise standard plus ten (10) dB or the maximum measured ambient for any period of time.

3. If the measured ambient level exceeds that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be increased in five dB increments in each category as appropriate to reflect such ambient noise level.

B. Corrections for character of sound. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, or hum, or contains music or speech conveying informational content, the standard limits set forth in Table 2 shall be reduced by five dB.

TABLE 2.

INTERIOR NOISE STANDARDS
Noise Zone Type of Land Use Time Interval Allowable Interior Noise Level (dBA)
All R3
Zoning
Districts
Multi-Family
Residential
10:00 p.m. — 7:00
a.m.
7:00 a.m. — 10:00
p.m.
35 45
(Prior code § 10-5.06)
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6.16.070 Prohibited acts.

A. Noise disturbances prohibited. No person shall unnecessarily make or continue, or cause to be made or continued, any noise disturbance.

B. Specific prohibitions. The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:

1. Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:
a. Between the hours of 10:00 p.m. and 7:00 a.m. of the following day Monday through Friday or between 10:00 p.m. and 8:00 a.m. Saturday and Sunday in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Sections 6.16.050 or

6.16.060 of this chapter, except for activities for which a variance has been issued; or
b. In such a manner as to exceed the levels set forth for public space in Table 1, measured at a distance of at least fifty (50) feet (fifteen (15) meters) from such device operating on a public right-of-way or public space;

2. Loudspeakers (amplified sound).
a. Using or operating for any commercial purpose any loudspeaker, public address system, or similar device, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property line or at any time violates the provisions of Section

6.16.050 of this chapter; or
b. Using or operating for any noncommercial purpose any loudspeaker, public address system, or similar device, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or violates the provisions of Section

6.16.050 of this chapter;

3. Street sales. Offering for sale, selling anything, or advertising by shouting, outcry, or the use of a noise-making device within any residential or commercial area or noise sensitive zone of the city, except by variance issued by the noise control office. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverage at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events;

4. Animals and birds. Owning, possessing, or harboring any animal or bird which howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of ten (10) minutes or intermittently for one-half hour or more which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. For the purposes of this chapter, the animal or bird noise shall not be 187
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deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird;

5. Loading and unloading. Loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, or similar objects, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 6.16.050 of this chapter;

6. Construction and demolition.
a. i. Single-family zoning districts. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work on weekdays before 7:00 a.m. and after 5:30 p.m. and on Saturdays before 9:00 a.m. or after 3:00 p.m. or any time on Sundays or the city observed holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public utilities or by special exception. This section shall apply to operations on residentially zoned property only. This section shall not apply to the use of lawn or garden tools as specified in subsection (B)(11) of this section;
ii. All other zoning districts. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work on weekdays before 7:00 a.m. and after 7:00 p.m. and Saturdays before 9:00 a.m. or after 6:00 p.m. or any time on Sundays or the city observed holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by special exception. This section shall apply to operations on properties other than residentially zoned property. This section shall not apply to the use of lawn or garden tools as specified in subsection (B)(11) of this section; b. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedules:
i. Mobile equipment. Maximum noise levels for the nonscheduled, intermittent, short-term operation (less than ten (10) days) of mobile equipment:

TABLE 3.

All R1 Zoning
Districts
All PCF and R3
Zoning Districts
All OA and C
Zoning Districts
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Daily, except
Sundays and legal
holidays 7:00 a.m. —
7:00 p.m.
75 dBA 80 dBA 85 dBA
Daily, 7:00 p.m. —
7:00 a.m. and all day
Sundays and legal
holidays
50 dBA 55 dBA 60 dBA
ii. Stationary equipment. Maximum noise levels for the respectively scheduled and relatively long-term operation (periods of ten (10) days or more) of stationary equipment:

TABLE 4.

All R1 Zoning
Districts
All PCF and R3
Zoning Districts
All OA and C Zoning
Districts
Daily, except
Sundays and legal
holidays 7:00 a.m. —
7:00 p.m.
75 dBA 80 dBA 85 dBA
Daily, 7:00 p.m. —
7:00 a.m. and all day
Sundays and legal
holidays
50 dBA 55 dBA 60 dBA
c. Deliveries, start-up and closing down. The construction times above shall apply to deliveries of materials and equipment, and arrival of workers, start-up and closing down and departure activities on a job site.

7. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty (150) feet (forty-six (46) meters) from the source if on a public space or public right-of-way;

8. Powered model vehicles. Operating or permitting the operation of powered model vehicles:
a. Between the hours of 7:00 p.m. and 7:00 a.m. of the following day so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 6.16.050 of this chapter; or b. In such a manner as to exceed the levels set forth for public space land use in Table 1, measured at a distance not less than one hundred (100) feet (thirty (30) meters) from any point on the path of a vehicle operating on a public space or public right-of-way;
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9. Emergency signaling devices.
a. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (b) of this subsection;
b. The testing of emergency signaling devices shall be restricted as follows:
i. The testing of a stationary emergency signaling device shall not occur before 8:00 a.m. or after 7:00 p.m.. Any such testing shall use only the maximum cycle test time. In no case shall such test time exceed sixty (60) seconds; and ii. The testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device shall not occur more than once in each calendar month.

Such testing shall not occur before 8:00 a.m. or after 10:00 p.m.. The time limit specified in subsection (i) of this subsection shall not apply to such complete system testing; and
c. The sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is terminated within fifteen (15) minutes of activation and no more than two false activations within a four hour period;

10. Noise sensitive zones.
a. Creating or causing the creation of any sound within any noise sensitive zone so as to exceed the specified land use noise standards set forth in Sections 6.16.050 and 6.16.060 of this chapter provided conspicuous signs are displayed indicating the presence of the zone; or
b. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, or other designated area, so as to interfere with the functions of such activity or annoy the occupants in the activity, provided conspicuous signs are displayed indicating the presence of the zone;

11. Lawn or garden tools.
a. Operating or permitting the operation of any lawn or garden tool (except portable gasoline engine powered blowers), or similar tool between 8:00 p.m. and 8:00 a.m. of the following day Monday through Friday or between 6:00 p.m. and 9:00 a.m. of the following Saturday and Sunday; and portable electric powered blowers used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, landscape areas or other surfaces between 5:00 p.m. and 9:00 a.m. seven days a week, so as to create a noise disturbance across a residential or commercial real property line. This section shall apply to operations on residentially zoned property only;
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b. Where technically and economically feasible, any motor, machinery, or pump shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 6.16.050 of this chapter;

12. Air-conditioning or air-handling equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels without a variance:

TABLE 6.

Measurement Location 93-PUD/R-1 zoned properties
at Chester Circle* dB(A)
All other residentially
zoned properties dB(A)
Any point on a neighboring
property line, five feet above
grade level, no closer than
three feet from any wall
No standard 50
Center of a neighboring patio,
five feet above grade level,
no closer than three feet from
any wall
45 45
Outside the neighboring
living area window nearest
the equipment location, not
more than three feet from the
window opening, but at least
three feet from any other
surface
55 45
* The standards set forth for all residential properties shall be utilized when a 93-PUD/R-1 zoned property adjoins a neighboring property outside of the 93-PUD/R-1 zone.

13. Swimming pool motors and equipment. Operating or permitting the operation of any swimming pool motor or swimming pool equipment, such that the sound therefrom creates a noise disturbance across a residential real property line or at any time violates the provisions of Section 6.16.050 of this chapter. Where such equipment exceeds 45 dBA at its maximum use, such equipment shall be enclosed in a noise attenuating structure;

14. Helicopters. Operating or permitting to be operated any helicopter which violates the nighttime provisions of Section 6.16.050 of this chapter or which causes a noise that exceeds eighty (80) dBA during the day in residential or commercial areas without a variance. Military and government operated helicopters shall be exempted from the provisions of this subsection; and

15. Portable gasoline powered blowers.
a. Definition. Portable gasoline-powered leaf blowers are defined as portable power equipment that is powered by a self contained fuel engine and used in any 191
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landscape, maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris. b. Gasoline-powered blowers prohibited. Use or operation of portable gasolinepowered leaf blowers within the city for any purpose except testing noise levels is unlawful and shall constitute an infraction, punishable as provided by law. (Ord. 07-314 § 1; Ord. 01-398 § 1; Ord. 01-396 § 1; Ord. 00-391 §§ 2—4; prior code § 10-5.07)

6.16.080 Motor vehicle noise limits.

A. Motor vehicles. It shall be the policy of the city to enforce those sections of the Vehicle Code of the state regarding motor vehicle noise limits and equipment violations which create noise problems, motor vehicle horns, sound levels emitted from off-highway vehicles operating off the public right-of-way, and the successors thereof.

B. Refuse collection vehicles.

1. No person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. of the following day in a residential area.

2. No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or compacting equipment or similar device in any manner so as to create any noise exceeding federal standards.

C. Vehicle, motorboat, and aircraft repairs and testing. No person shall repair, rebuild, modify, or test any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line or at any time to violate the provisions of Section 6.16.050 of this chapter.

D. Standing motor vehicle. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such vehicle, for a period longer than fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within one hundred fifty (150) feet (forty-six (46) meters) of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

E. Motorized recreational vehicles operating off public rights-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 6.16.050 of this chapter. This subsection shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go carts, amphibious craft, campers, and dune buggies, but not including motorboats.
(Prior code § 10-5.08)
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6.16.090 Special exemptions.

A. Emergency exceptions. The provisions of this chapter shall not apply to:

1. The emission of sound for the purpose of alerting persons to the existence of any emergency; or

2. The emission of sound in the performance of emergency work.

B. Warning devices. Warning devices necessary for the protection of the public safety, as, for example, police, fire, and ambulance sirens and train horns, shall be exempted from the provisions of this chapter.

C. Outdoor activities. The provisions of this chapter shall not apply to occasional public outdoor gatherings, public dances, shows, and sporting and entertainment events provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of such events.

D. Exemptions from exterior noise standards. The provisions of Section 6.16.050 of this chapter shall not apply to activities covered by the following provisions of this chapter:

1. Subsection (3) of subsection (B) of Section 6.16.070 relating to street sales;

2. Subsection (4) of subsection (B) of Section 6.16.070 relating to animals and birds;

3. Subsection (6) of subsection (B) of Section 6.16.070 relating to construction and demolition;

4. Subsection (9) of subsection (B) of Section 6.16.070 relating to emergency signaling devices;

5. Subsection (a) of subsection (11) of subsection (B) of Section 6.16.070 relating to domestic power tools;

6. Subsection (12) of subsection (B) of Section 6.16.070 relating to air-conditioning or air-handling equipment;

7. Subsection (A) of Section 6.16.080 relating to motor vehicles; and

8. Subsection (B) of Section 6.16.080 relating to refuse collection vehicles.

E. Federal or state preempted activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal laws.

F. Special condition permits. Notwithstanding any provision of this chapter, the NCO may grant special condition permits for a period not exceeding three days when the general purpose and intent of this chapter can be carried out by the granting of the special condition permit. Such special condition permits may be renewed for periods not exceeding three days at the discretion of the NCO.
(Prior code § 10-5.09)
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6.16.100 Variance permit procedure.

A. Purpose. The NCO is authorized to grant a variance from any provision of this chapter by a variance permit issued for a maximum of one year, except that any applicant may apply for renewal.

B. Applications and fees. Any person seeking a variance pursuant to this section shall file an application with the NCO. The NCO shall prescribe the form of the application and data to be filed with the application. The application shall be accompanied by a fee in the amount of seventy-five dollars ($75.00). A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application.

C. Time and place of hearings. Upon the filing of a sufficient and proper application and the payment of the filing fee, the NCO shall fix a time and place for a public hearing.

D. Notices of hearings. The NCO shall cause notice to be published in a newspaper of general circulation not less than ten (10) days nor more than thirty (30) days prior to the date of such hearing. Within the same time period, notices (to be supplied by the applicant) shall be mailed to the recorded legal owners of all properties within three hundred (300) feet of the boundaries of the site at the address shown on the last equalized assessment roll.

E. Conditions. In approving a variance permit, the NCO may include such conditions as it deems reasonable and necessary under the circumstances to protect the public health, safety, and welfare from adverse effects caused by the noise emanating therefrom.

F. Findings and decisions. In considering the variance as applied for, the NCO shall make the following findings:

1. That the use involved with the noise source is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare;

2. That the granting of the variance will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons living or working in the vicinity;

3. That there are exceptional or extraordinary circumstances or conditions applying to the property involved or to the use of the property which do not generally apply to other properties or uses in the same district; and

4. That because of such exceptional or extraordinary circumstances or conditions, the strict or literal enforcement of the specified provisions of this chapter would result in practical or economical difficulties.

Based on these findings, the NCO may approve, disapprove, or conditionally approve the variance application. No decision of the NCO shall become final upon an application for a variance permit until the time in which an appeal may be filed with the council has lapsed without an appeal having been filed.

G. Appeals to the council.
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(Supp. No. 40, Update 1)

1. Any person dissatisfied with the decision of the NCO may file an appeal with the clerk of the council within fifteen (15) calendar days after the decision. The NCO shall transmit to the council all maps, records, papers, and files which constitute the records in the action from which the appeal was taken. At the time of the filing of the appeal, the appellant shall pay a filing fee of eighteen dollars and seventy-five cents ($18.75) to the clerk of the council.

2. The clerk of the council, within thirty (30) days after the filing of the appeal, shall set the time and place for the appeal to be heard by the council and shall cause notice of such hearing in the same manner as set forth in subsection D of this section. The council shall hear the matter de novo and may approve, disapprove, or conditionally approve the application. The decision of the council shall be final.

H. Revocation of variances.

1. The NCO or council on its own motion may hold a hearing for modifying or revoking any permit or variance which has been granted by it pursuant to the provisions of this chapter. Public hearings shall be held and notice given in accordance with subsection D of this section. Written notice of the hearing shall also be served upon any person making use of or relying upon any permit or variance to be modified or revoked not less than ten (10) days prior to the date of such hearing.

2. After a public hearing, the NCO or council may revoke or modify a permit or variance on one or more of the following grounds:
a. That such approval was obtained by fraud; or
b. That any person making use of or relying upon the permit or variance is violating or has violated any condition of such permit or variance or that the use for which the permit or variance was granted is being, or has been, exercised contrary to the terms or conditions of such approval; or
c. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety or so as to be a nuisance. (Prior code § 10-5.10)

6.16.110 Time to comply.

A. Commercial/office operations. Those commercial and office operations in existence prior to September 25, 1979, shall be granted a one-year period from September 25, 1979, within which to comply with the provisions of this chapter.

1. During such one-year period, all such facilities shall make reasonable efforts to be in compliance and to reduce noise which exceeds the standards specified in this chapter.

Commencing at the end of one year after September 25, 1979, any such facility shall be subject to all the applicable requirements of this chapter.

2. If any facility which is not in compliance by the end of such one-year period applies for a variance pursuant to Section 6.16.100 of this chapter, in deciding whether to grant 195
Agenda Item # 18.

Created: 2023-05-16 13:57:54 [EST]
(Supp. No. 40, Update 1)

a variance, the NCO shall take into account the extent to which the applicant has endeavored to reduce noise during such one-year period to meet the standards specified in this chapter.

3. This section shall apply only to commercial and office facilities already in existence or for which the work of improvement had commenced prior to September 25, 1979.

4. As used in this section "office facility" shall mean any building, structure, or premises, or portion thereof, used for administrative, professional, or service purposes, and "commercial facility" shall mean any building, structure, or premises, or portion thereof, used for wholesale or retail commercial purposes.

B. Other operations. Except as provided in subsection A of this section, all operations in existence prior to September 25, 1979, shall have one hundred twenty (120) days to comply with the provisions of this chapter or apply for a variance. (Prior code § 10-5.11)

6.16.120 Enforcement.

A. Prima facie violations. Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 6.16.050 and 6.16.060 of this chapter or the prohibited actions as specified in Section 6.16.070 of this chapter shall be deemed to be prima facie evidence of a violation of this chapter.

B. Notices of violations. Upon the receipt of a complaint from any person, the NCO or duly authorized representative may investigate and assess whether the alleged noise levels violate this chapter. If the investigator has reason to believe that any provision of this chapter has been violated, he may cause written notice to be served upon the alleged violator. Such notice shall specify the provision of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and may include an order that corrective action be taken within a specified time.
(Prior code § 10-5.12)
196
Agenda Item # 18.

APPENDIX B
AMENDMENTS TO CHAPTER 11.15
Section 11.15.010 – Purpose
The purpose of this Chapter is to establish standards to protect the natural environment, increase sustainability efforts, reduce greenhouse gas emissions, further enforce the city’s noise ordinance, and improve the overall quality of life within the City of Los Altos.

Section 11.15.020 – Definitions
“Leaf Blower” or “Leaf Blowers” means any portable, hand-held or backpack, air blowing machine that uses a concentrated stream of air to push, propel, or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste, or debris. “Gas Powered” means any portable power equipment that is powered by a self-contained fuel engine.

Section 11.15.030 – Prohibition of Gas-Powered Leaf Blowers The use or operation of any Leaf Blower powered by a combustion or gas engine shall be prohibited.

Section 11.15.040 – Use of Electric-Powered Leaf Blowers A. Leaf Blowers powered by line current (plug-in) or by battery may be used in the City of Los Altos subject to the provisions of this Chapter.

B. Permitted hours of operation by any person(s) shall be as follows:
i. 7:00 a.m. to 7:00 p.m., Monday through Saturday.
ii. 10:00 a.m. to 7:00 p.m., on Sundays.

C. No person(s) shall operate a leaf blower on federally recognized holidays.

D. Operation of a leaf blower shall not deposit dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris into a street, sidewalk, gutter, or storm drain.

Section 11.15.050 – Authority and Enforcement
A. Authority and enforcement of this chapter shall be enforcement as prescribed in Title 1 of the Los Altos Municipal Code.

B. Each violation of this chapter shall be considered a separate offense. i. First Violation shall result in a written warning.
ii. Second Violation shall result in an infraction of one hundred dollars ($100.00).
iii. Third Violation shall result in an infraction of two hundred dollars ($200.00). iv. Fourth Violation and subsequent shall result in an infraction of five hundred dollars ($500.00).

Section 11.15.060 – Assignment of Responsible Party and Liability 197
Agenda Item # 18.

A. The responsible party assigned liability for the operation and use of a gas-powered leaf blower shall be the recorded property owner of the site where the violation has occurred.
i. When a violation has occurred that results in the issuance of an administrative citation, the citation will be mailed to the property address where the violation occurred and if different the property owners address as provided on the Santa Clara County tax roll.

Section 11.15.070 – No Conflict with Federal or State law Nothing in this chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulation.

Section 11.15.080 – Severability
If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase, and portion of this Ordinance irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional to this end, the provisions of this Ordinance are declared severable. 198
Agenda Item # 18.

CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 9, 2023
7:00 p.m.
1 N. San Antonio Rd.~ Los Altos, CA
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Neysa Fligor, Councilmember
Lynette lee Eng, Councilmember
CALL MEETING TO ORDER: Mayor Meadows called the meeting to order at 7: 19 p.m.

ESTABLISH QUORUM:

All Councilmembers were present and in person during the meeting.

PLEDGE ALLEGIANCE TO THE FLAG:

Mayor Meadows led the Pledge of Allegiance.

REPORT ON CLOSED SESSION:

There were no Closed Session meetings held and no reportable actions.

CHANGES TO THE ORDER OF THE AGENDA:

There were no changes to the order of the agenda.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

There were no speakers during public comment.

SPECIAL ITEMS:
a. Recognize May as Asian American and Pacific Islander (AAPI) Heritage Month Mayor Meadows presented a proclamation recognizing May as Asian American and Pacific Islander (AAPI) Heritage Month.
b. Recognize May as Affordable Housing Month
Mayor Meadows presented a proclamation recognizing May as Affordable Housing Month to Cory Wolbach, Community Engagement Senior Associate with Silicon Valley at Home.

CONSENT CALENDAR
Councilmember Lee Eng pulled Item 6 "Appropriate funding from the General Fund for environmental review for Halsey House; authorize the City Manager to execute agreement with consultant; find that the Council's action in making the appropriation is exempt from review under CEQA per CEQA Guidelines Section 15262" for further discussion. Mayor Meadows moved Item 6 of the Consent Calendar to the Discussion Item (Item 8) section of the agenda.

Motion by Weinberg and Seconded by Dailey to approve Items 1 - 5 of the Consent Calendar.

Motion carried unanimously by roll call vote.

1. Approve Draft Meeting Minutes for the Special and Regular City Council Meetings of April 25, 2023
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City of Los Altos
City Council Regular Meeting Minutes
May 9, 2023

2. Authorize the City Manager to Execute the Subdivision Improvement Agreement and Move to Approve the Final Map for Tract Map #10576, 140 Lyell St (V. Chen)

3. Adopting a Resolution authorizing the increase of Solid Waste Collection Rates by 5.96% effective July 1, 2023; consider California Environmental Quality Act ("CEQA") exemption finding pursuant to CEQA Guidelines Section 15273(a) (A. Fairman)

4. Award the construction contract for the Base Bid for the City Hall Permit Counter to SAE Consulting Engineering as the lowest responsive bidder submitting a bid in an amount not-to-exceed $178,000 and approve the City Manager the authority up to 10% construction contingency, if needed, in the amount not-to-exceed $17,800 (N. Zornes)

5. Adopt Zoning Ordinance and Text Amendments adding bicycle parking regulations to the Los Altos Municipal Code. The proposed amendments are exempt from environmental review pursuant to Section 1506l(b)(3) (Commonsense Exemption) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. (N. Zornes)

DISCUSSION ITEMS

6. Provide Staff with direction on desired amendments to the Los Altos Municipal Code with regards to Gas Powered Leaf Blower Enforcement (N. Zornes) Nick Zornes, Development Services Director, presented the report.

The following members of the public spoke regarding the item:
• Rita Cartalano • Jim Davidson
• Elaine Haight • Maureen Griffin
• Thomas Chapman • Roberta Phillips
• Stephen Cramer • Don Gardner
• Linda Ziff • Myra Orta
• Tami Mulcahy • Joe Beninato
• Garry Hedden • Liz
The City Council provided the following direction:
• Assign liability to the property owner.
• Do not modify the Municipal Code to authorize immediate issuance of citation, and stick to the existing citation schedule.
• Create a standalone chapter in the Municipal Code, including AB 1346 language. • Educate the property owner, as well as the gardeners of the ordinance, if possible.

Discussion item only. No motion taken.

The City Council took a recess at 9: 16 p.m.

The City Council reconvened at 9:29 p.m.

7. Approve a one-year pilot program for the purchase and installation of 15 Automated License Plate Reader (ALPR) cameras (A. A veriett)
200
Agenda Item # 18.

City of Los Altos
City Council Regular Meeting Minutes
May 9, 2023

Vice Mayor Weinberg recused himself from discussing or voting on this item due to a potential conflict of interest.

Gabriel Engeland, City Manager and Angela A veriett, Police Chief, presented the report.

Jeff Rosen, Santa Clara District Attorney, provided comments regarding the item.

The following members of the public spoke regarding the item:
• Nadim Maluf • Stacy
• Renee Rashid • Toni Moos
• Jeanine Valadez • Brian Jones
• Kenan Moos • Roberta Phillips
• Curtis Cole • Maureen Griffin
• Tami Mulcahy
Motion by Meadows and Seconded by Lee Eng to approve a one-year pilot program for the purchase and installation of 15 Automated License Plate Reader (ALPR) cameras, contingent upon updating the policy, and a proposal to have Councilmember Fligor to work with the Police Chief on creating edits to the policy. Motion carried 4-0-1 by roll call vote with Vice Mayor Weinberg recused.

8. Appropriate funding from the General Fund for environmental review for Halsey House; authorize the City Manager to execute agreement with consultant; find that the Council's action in making the appropriation is exempt from review under CEQA per CEQA Guidelines Section 15262 (A. Fairman)
Councilmember Lee Eng explained why she pulled the item for discussion.

There were no public speakers for this item.

Motion by Weinberg and Seconded by Fligor to appropriate funding from the General Fund for environmental review for Halsey House; authorize the City Manager to execute agreement with consultant; find that the Council's action in making the appropriation is exempt from review under CEQA per CEQA Guidelines Section 15262. Motion carried 4-1 by roll call vote with Councilmember Lee Eng opposed.

9. Discuss and Consider Taking Positions on Various Senate and Assembly Bills and a Potential Local Ballot Measure
Councilmember Fligor presented the item and explained that due to the late hour when the item was heard, a position on AB838 was needed and the other bills listed in the report could be heard at a future meeting.

Motion by Weinberg and Seconded by Meadows to authorize Mayor Sally Meadows to supply and sign a letter, as amended, in support of AB838. Motion carried unanimously by roll call vote.
201
Agenda Item # 18.

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City Council Regular Meeting Minutes
May 9, 2023

Motion by Weinberg and Seconded by Lee Eng to continue the remaining Senate and Assembly Bills to a future Council meeting date, date uncertain. Motion carried unanimously by roll call vote.

INFORMATIONAL ITEMS ONLY

10. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS • Vice Mayor Weinberg-Request for two future Council agenda items:
o Flag Raising: LGBTQ flag during the first week in June and a Juneteenth flag during the third week in June (Councilmember Dailey second) o VT A Audit: Discussion for potential city comments on an upcoming audit of VT A. (Councilmember Dailey second)
• Councilmember Lee Eng-Request for two future Council agenda items:
o Council Priorities Discussion (No second)
o Neighborhood Watch Discussion (No second)
ADJOURNMENT-The meeting adjourned at 12:18 a.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of May 23, 2023.

Sally Mea'f ws
Mayor City Clerk
::::::---,,,
202
Agenda Item # 18.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: May 9, 2023
Subject: Gas Powered Leaf Blower Enforcement
Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Initiated by:

City Council.

Fiscal Impact:

None.

Policy Question(s) for Council Consideration:
 Does the City Council wish to change the citation criteria for Gas Powered Leaf Blower violations?
 Does the City Council wish to modify the administrative citation amount for municipal code violations?
 Does the City Council wish to direct staff to draft an ordinance consistent with a proactive enforcement approach?
Staff Recommendation:

Provide staff with direction regarding the Enforcement of Gas-Powered Leaf Blowers. 203
Agenda Item # 18.

Subject: Gas Powered Leaf Blower Enforcement
May 9, 2023 Page 2
Background
Gas-powered leaf blowers pollute the air, pose health risks to operators and residents, and generate noise which temporarily disrupts neighborhoods throughout Los Altos.

The City of Los Altos has banned the use of gas-powered leaf blowers since 1991 (32-years ago). The city’s ban on gas-powered leaf blowers was last reviewed in early 2011 to determine if restrictions could be lessened to accommodate the landscaping industry or those persons already owning gaspowered blowers. At that time the City Council chose not to amend the ordinance or its process for enforcement of gas-powered leaf blowers. Again in 2017, the City Council review the gas-powered leaf blower ban for its effectiveness, and at that time no further action was taken to modify the City’s practices.

Analysis
History
Prior to banning gas powered blowers, the City Council adopted an interim ordinance that allowed gas blowers that operate at 75 dBA when measured at 12.5 feet. The 12.5-foot distance was meant to represent the noise heard on the receiving property from the use of a blower on a neighboring property. A permitting system was developed to license acceptable units. The proposed licensing system was time intensive, difficult to administer and ineffective. A fee was collected to recover the cost of staff time involved. During the time the interim ordinance was in place it appeared that relatively few blowers could achieve acceptable noise levels.

The prohibition on gas-powered leaf blowers in Los Altos went into effect in June 1991. Following the adoption of the ordinance prohibiting these devices, a citizen’s initiative was placed on the November 1991 ballot to allow the use of some gas-powered blowers. The initiative was rejected with

58.7% of voters opposed and 41.3% in favor.

In 2011, the City Council requested a staff report on the City's prohibition on the use of portable gasoline engine powered blowers, commonly referred to as leaf blowers. This report was received by Council, at which time, following public comments from three Los Altos residents opposing the elimination of the ban, Council requested that staff research how other cities were regulating these devices. The council also requested background information regarding a related voter initiative that was considered in 1991. The City Council considered this information on the February 8, 2011.

Following public comments from 13 Los Altos residents opposing the elimination of the ban and further Council discussion, a motion was made to direct staff to review the use of these devices in non-residential areas and public spaces and bring back ordinance amendments for review. On March 8, 2011, staff presented draft ordinance permitting gas-powered blowers in commercial districts and on private property. The draft ordinance would continue to prohibit gas-powered blowers in 204
Agenda Item # 18.

Subject: Gas Powered Leaf Blower Enforcement
May 9, 2023 Page 3
residential districts and at private schools, religious facilities, and other similar community facilities.

Following public comments from ten Los Altos residents opposing the elimination of the ban and Council discussion, a motion was made to take no further action. The motion passed unanimously.

Existing Ordinance
Los Altos Municipal Code Section 6.16.070

15. Portable gasoline powered blowers.
a. Definition. Portable gasoline-powered leaf blowers are defined as portable power equipment that is powered by a self-contained fuel engine and used in any landscape, maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris.
b. Gasoline-powered blowers prohibited. Use or operation of portable gasoline powered leaf blowers within the city for any purpose except testing noise levels is unlawful and shall constitute an infraction, punishable as provided by law.

Enforcement
When a community member reports an alleged violation to the City, City staff, typically the Code Enforcement Officer, responds to the reported violation to investigate. Law requires the Code Enforcement Officer to personally witness the Municipal Code violation to enforce the regulation. If the Code Enforcement Officer witnesses the violation, they use discretion to determine the appropriate enforcement action. Enforcement can range from a verbal warning with a handout of educational material on the Municipal Code or the issuance of a citation. The fine accompanying a citation is $100 for the first offense, $200 for the second offense, and $500 for the third offense.

Oftentimes, when a Code Enforcement Officer arrives at the scene of the violation, the operator is gone or no longer using the device. This is often the circumstance since leaf blowers are utilized at the end of landscaping work to clean up debris. If the operator is still on-scene but is not using the device, the Code Enforcement Officer can take the opportunity to educate the subject about the ban.

Discussion
Enforcing the City’s ban has been problematic for a number of reasons, including high mobility and short duration of leaf blowers, limited code enforcement resources to follow up on complaints or pursue proactive enforcement, local regulatory challenges that require advanced notice or warning letters prior to citing a violator, and low penalty fees to violators if cited.

Increasingly, residents have grown frustrated by the lack of effective enforcement of gas-powered leaf blowers in residential areas. The city receives approximately 20-30 complaints regarding gas powered leaf blower violations each month.
205
Agenda Item # 18.

Subject: Gas Powered Leaf Blower Enforcement
May 9, 2023 Page 4
In addition to the challenges listed previously, even when a citation is issued the City has seen very few fines resolved. Lack of citation resolution is largely due to landscape operators not having a business license within the City of Los Altos and not being residents so enforcement of the payment of fines is problematic.

City staff has met with several residents and interested groups that are requesting increased enforcement of the gas-powered ban. Staff has been requested to look at what neighboring agencies are doing to address this issue and report back to the City Council to potentially modify the local regulations to further support enforcement efforts.

Considerations
As a result of staff’s research, the following amendments to the Los Altos Municipal Code could be considered:

1. Modify the Municipal Code to clarify and assert the City’s ability to assign property owner liability for knowingly hiring or allowing a person to use a gas-powered leaf blower on their residentially zoned property.

2. Modify the Municipal Code to authorize the enforcement of the gas-powered leaf blower ban by issuance of a citation at the first sighting. This will allow the City to proceed with enforcement action immediately thus obtaining code compliance.

3. Update the City’s Administrative Citation schedule. Existing citation schedule is $100 on the first offense, $200 for second offense and $500 for the third offense.

4. Create a standalone chapter within the Los Altos Municipal Code for the prohibition of gaspowered leaf blowers.

5. Integrate all provisions Assembly Bill 1346, and subsequent actions taken by the California Air Resources Board (CARB) which effectively prohibits the sale of gas-powered lawn care equipment by January 1, 2024.

Recommendation
Provide staff with direction on desired amendments to the Los Altos Municipal Code. 206
Agenda Item # 18.

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]
207
Agenda Item # 18.

From: Jim Fenton
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 17 - June 27, 2023
Date: Thursday, June 22, 2023 4:50:48 PM
The proposed ordinance appears to create a conflict between the allowed operation hours for electric leaf blowers in two sections of the Municipal Code.

The existing section 6.16.070 “Prohibited Acts” item 11 includes:
and portable electric powered blowers used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, landscape areas or other surfaces between 5:00 p.m. and 9:00 a.m. seven days a week, so as to create a noise disturbance across a residential or commercial real property line.

While the new section 11.15.040 “Use of Electric-Powered Leaf Blowers” item B says:

B. Permitted hours of operation by any person(s) shall be as follows:
i. 7:00 a.m. to 7:00 p.m., Monday through Saturday.
ii. 10:00 a.m. to 7:00 p.m., on Sundays.

C. No person(s) shall operate a leaf blower on federally recognized holidays.

Of course the former section is only effective in the event a noise disturbance is created, but the inconsistency in hours is likely to cause confusion.

It might also be helpful to take this opportunity to update the holidays listed in other parts of 6.16.020 and 6.16.070 to current federally recognized holidays, or to use the term “federally recognized holidays” as the new section does. -Jim Fenton
208
Agenda Item # 18.

From: Anne Dumontier
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #18 - MEETING DATE Tues., June 27 Date: Sunday, June 25, 2023 4:44:52 PM
Hello
in Agenda Item # 18 (gas operated leaf blowers that pollute our environment).

AMENDMENTS TO CHAPTER 11.15 page 175-76
I strongly advocate for:

The responsible party assigned liability for the operation and use of a gas-powered leaf blower shall be the recorded property owner of the site where the violation has occurred.

I suggest that after the first warning, the first violation be $150, second $500, third $1500, fourth $3000.

It is necessary to put in action the new ordinance right away.

Thank you
Anne Dumontier
209
Agenda Item # 18.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject: Introduce and waive further reading of Mechanical Equipment Ordinance Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Initiated by:

City Council.

Environmental Review:

Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.

Fiscal Impact:

None.

Attachments:

1. Draft Ordinance with Appendices

2. Example Ordinance Language
Summary:

The draft ordinance proposed accomplishes the goal of eliminating or reducing future noise violations created by mechanical equipment in the side yard setbacks of properties within the City of Los Altos. The proposed ordinance was drafted based upon research conducted by evaluating how other Santa Clara County jurisdictions enforce setback requirements for noise generating mechanical equipment.

Staff Recommendation:

Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.14 Mechanical Equipment to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970.
210
Agenda Item # 19.

Subject: Mechanical Equipment Ordinance
June 27, 2023 Page 2
Background
In May 2022, the City Council requested that staff bring back an ordinance to address noise concerns from mechanical equipment in the side yard setbacks of properties throughout the city.

City staff researched what other cities throughout Santa Clara County have in place for mechanical equipment regulations.

Presently, there are no codified setback requirements for mechanical equipment such as air conditioning units within the Los Altos Municipal Code. For several years the City’s Planning Division has “estimated” setback requirements based on internet-based data in an effort to demonstrate compliance of air conditioning units pursuant to the noise limits set in Chapter 6.16 of the Los Altos Municipal Code. The City’s reliance on non-codified setbacks has proven to be ineffective as noise violations still are present regardless of meeting the “estimated” setback requirements to meet compliance with the Noise Ordinance.

Analysis
Mechanical equipment regulations differ greatly from jurisdiction to jurisdiction. However, it is most common that there is a prescribed minimum standard codified into each municipal code.

A sample of mechanical equipment regulations from other Santa Clara County jurisdictions (Attachment 2) shows the wide variety of regulations. Mechanical equipment regulations has a wide range of applications from no setback requirements, to completely prohibited within the required setbacks.

Discussion
The draft ordinance provides standards for mechanical equipment for the Los Altos Municipal Code. Standards include a general definition which encompasses all noise generating mechanical equipment which the planning division has encountered requiring some sort of noise enforcement.

The setback requirement for any newly installed mechanical requirement as defined shall adhere to the underlying zoning district. When roof mounted equipment is proposed requirements have been integrated to ensure they are architecturally compatible with the structure in which it is affixed. The proposed ordinance will provide that mechanical equipment installations conform with the noise requirements of the Los Altos Municipal Code. 211
Agenda Item # 19.
1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 11.14 TO TITLE 11 MISCELLANEOUS PROPERTY REGULATIONS OF

THE LOS ALTOS MUNICIPAL CODE ENACTING REGULATIONS FOR

MECHANICAL EQUIPMENT
WHEREAS, the City Council requested that staff bring back an ordinance amending the City’s Noise Ordinance to further refine regulations regarding mechanical equipment on private property; and
WHEREAS, the amendments are in the best interest for the protection or promotion of the comfort and convenience of the residents of the City of Los Altos because they clarify and improve the standard requirements for mechanical equipment applicable to all properties or parcels throughout the City; and
WHEREAS, the amendments was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on June 27, 2023, and July 11, 2023; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF TITLE 11 OF THE MUNICIPAL CODE. Chapter 11.14 are hereby added of the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.

SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.

SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on June 27, 2023, and was thereafter, at a regular meeting held on July 11, 2023, passed and adopted by the following vote:
212
Agenda Item # 19.
2 AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman MMC, City Clerk
213
Agenda Item # 19.

APPENDIX A
AMENDMENTS TO CHAPTER 11.14
214
Agenda Item # 19.
215
Agenda Item # 19.

APPENDIX A
AMENDMENTS TO CHAPTER 11.14
Chapter 11.14 – MECHANICAL EQUIPMENT
Section 11.14.010 – Purpose
A. The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for mechanical equipment on any property or parcel in the City of Los Altos. These regulations are intended to prescribe clear criteria for permitting, siting, and installation of all mechanical equipment and appurtenances.

Section 11.14.020 – Definition
“Mechanical Equipment” includes but is not limited to heating or air conditioning units, sump pumps, generators, and ventilation equipment and appurtenances.

Section 11.14.030 – Applicability
A. This chapter shall apply to all new mechanical equipment and appurtenances requiring a building permit.

B. Existing mechanical equipment and appurtenances that were lawfully permitted before the effective date of this chapter shall be deemed legal nonconforming. i. When existing mechanical equipment and appurtenances are voluntarily being eliminated or replaced, the new mechanical equipment shall comply with all provisions of this chapter.

Section 11.14.030 – General Standards
A. Any mechanical equipment and appurtenances which are higher than eighteen inches as measured from the surface immediately adjacent shall comply with the side and rear yard setbacks of the zoning district of the property where such equipment is located. i. No mechanical equipment and appurtenances shall be located closer than ten (10) feet from any property line when the required side and rear yard setbacks of the zoning district are zero feet or no setback requirements.

B. All mechanical equipment and appurtenances shall be screened from public view.

C. All mechanical equipment and appurtenances shall comply with the noise requirements set forth in Chapter 6.16.

Section 11.14.040 – Roof Mounted Equipment and Appurtenances A. All roof mounted equipment and appurtenances shall be shielded and architecturally screened from public view as visible from any property line of the subject site. i. All screening material shall be compatible with and integrated into the architectural design of the existing or proposed structure the equipment and appurtenances are immediately affixed to and shall be equal to or taller than the height of the equipment.
ii. Any noise generating roof mounted equipment and appurtenances shall be required to conduct a noise reading by a certified acoustical consultant and furnish a signed 216
Agenda Item # 19.
letter indicating compliance with the City of Los Altos Noise Ordinance, Chapter

6.16. 217
Agenda Item # 19.

EXAMPLE MECHANICAL EQUIPMENT REGULATIONS
Mountain View:

Mechanical equipment. Mechanical equipment, including, but not limited to, air conditioner units, can encroach into the required side or rear yard setback, but must be at least three (3) feet from the property line. No mechanical equipment can be located within the front yard setback or be visible from the public street. Mechanical equipment may be located in a street side yard setback, but must be within a fenced yard consistent with fence setback requirements and traffic safety visibility area(s).

Menlo Park:

Mechanical equipment, ground mounted: Mechanical equipment may be constructed with or subsequent to the construction of a single-family dwelling subject to the following requirements when ground mounted:
(i) The mechanical equipment shall be located in the rear half of the lot, except that equipment that is screened from view may be located in the front half of the lot subject to written approval of the owner(s) of contiguous property abutting the location of the equipment or a use permit in accordance with Chapter 16.82; (ii) The mechanical equipment shall be located a minimum of five feet (5’) from any property line;
(iii) The mechanical equipment shall not exceed fifty (50) dBA as measured at the nearest property line;
Sunnyvale:

Mechanical equipment, such as but not limited to heating or air conditioning units, shall not be located between the face of building and the street, and shall be screened from view. Any mechanical equipment which is higher than eighteen inches must meet the side and rear yard setbacks of the zoning district of the property where such equipment is located. All mechanical equipment shall comply with the noise requirements set forth in Section 19.42.030. (Ord. 2623-99 § 1; prior zoning code § 19.40.090).

Cupertino:
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code
Campbell:
218
Agenda Item # 19.

The standards contained in this section are designed to minimize the adverse visual impacts and operational effects of air conditioning units (including similar equipment such as generators, heating, and ventilation equipment) using appropriate design, siting, and screening techniques while providing for the personal needs of residents and local businesses.

A. Disturbance prohibited. Air conditioners and similar equipment shall not be located and operated in a manner that would negatively impact surrounding activities or uses.

B. Screened from public view. Roof- or ground-mounted air conditioning units and similar equipment shall be screened from public view. Acceptable screening methods include, but are not limited to, architectural elements, fences, and landscaping. Replacement of existing equipment shall trigger this requirement.

C. Setbacks. Air conditioning units and similar equipment shall be setback a minimum of three feet from any property line.
219
Agenda Item # 19.

ZONE FRONT

INTERIOR SIDE
(FIRST STORY) EXTERIOR SIDE REAR
R1-10 25 10 20 25
R1-H 30 20 25 50
R1-20 30 20 25 35
R1-40 50 30 30 50
R3-4.5 20 5 20 20
R3-5 40 15 25 30
R3-3 40 15 25 30
R3.1.8 20 7.5 15 25
R3-1 20 7.5 15 25
OA 18 10% OF WIDTH 10% OF WIDTH 10
OA 1 20 10% OF WIDTH 10% OF WIDTH 10
OA-4.5 10 10% OF WIDTH 10% OF WIDTH 10
CD/R3 2 0 0 2
CN 0 0 0 20
CD 2 0 0 0
CRS 0 0 0 0
CT 25 7.5 AVERAGE 15 AVERAGE 0
CRS/OAD 0 0 0 0
PCF 40 25 35 50
PCF/R1-10 25 10 20 25

MINIMUM SETBACK REQUIREMENTS
220
Agenda Item # 19.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Discuss and Consider Taking Positions on Various Senate and Assembly Bills Prepared by: Melissa Thurman, City Clerk
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Sample Support Letter for SB4 (Weiner)
Initiated by:

City Council (N. Fligor)
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Consider Taking Positions on the Following Items:
o AB1630 (Garcia) – Planning and zoning: housing development approvals: student housing projects
o AB1532 (Haney) – Office conversion projects
o SB4 (Weiner) – Planning and zoning: housing development: higher education institutions and religious institutions
o SB423 (Weiner) – Land use: streamlined housing approvals: multifamily housing developments
o AB519 (Schiavo) – Affordable Housing Finance Workgroup: affordable housing:
consolidated application process
o AB1490 (Lee) – Affordable housing development projects: adaptive reuse Staff Recommendation:

This is a Council initiated discussion item. Staff requests direction from the City Council. 221
Agenda Item # 20.

Letter Instructions:

Email your letter to: Tate Hanna, Legislative Aide, Sen. Wiener ([email protected]) and Cc: Abram Diaz, NPH Policy Director ([email protected])
And submit to: https://calegislation.lc.ca.gov/Advocates/ (note that your organization will need to create a free account)

PLACE ON LETTERHEAD
[Insert Date]
The Honorable Scott Wiener
California State Senate
1021 O Street, Suite 6630
Sacramento, CA 95814
Re: Senate Bill 4 - Affordable Housing on Faith Lands Act - Support Dear Senator Wiener,
On behalf of [Organization Name], we write in support of Senate Bill (SB) 4, the Affordable Housing on Faith Lands Act. This measure would make building affordable housing easier, faster, and cheaper on land owned by faith-based institutions and nonprofit colleges. [Include 1-2 sentences to briefly describe your organization: You may include how many people you serve and where, how many people you employ and where, etc.] Across California, faith-based organizations and non-profit colleges are seeking to partner with affordable housing developers to build critically needed affordable homes on their own land. These faith-based organizations are long-standing community anchors and are driven by their values to support those most in need and help address our homelessness crisis.

Per a study by the UC Berkeley Terner Center, there are approximately 38,800 acres of land— roughly the size of the city of Stockton—used for religious purposes and are potentially developable. A significant share of that acreage (45 percent) is located in the state’s “high” or “highest” resource opportunity areas, signaling an opportunity for building housing in neighborhoods with lower poverty rates and greater economic, educational, and environmental amenities.

Unfortunately, the land that these organizations hold can often be locked into complicated and cost-prohibitive local zoning rules and regulations. These can range from standards which allow only a few units to be built on large parcels to others which limit any housing construction at all.

The variety of red tape and obstacles in the way make development financially infeasible and discourage institutions from moving forward with projects that would benefit their low-income and unhoused neighbors.

A 2022 report from the California Department of Housing and Community Development found that we need to build 1.2 million affordable homes over the next decade to meet our housing goals.

Over the last few years, California has added an average of 19,000 affordable units a year. At this 222
Agenda Item # 20.

Letter Instructions:

Email your letter to: Tate Hanna, Legislative Aide, Sen. Wiener ([email protected]) and Cc: Abram Diaz, NPH Policy Director ([email protected])
And submit to: https://calegislation.lc.ca.gov/Advocates/ (note that your organization will need to create a free account)
pace we will not reach our state goals without increased streamlining for affordable housing production.

SB 4 will streamline the building process and offer new tools for neighborhood leaders to build safe, stable, affordable homes for local residents and families. This bill will allow places of worship to build 100% affordable housing projects, creating a valuable option in the midst of the state’s housing and homelessness crises. It also provides significant untapped benefits for faith-based organizations, from supporting an organization’s charitable mission to providing revenue that can stabilize the organization’s finances.

This is a common-sense opportunity for us to partner with trusted community leaders. The catastrophic tragedies we see on the street every day call for urgent and bold action and this bill will help us move forward. Thank you for your leadership on these critical housing and homelessness issues and for all these reasons, we support this bill.

Sincerely,
[Insert Your Full Name]
[Insert Your Title]
[Insert Your Organization’s Name]
223
Agenda Item # 20.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org June 14, 2022
The Honorable Scott Wiener
California State Senate
1021 O Street, Suite 8620
Sacramento, CA 95814
RE: SB 4 (Wiener) Affordable Housing on Faith and Higher Education Lands Act of 2023 (As amended 5/18/2023) Notice of Support if Amended
Dear Senator Wiener:

The League of California Cities (Cal Cities) writes to express a support if amended position on your measure SB 4, which would require local jurisdictions to approve 100% affordable housing development projects on land owned by mission driven religious institutions and independent institutions of higher education if the development satisfies specified criteria.

Housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people and housing is not being built fast enough to meet the current or projected needs of people living in the state. SB 4 could help spur much needed affordable housing construction by allowing religious institutions and nonprofit private colleges to build 100% affordable housing on infill sites they own prior to Jan. 1, 2024. These institutions must follow nearly all locally adopted objective development standards, including objective design review standards.

Cal Cities would be able to take a full support position on SB 4 if it is amended to allow local jurisdictions to continue to determine maximum building heights and parking requirements.

We all know that streamlining the housing approval process alone will not solve the housing crisis. That is why Cal Cities continues to call on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur affordable housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes.

Cal Cities looks forward to working with you and other stakeholders on legislative and budget proposals that will produce much needed housing.

Sincerely,
Jason Rhine
Assistant Director, Legislative Affairs
Cc: Members, Assembly Committee on Housing
224
Agenda Item # 20.
1 North San Antonio Road
Los Altos, California 94022-3087

M E M O R A N D U M
DATE: June 13, 2023
TO: City Council
FROM: City of Los Altos Executive Team
SUBJECT: CITY OF LOS ALTOS MARCH 14, 2023 STORM RESPONSE REPORT Response Details
The City of Los Altos experienced an extreme weather event on Tuesday, March 14, 2023. The impact of the heavy wind event caused a major power disruption city wide due to downed trees and power lines.

On March 14, 2023, the City of Los Altos was subjected to an unusual and unprecedented severe wind weather event. In anticipation of the event, City staff took an “all hands-on deck” approach in order to properly address the impacts of the storm.

On the day of the weather event, during the operational period of 10 am (the approximate start of the storm) through 11:59 pm, the City of Los Altos had the following personnel on duty to assist in the storm response:

Department Staff Members Normal Hours Overtime Hours Total Hours City Manager’s
Office
7 42 9 51
Police
Department
(Sworn, Dispatch,
Records, Traffic)
19 156 32 188
225
Agenda Item # 21.

Parks &
Recreation
11 66 35 101
Public Works 4 11 0 11
Sewer Services 4 20 10 30
Total 45 295 86 381
During the period of 8 am to 5 pm, the Police Records division received 187 storm related calls, almost four times the daily average of 40 calls. During the operational period of Tuesday, March 14th from 12:01 am through 11:59 pm, Police Dispatch received 362 phone calls (transferred and 911 calls), of which 204 were storm related calls for service (the daily average of phone calls into dispatch is 69).

The nature of the calls included traffic collisions, downed trees blocking roadways, trees on power lines, live wires down and trees on vehicles. The extent of the downed trees blocking roadways was extensive and affected many city streets and thoroughfares.

Early on during the wind event, power was disrupted citywide affecting land line and cell phone service as well. PG&E provided online updates regarding the outages and possible restoration timelines; however, it became increasingly difficult for Police personnel to contact PG&E representatives for real time updates as the storm progressed.

Maintenance Services personnel were only able to communicate via radio with each other and with police dispatch to coordinate responses.

Some residents were able to connect with Wi-Fi at Woodland Library and later outside the Police building, however, cell phone service was down for an extended period.

Traffic signals did not have back up power and were out citywide. Police and Fire personnel did not have adequate staffing to man the array of intersections where traffic signals were inoperable, while also responding to incoming emergency calls for service. As a result, cones, flares and eventually pop up stop signs were deployed by Police, Fire, Public Works, and Parks staff.

The Police building lost power and the backup generator failed to switch on initially. Maintenance Services personnel responded to the Police building to assist with the generator. The 911 system has a limited back up power source and it was within minutes of failing. In the event of catastrophic power failure, the 911 system would have been diverted to a neighboring police agency. This was avoided due to Maintenance Services personnel temporarily fixing the generator issue. 226
Agenda Item # 21.

While responding to a downed tree on a vehicle call, a police vehicle occupied by a police officer and three police trainees was hit by a falling tree. The officer was able to safely maneuver away from the tree and avoided serious injury. The police vehicle suffered minor damage.

Police personnel responded to two calls of trees on top of vehicles along Foothill Expressway, requiring one individual to be transported to the hospital via ambulance.

In addition, Police personnel responded to one call of a tree falling at Oak elementary school. A child suffered a minor facial laceration in that incident. The parents took custody of the child, who did not require medical attention.

Maintenance Services used all available heavy equipment to clear roadways affected by downed trees and other debris. One piece of equipment was briefly disabled when a tree branch punctured an oil hose. The hose was repaired the following day. In total, Maintenance Services personnel responded to 93 calls for service.

Power was out at the Blue Oak Lane pump station. The pump station had to be monitored around the clock. The following day, March 15, 2023, Peninsula Pump Repair responded to fix a defective relay switch. Power still had not been restored in the area, causing the pumps to work solely on generator power.

Development Services initially red tagged ten homes but after further inspection they were downgraded to yellow (restricted access) due to tree intrusions.

The City Manager’s Office fielded calls from concerned residents. The City Communications team sent alerts and information to residents days before the actual storm event to include messaging on the City Manager’s weekly update newsletter. Messaging by the communications team via social media and Nixle alerts continued through Friday, March 17, 2023.

The City of Los Altos’ response to the storm extended past Tuesday, March 14th, 2023. During the period of March 15th through March 17th, 2023, the day power was restored, city staff continued to respond to storm related incidents to include but not limited to the following:
 Police personnel continued to receive storm related calls for service regarding fallen trees, downed live power lines and inoperable traffic signals.  Calls were received regarding residents ignoring signs and barricades and accessing dangerous areas.
 Maintenance Services continued to respond to storm related issues and clean up around the city.
 Sewer services discovered sewer and storm drain manhole covers along Berry Ave had been mistakenly paved over by a contractor, rendering them inaccessible. 227
Agenda Item # 21.
 The Blue Oak pump station lost generator power necessitating the system to be vacuumed out with a Vac-Con truck. It was later discovered that the generator had run out of fuel, causing it to shut down.

Power was not restored city wide until Friday, March 17th, 2023.

Additionally, city staff reached out to PG&E on the storm-related outages and received the following information:
“In the South Bay & Central Coast region, PG&E had more than 1,500 coworkers and contractors managing restoration efforts for the 15 storms that occurred between New Years 2023 and March 2023.

Following outages in your community, our team conducted detailed, multi-outage reviews to assess common outage causes and find ways to reduce the impact on customer’s homes and their businesses.

Through this review process, we identified ways to improve reliability. In 2022, our team took the following actions to improve reliability in Los Altos:
 Tightening wire spans
 Adjusting equipment to resist high winds
 Strategized to reduce inspection and reactivation times  Adding sensors on lines”
Total City Property Damage
Below is the listing of all itemized property damage caused by this storm incident. The City has applied for FEMA reimbursement for these damages through Santa Clara County and are awaiting their response. FEMA conducted a site assessment inspection in April 2023 to confirm the damage.

Damage Address Estimated Dollar Loss
Police Cruiser Dodge Charger
Vehicle Repair
1 N San Antonio Road $270.79
Council Chambers
Audio/Visual Equipment
Replacement
1 N San Antonio Road $2,000-$3,000
Maintenance Service Center
Rear Gate Repair
707 Fremont Avenue $15,000-$18,000
Blach Gym Roof Repair 1120 Covington Road $6,000-$8,000 Youth Center Roof Repair 1 N San Antonio Road $400
McKenzie Park Tennis Court
Fence Replacement
707 Fremont Avenue $20,000-$27,000
Total $53,727.29
228
Agenda Item # 21.

Lessons Learned
 The City Emergency Operations Plan should be updated, including:
o Communications protocol, including a kickoff meeting at the beginning of the emergency event that includes all emergency response leads o Cellular, landline/Ring Central, and home phone numbers for all EOC staff o Debris Management Plan
 Residents did not know who was responsible for post-event debris on their properties. Some residents left debris on the curb for over a month  Los Altos’ poor cellular phone reception made it difficult to communicate with staff  Some key maintenance equipment is outdated and not reliable, including:
o Generators (e.g., during the January storm event, the MSC/EOC generator failed) o Backhoe
o Loader
 All City traffic signals went dark during the multi-day outage and makeshift STOP signs had to be assembled and mobilized at every intersection in Los Altos  Each building has a different generator system so ensuring that staff understands how they all function
Action Steps
 Set up group messaging platform for executive team for more immediate communication (Completed)
 Update the City Emergency Operations Plan and distribute to all staff (In Progress)  Train or re-train all staff on their roles and responsibilities in EOC response  Re-establish the use of the Motorola Radio System until cellular communications is more reliable in Los Altos
 Upgrade and replace equipment that is needed during typical emergency events as feasible  Install battery backup systems on City traffic signals as feasible 229
Agenda Item # 21.

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.

July 11, 2023
Closed Session – 6:00 p.m.

Regular Meeting – 7:00 p.m.

AGENDA TITLE: DEPARTMENT: PUBLIC
HEARING?:

CONSENT:

Adopt Leaf Blower Ordinance Dev. Svcs. No
Adopt Noise Ordinance Dev. Svcs. No
Commissioner Handbook CM No
Adopt a Resolution Approving Sanitary Sewer Video Inspection, Project WW-0101121 ESUD No Adopt a resolution to authorize the City Manager to execute Amendment No. 3 to the EOC Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners in an amount not to exceed $54,473 to evaluate an upsized generator sized for the whole Los Altos Community Center and some capacity for Los Altos Youth Center Office Conversion Project PW No
Adopt a resolution to authorize the City Manager to execute the First Amendment to the Agreement between the City of Los Altos and BKF Engineers to develop a streetscape concept plan for the southern segment of First Street, between Main Street and San Antonio Road PW No
Adopt a resolution to authorize the City Manager to execute an Agreement between the City of Los Altos and TRB + Associates to provide as-needed civil, grading, and drainage engineering services that encompass plan review and construction inspection for private developments in Los Altos
PW No
Adopt a resolution to authorize the City Manager to execute an Agreement between the City of Los Altos and Silicon Valley Clean Energy to accept a Community Resilience Program Grant PW No
DISCUSSION:

Café at the Community Center P&R No
School District Discussion – Allen Bill Council No
ALPR Policy PD No
230
Agenda Item # 22.

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.

AUGUST 22, 2023
Closed Session – TBD
Study Session –TBD
Regular Meeting – 7:00 p.m.

AGENDA TITLE: DEPARTMENT: PUBLIC
HEARING?
SPECIAL ITEMS:

MidPen Board Member Presentation
CONSENT:

Treasury Report Finance No
DISCUSSION:

History Museum Funding CM No
PUBLIC HEARINGS:

Remaining 2023 City Council agenda calendar items are pending and will be published at a later date. 231
Agenda Item # 22.

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 COMPLETED
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
Manager March 31, 2023 BUDGET DEPENDENT
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 RFP RELEASED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 DEVELOPING RFP Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024

RFP CLOSED - UNDER
REVIEW
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 ONGOING 232
Agenda Item # 22.

Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED Program 3.K: Standardize multimodal transportation
requirements.

Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.

Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
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
233
Agenda Item # 22.

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
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. December 31, 2024 RFP RELEASED 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 234
Agenda Item # 22.

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
235
Agenda Item # 22.

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 236
Agenda Item # 22.
1 North San Antonio Road
Los Altos, California 94022-3087

M E M O R A N D U M
DATE: 6/27/23
TO: Councilmembers
FROM: City Manager’s Office
SUBJECT: COUNCIL Q&A FOR June 27th, 2023, CITY COUNCIL REGULAR MEETING Agenda Item 2 (Minutes)

1. Page 3 of 6, Item 9, the name of who made the Second to VM Weinberg’s motion on the Grant Park resolution needs to be added.

Answer: Minutes have been edited.

2. Page 5 of 6, Item 2, the name of who made the Second to VM Weinberg’s motion needs to be added.

Answer: Minutes have been edited.

Agenda Item 4 (Sanitary Sewer Rates)

1. Could you please confirm that staff has reviewed the sanitary rate increases and numbers for accuracy.

Answer: Staff reviewed the sanitary rate increases and numbers for accuracy.

2. Other cities have discovered miscalculations.

Answer: NBS and staff reviewed the sanitary rate increases and numbers for accuracy.

Agenda Item 6 (Development Impact Fee Study):

1. Will this study include the basis for imposing a parking in lieu fee (assuming the study supports one)?
Answer: This is something that would be established during the Downtown Parking Study which will be a separate contract.

2. On the first page of the staff report, under the heading “fiscal impact,” the study is referred to as a “construction contract.” Why is this a construction contract? Are there any particular implications to the City because this is a construction contract as opposed to another kind of contract?
Answer: That is an error, this is for a Professional Service Agreement/Contract.

3. The difference between RCS’ and Finance DTA’s bids compared to Matrix’ is striking. Were RCS and Finance DTA invited to give bids competing with the comprehensive substance of Matrix’ bid? Would the City save money if we put this out to another RFP so that other contractors could make competing bids?
Answer: The RFP that was released was comprehensive and requested responses to include all components; Matrix was the only response that included all components contained in the RFP. Staff researched the cost of similar fee studies in nearby jurisdictions of the same size and services, the cost Matrix proposed is the most in line with the industry and what has been paid by other jurisdictions. A RFP is a negotiated contract based on the professional qualifications of the provider.

These contracts are based on the professional services, experience, and price. The City does not have to accept the lowest proposal. These contracts may be freely negotiated with the service provider.

4. In the Resolution, Attachment 2, the first Whereas seems to be incomplete or perhaps the word “which” need to be deleted?
Answer: Noted. Staff can make that correction with the adoption of the resolution.

Agenda Item 10 (IMPEC Janitorial Services):

1. Why doesn’t this have to go out for an RFP?
Answer: This is an amendment to an existing services agreement. It also is not a “public works” project for bidding purposes of the Public Contract Code, and it is not required to pay prevailing wages as “routine maintenance” under 8 CCR 1600.

Agenda Item 11 (TDA Funding for Hetch Hetchy Trail):

1. The staff report says that the City wants to make the crossings ADA compliant and to “add additional features.” (Staff Report, p. 2, first ¶ under the heading “Project.”) What are the “additional features?”
Answer: Enhanced crosswalks, crossing assembly signage to alert vehicles to the crossing, stop markings and signage for bicycles at the street frontage, warning signage for bicyclists in advance of the street crossing, slow signage and pavement markings for bicyclists approaching the street frontage.

2. Typo in the Resolution: In the last “WHEREAS,” remove the words at the very end (“now, therefore, be it”).

Answer: This has been corrected.

3. As we improve the pathway along Hetch Hetchy, can we upgrade the water fountain on the path? (There is a faucet but no existing fountain for the bicycle/pedestrian).

Answer: Unfortunately, PUC has stated that these items may be used until they reach the end of their useful life, at which time the SFPUC may require their removal or relocation. PUC has stated these items should not be replaced.

4. Page 2-3 of the staff report says that, “ … The PUC has delayed the permit until the City and PUC are in alignment with the provisions of an updated maintenance agreement between the two agencies.” What has been the sticking point in getting the maintenance agreement completed?
Answer: The City and PUC took extensive time clarifying maintenance responsibilities and area parameters of the SFPUC Amended Vegetation Management Policy as part of the updated maintenance agreement. With the full execution of the updated maintenance agreement in November 2022, the City is now in the process of bringing the vegetation along the pathway into compliance with the guidelines in accordance with the agreement. The maintenance agreement was additionally contingent upon removal of the lighting pole and PG&E connection.

Agenda Item 12 (Grassroots Ecology):

1. On page 2 of the staff report under the heading “Purpose,” the text says that staff is asking for $233,130. Should this figure actually read “$191,000?” If not, what does the $233,130 figure represent and why does the resolution authorize only $191,000? Answer: This is a typo. $191,000 is the proper amount.

2. The contract is for two years plus a three-year option. After two years, how will the City exercise its option (if we want to do so)? Will a new resolution be necessary or should this resolution authorize the City Manager to exercise the option (and, therefore, increase the amount authorized in the resolution to cover the additional three years)? Answer: At the end of the initial two years, staff will consider the quality of work done during that time and any proposed changes to the agreement from Grassroots ecology when deciding to amend the original agreement for the balance of the five-year term. If/when an amendment for the additional three years comes to Council, it will be accompanied by a resolution.

3. Page 2 of the staff report, under Purpose, says that the total amount for the stewardship contract is $233,130 but everywhere else it states $191,000. I assume the $233K is an error? Answer: This is a typo. $191,000 is the proper amount.

Agenda Item 13 (Apricot Orchard Maintenance Agreement):

1. Is the $225,000 over three years a “not to exceed amount” or is the intent for the City to contribute $75,000 each year? The intent is for $75,000 each year.

Answer: The intent is to contribute $75,000 each year.

2. Are the funds released to the Orchard Commons Committee, or do they stay with the City to be spent at the direction of the OCC? Funds will be released to the Orchard Commons Committee.

Answer: Funds will be released to the Orchard Commons Committee.

3. Will the City periodically review/audit the OCC’s use of the $75,000? How? Answer: No. We are providing the funds we think are necessary to restore the orchard to good condition. We will revisit the amount at the end of the first 3-year term and determine an appropriate annual amount for maintenance and operation at that time.

Agenda Item 15 (Public Hearing re 5790 Arboretum Drive):

1. When was LAMC Section 14.76.070 B adopted in its current substantive form (even if the numbering has changed)?
Answer: The following two links will take you to the most recent ordinances that modified anything within Chapter 14.76 of the Municipal Code. No substantive changes have been made to the Variance section of this ordinance.
https://library.municode.com/ca/los_altos/ordinances/code_of_ordinances?nodeId=792031 https://library.municode.com/ca/los_altos/ordinances/code_of_ordinances?nodeId=1210556

2. How many variance applications have we received under that section since its adoption, and how many variances have been granted?
Answer: Under Ord. 2023-490: Two (2)
Under Ord. 2016-423: Forty-three (43)

3. May I please have the dates when those granted applications went to the DRC ( I think its the DRC because we only changed it to the Planning Commission in 2/2023)? Answer: Staff would need additional time to gather this information. The City Attorney will provide a Memo regarding the approval or denial of variance at the time of the Appeal hearing.

Agenda Item 17 (Los Altos Library Patio Project):

1. If the project runs over the $2 million budget, who is responsible to cover the shortfall? Answer: The project is being funded through the Los Altos Library Endowment and a private donation and will be planned for the $2M available budget.

2. What will be done to mitigate noise from the traffic on San Antonio? Answer: This is something that will be determined during the Design Review Permit process.

3. What will be done to beautify the wall facing parallel to San Antonio? Answer: This will be determined in the final design as required in the Design Review Permit.

4. Please explain the purpose, nature, and partnership between the SCCLD and the History Museum with respect to this project. (LALE letter, bottom of page 2.) Answer: The Library will be the lead on the patio project design and will work with an advisory group composed of members of LALE and the History Museum’s Orchard Commons Committee.

One of the future uses of the proposed space will be to offer collaborative public programming.

5. Since the proposed patio will be constructed on City land, will the City be responsible for the construction of the patio? Will the patio be subject to the rules generally covering public construction projects? Will the contractors be paid at prevailing wages? Answer: SCCLD will be responsible for managing construction, and the project will be subject to prevailing wage and all rules governing public works projects.

6. The LALE letter “strongly encourages a rapid approval.” LALE letter, page 3, item 4. How has staff responded to this request? If the Council adopts the proposed resolution, will this project be “fast tracked” or will it be subject to the City’s regular approval process? Answer: The City has not received this request. This project will be subject to the normal approval process.

7. The History Museum’s MOU says that “[i]f construction operations alter the quality or quantity of tree sites in the orchard, it is our understanding that the damage will be offset by appropriate mitigation actions agreed upon through open communication.” What are the “appropriate mitigation actions?”
Answer: Under this hypothetical scenario, mitigation would be determined either by the Development Services Director or the Historical Commission based on the application package received and approvals required. There is currently no submission package for the City to review so we cannot determine the hyptothetical situation the History Museum is considering.

8. Can we please include resolution 91-31 that defines the boundaries of the orchard Answer: Yes. Here are links to the appropriate resolutions (also attached) Resolution 81-23 and Resolution 91-31.

9. Are you aware of the process under CEQA that we are a certified local government for the State of California for Historic preservation in regards to the apricot orchard? Answer: Staff is aware that the City of Los Altos is a Certified Local Government for the State of California for Historic Preservation.

10. Can you explain what the protocol and process is to change the current boundaries of the historic orchard?
Answer: Modification to the existing boundaries of the Historic Orchard can be amended upon Final Action taken by the City Council. Recommendation must be obtained by the Historic Commission first, and subsequent action taken by the City Council.

11. By not following the process, are we open to litigation or any other ramifications? Answer: Staff is not sure of which process is being referenced. The City of Los Altos and SCCLD will follow all requirements of the Los Altos Municipal Code, and CEQA.

12. What would be the net loss of land if we would move forward on this patio project? Answer: The final design and size of the project has not yet been determined. Final size will be determined during the Design Review process.

13. What is the front setback needed from San Antonio?
Answer: The Civic Center Property is zoned PCF. The Required Front Yard Setback for the PCF Zone is 40 feet. The approximate existing setback is 75 feet.

14. What specifically are we having sent to the Planning Director for approval? Answer: The request before the City Council tonight is to send the proposal to the Development Services Director for review and necessary approvals; a Design Review Permit is required based upon the conceptual proposal before the City Council tonight. Once an application package is received staff will be able to determine which approvals are necessary in addition to administrative approval. These approvals may include some or all of the Historical Commission, the Planning Commission, and the City Council.

15. If a plan is approved, can the fountain be relocated? Answer: The concept before the City Council is not an application, and as such, does not address the fountain. The relocation or incorporation of the fountain in the patio project can be determined as part of the submission and approval process.

16. Please provide us with the new architectural renderings for the 7,700 square feet design of the enclosed patio.

Answer: A New Architectural Rendering would not be provided until this item undergoes Design Review with the Development Services Department. The plan is only conceptual as of today.

Agenda Item 18 (Leaf Blowers):

1. Proposed Section 11.15.040: Why are leaf blowers permitted to be used as early as 7:00 a.m.

Monday through Saturday, but not until 10:00 a.m. on Sunday? Answer: The thought was to have a later timeframe for Sunday’s due to specific complaints received about noise violations during the early morning on that day of the week.

2. What are the hours that code enforcement works? Can leaf blower usage be restricted to just those hours so that we are certain that a code enforcement official is available in case someone uses a gas leaf blower?
Answer: 7:30am to 5:30pm

3. Can we setup a buy back program for gas leaf blowers? Answer: This item is not currently budgeted in the City’s Adopted Budget. The City could explore creating an incentive program for this purpose.

4. How has enforcement improved or changed since our new code enforcement officer joined and the function was moved to Development Services?
Answer: In the last three months Code Enforcement has issued more citations and notice of violations than previously issued in the last three years. Code Enforcement under the purview of the Development Services Director has resulted in faster response times, and ultimately voluntary compliance.

Agenda Item 19 (Mechanical Equipment Setbacks):

1. What is the basis for each of the distances proposed by staff? Is this just a mirror of what our peer cities use?
Answer: The Development Services Department has received countless complaints regarding new and existing AC units installed in side yard setbacks, because the Noise Ordinance in and of itself is a performance measure which requires compliance with the decibel limits it has proven that not having a codified setback or allowing AC units in the side yard setback is creating ongoing enforcement issues. Not allowing the installation of new AC units in the side yard setbacks will allow for the City to maintain privacy and personal enjoyment of space.

2. Why are the interior and exterior side minimum setback requirements in the OA district 10% of width while all other setbacks have a numerical number? Answer: The OA District as a whole has varying lot sizes which already existing. Some jurisdictions provide setbacks in this format to allow for development to occur more easily and not to impact the feasibility of a site.

3. Why are we proposing setbacks based on distance from the property line as opposed to loudness (decibels) imposed on neighboring properties?
Answer: We are not. We are adding a specific provision for a setback requirement of AC units. The Noise Ordinance will remain fully intact and still act as the performance measure for noise generation.

4. Why are the setbacks crazy-small or nonexistent for properties in the commercial districts? Answer: This is common in most commercial zoning in all jurisdictions. Residential zoning generally favors increased setbacks for desired privacy.

5. Are exceptions made for lots that are split? The proposed setbacks for properties in the R1 neighborhoods might seem appropriate, but what if someone splits their lot under SB 9? Won’t the proposed setbacks be unfair or impossible to meet by smaller lots in the R1 neighborhoods?
Answer: No, the proposed ordinance will provide remedy for this by requiring AC units to be installed on the furthest portion of a building away from the property lines. Please see the figure below. The orange color object shows how an AC unit placement can still occur while meeting the requirements of the code as proposed.

Los Altos Library
Patio Project
Concept
Rose Baiza, Community Librarian
Jennifer Weeks, County Librarian
Los Altos Main Library
Needs Assessment
Highlights from 2018 G4 Study
 People of all ages come to the library for both
solo and collaborative activities
 Program/ meeting space is in high demand
 The library is a gathering place

Patio
Inspiration
Meaningful local
donation of
$500,000 to the
library
Opportunity to
address community
needs to provide
flexible
programming and
gathering space
Chance to highlight
the Historic Orchard
by incorporating the
trees and working
closely with the
Orchard Commons
Committee
$2M project is fully
funded by private
donations and
supported by the
Library District
Patio Opportunities
 Increases capacity at popular events for all ages with more programming space
 Provides inclusive programs in a safe outdoor space
 Creates flexible space that can utilized by all members of the community
 Offers new experiences for children and families while highlighting the Historic Orchard
 Aligns with District Strategic Plan

Community
Support
Library Commission
Los Altos Library Endowment
Friends of the Los Altos Libraries
History Museum/Orchard Commons
Committee
Builds Community Partnerships
 History Museum/OCC
 GreenTown Los Altos
 Master Gardeners
 LASD Living Classrooms
 LASD Art Docents
 The Garden Club of Los Altos
 Outdoor spaces allow for libraries and their
partners to invest in the health and wellness of
communities, connect residents to library
resources, and enhance literacies. Great outdoor
spaces provide opportunities for libraries to
showcase their capacity to strengthen
communities and be true placemakers—inside and
out.
 Library Journal
Gilroy Library Patio
Cupertino Library Patio
With
Approval...

SCCLD TO WORK WITH CITY DEVELOPMENT

SERVICES DIRECTOR

SCCLD TO LEAD PUBLIC BID PROCESS AND

PROJECT MANAGEMENT

INVOLVE STAKEHOLDERSTO ENSURE

PROJECT SUCCESS

CONTINUE TO DEVELOP COMMUNITY

PARTNERSHIPS TO MAKE THE PROJECT

MOST RELEVANT TO THE COMMUNITY
Thank you
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CONCEPTUAL DESIGN OF LIBRARY PATIO PARAMETER

CONCEPTUAL DESIGN OF

LIBRARY PATIO PARAMETER
Los Altos Library
Patio Project Concept
Rose Baiza, Community Librarian
Jennifer Weeks, County Librarian
Patio
Inspiration
Meaningful local
donation of
$500,000 to the
library
Opportunity to
address community
needs to provide
flexible
programming and
gathering space
Chance to highlight
the Historic Orchard
by incorporating the
trees and working
closely with the
Orchard Commons
Committee
$2M project is fully
funded by private
donations and
supported by the
Library District
Los Altos Main Library
Needs Assessment
Highlights from 2018 G4 Study
 People of all ages come to the library for both
solo and collaborative activities
 Program/ meeting space is in high demand
 The library is a gathering place

Patio Opportunities
 Increases capacity at popular events for all ages with more programming space
 Provides inclusive programs in a safe outdoor space
 Creates flexible space that can utilized by all members of the community
 Offers new experiences for children and families while highlighting the Historic Orchard
 Aligns with District Strategic Plan

Community
Support
• Library Commission
• Los Altos Library Endowment
• Friends of the Los Altos Libraries
• History Museum
• Orchard Commons Committee
• Los Altos Library Patrons
Builds Community Partnerships
 History Museum/OCC
 GreenTown Los Altos
 Master Gardeners
 LASD Living Classrooms
 LASD Art Docents
 The Garden Club of Los Altos
Gilroy Library Patio
Cupertino Library Patio
Saratoga Library Patio
Saratoga Library Patio
With
Approval...

SCCLD TO WORK WITH CITY DEVELOPMENT

SERVICES DIRECTOR

SCCLD TO LEAD PUBLIC BID PROCESS AND

PROJECT MANAGEMENT

INVOLVE STAKEHOLDERSTO ENSURE

PROJECT SUCCESS

CONTINUE TO DEVELOP COMMUNITY

PARTNERSHIPS TO MAKE THE PROJECT

MOST RELEVANT TO THE COMMUNITY
Outdoor spaces allow for libraries and
their partners to invest in the health
and wellness of communities, connect
residents to library resources, and
enhance literacies. Great outdoor
spaces provide opportunities for
libraries to showcase their capacity to
strengthen communities and be true
placemakers—inside and out.
 Library Journal
Thank you
---
I
ORDINANCE NO. 90- LL'

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 5 AND 8 OF TITLE 2 OF THE LOS ALTOS MUNICIPAL

CODE RELATING TO THE HISTORICAL COMMISSION AND DESIGNATION AND PRESERVATION OF LANDMARKS AND CULTURAL RESOURCES MANAGEMENT.

THE CITY COUNCIL OF THE CITY OF LOS ALTOS DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS: The City Council of the City of Los --------c-----------------------------------------------~---~---- Altos hereby finds: a
(a) That the City's General Plan Chapter 3 Goals 5 and 6 calls for the preservation and enhancement of the
City's historic and cultural resources;
(b) That the City Council has heard and considered evidence submitted at properly advertised joint City
Council/Historical Commission work sessions and
Historical Commission, Planning Commission and City
Council public meetings, such evidence indicating a
distinct need for adoption of an ordinance amending the Municipal Code relative to historical resources;
(c) That the city Council finds that the adoption of said amendments to the Municipal Code is in the best public
interests. )i
SECTION 2. AMENDMENT OF CODE: Section 2-5.02 and 2-5.09 of Chapter 5, of Title 2 of the Los Altos Municipal
Code are hereby amended to read as follows:

Section 2-5.02. Membership.

All voting commissioners shall be residents of the City, except that: a) three (3) voting members of the Library Commission need not be residents; and b) two (2) voting members of the Historicall Commission need not be, residents provided the criteria of Section 2-8.201 are met.

Section 2-5.09. Powers and Duties of the Historical Commission.

The Historical Commission shall have those powers and duties granted it by Section 2-8.204 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.

SECTION 3. AMENDMENT OF CODE: Sections 2-8.101 through 2- \

8.203 of the Los Altos Municipal Code are hereby
amended, and Sections 2-8.204 through 2-8.504 are
hereby added to the Los Altos Municipal Code, as
contained in Exhibit A attached hereto and
incorporated herein by reference as if set forth
in full.

SECTION 4. PUBLICATION: A summary of this ordinance shall be published as required in Government Code Section
36933.
**************
The above and forgoing Ordinance was duly and regularly introduced at a meeting of the City Council of the City of Los Altos on the 27th day of March, and was thereafter, at a regular meeting held on the 10th day of April passed and adopted by the following roll call vote:

AYES: Mayor Reeder, Councilmembers Bruno, Lave, & Spangler NOES: None
ABSENT: Councilmosnber Laliotis

DAVID REEDER, MAYOR
. ..
.* . EXHIBIT A .&
..
,, . -. Ordinance 90- 225 .. .. - ..

CHAPTER' 8 . DESIGNATION AND PRESERVATION
OF LANDMARKS 3LND CULTURAL RESOURCES MANAGEMENT
Article 1. General Provisions
Sec.2-8.101 Purpose
It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of historic resources within the City 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;
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.
(e) Integrate the conservation of historic resources into Sec.2-8.102 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:
(a) Alteration means any exterior change or modification of a designated historical landmark or any property within an historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface materials, the addition of new -2-
structures, removal or alteration of natural features,
disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light visual qualities of the property, but does not include-painting, ordinary maintenance and landscaping. '
I' fixtures, walls, fences, steps or gates affecting the exterior Y (b) Designated historic district means a distinct section of the City, specifically defined in terms of geographical boundaries, designated as an,historic resource pursuant to this Chapter.
(c) Designated historic landmark means a building,
improvement, structure, natural feature, site or area of land under single or common ownership, designated as an historic resource pursuant to this Chapter.
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.

Historical Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Historical Commission.
(d) Exterior architectural feature means the architectural (e)
(f) Commission staff means the Planning Director and
her/his authorized representatives.

Historic resource means any public or private property
designated by the City, pursuant to this Chapter, as an historic landmark or historic district, and those properties listed on the City's Historical Resources Inventory.
(9)
(h) 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. A property may be listed on the Historical Resources Inventory without being designated pursuant to this Chapter as an historic landmark or historic district.
(i) Improvement means any building, structure, parking
facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment.
restoration, rehabilitation or enhancement of cultural resources. (j) Preservation means identification, study, protection, -3-
Article 2. Historical Commission r I Sec.2-8.201 Creation; qualification and residency of members \ An Historical Commission consisting of seven unpaid members, with the following qualifications, shall be appointed by the City Council :
(a) Two members who, by reason of training and experience, are (1) knowledgeable in the field of construction and structural rehabilitation, such as a licensed architect, engineer or contractor, or (2) social/architectural historian or urban planner.
business within the City; provided, however, with the approval of the City Council, any such members who do not.maintain an office within the City may reside within the geographic area covered by the 94022 and 94024 U.S. Postal Service zip code.

Y
Such members must either reside or have a place of
(b) Five members appointed at large having demonstrated interest in preservation of the historic resources within the City.
shall be as provided in Section 2-5.03.

Such members must be residents of the City.
(c) The original appointment of members of the Commission The term of office of members of the Commission shall be as provided in Section 2-5.03. 7
Sec.2-8.202 Orsanization
(a) The Commission shall elect annually, on or before
January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as designated in its charter. Should a mid-year vacancy in any office occur, the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers.
(b) The Planning Director or her/his authorized
representative shall act as Secretary for the Historical Commission, shall be the custodian of its records, shall conduct official correspondence, and shall generally supervise the clerical and technical work performed at the request or on behalf of the Historical Commission.

A (c) The Historical Commission shall meet monthly, or more frequently upon call of the Chairman or Commission staff, as necessary. All meetings shall be open to the public and a public ..
-4-
\ record shall be kept of all Commission proceedings and actions. 4 A majority of Commissioners shall constitute a quorum, with the Chairman having a vote. The City Council shall prescribe rules and regulations for the conduct of its business, thereafter, giving the powers and authority to perform the duties hereinafter enumerated.

Sec. 2-8.203 Powers and Duties
The Historical Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter.

The Historical Commission shall have the following powers and duties:
(a) Conduct, or cause to be conducted, a comprehensive
survey of properties within the boundaries of the City for the purpose of establishing the Historic Resources Inventory. To quali€y for inclusion in the Historic Resources Inventory, a property must satisfy the criteria listed in this Chapter. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department; (b) Recommend to the City Council specific proposals for I designation as an historic landmark or historic district. (c) Recommend to the appropriate City agencies or
departments, projects and action programs for the recognition, conservation, enhancement and use of the City's historic resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources.
(d) Review and comment upon existing or proposed
ordinances, plans or policies of the City as they relate to historic resources.
(e) Review and comment upon all applications for building demolition or grading permits involving work to be performed upon or within a designated historic landmark or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or,significantly affecting any.historic,resource. The Commission's comments shall be , forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments.
(f) Investigate and report to the City Council on the. . availability of federal, state, county, local or private funding' .. -5- ../
sources or programs for the rehabilitation and preservation of historic resources.
(4) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of historical preservation.
(h) Provide resource information on the restoration,
alteration, decoration, landscaping or maintenance of any cultural resource including the landmark, landmark site, historic district, or neighboring property within public view.
(i)
(j)
Participate in, promote and conduct public information
Perform such other functions as may be delegated to it
and educational programs pertaining to historic resources. by resolution or motion of the City Council.
'.
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\ 6ec.2-8.301 Criteria
The Historical Commission may recommend to the City Council the designation of a proposed historic landmark or historic district if it satisfies one part from each of the three criteria listed below:
(a) It should have achieved its significance more than fifty years ago. (Exceptions are 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) It should fit into at least one of the following categories:
(1) It has character, interest, or value as part of the development of, and/or its exemplification of, the cultural, educational, economic, agricultural, social or historical heritage of the City;
(2)
local, State, or National history;
(3)
type, period, or method of architecture or construction, or is a valuable example of the use of indigenous materials or craftsmanship;
(4)
designer, or architect;
(5)
characteristics, whether man-made or natural, representing an established or familiar visual feature of a neighborhood, community, or the City of Los Altos; or it has a
relationship to any other landmark, and its preservation is essential to the integrity of that landmark;
It is identified with persons or events significant in
It embodies distinctive characteristics of a style,
It is representative of a notable work of a builder,
It has a unique location or singular physical
(6)
archeological information.
(7)
or environment constituting a distinct area or district within the City having special character or special
historical, architectural or aesthetic interest or value.

It should not be altered significantly, so that its
The property has the potential for yielding
It embodies or contributes to a unique natural setting
(c)
integrity is not compromised.
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Sec.2-8.302 Arwlications
(a) Applications for designation as an historic landmark or I
historic district may be submitted to the Historical Commission by any of the following:
(1) The owner or owners of a building, improvement,
structure, natural feature, site or area of land, requesting designation of their property as an historic landmark;
(2) The owners of at least twenty-five percent of the
frontage of all recorded lots abutting a specific geographic section of the City, requesting designation as an historic district;
(3) The owners of at least twenty-five percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as an historic district.
(b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Historical Commission for its recommendation and the Historical Commission may consider a proposed designation upon its own initiative.

Sec.2-8.303 Historic Landmark Desiqnation
f
(a) The Historical Commission shall conduct a study of the proposed designation, based upon such information or
documentation as it may require from the applicant, the Commission staff, or from other available sources. The
Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto.
(b) The Commission shall conduct a public hearing on the proposal. Notice of the time, place, and purpose of the hearing shall be given at least ten (10) days prior to the date of the hearing by publication at least once in a newspaper of general circulation within the City and by mail to the applicant, to the owner or owners of the property, and to the owners of abutting properties. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Historical Commission in addition to oral comments at the hearing.
(c) Based on its findings to the following issues, the
Commission shall render a written report of its recommendation to the City Council within a reasonable time:
-a-
(1) That the proposed landmark has significant hLstorical, architectural, cultural, or aesthetic interest or value; and (2) That the approval or modified approval of the
application is consistent with the purposes and criteria of this chapter.

The report shall be accompanied by all of the relevant
information and documentation and either shall recommend the designation as originally proposed, recommend a modified designation, or recommend that the proposed designation be rejected.
the Historical Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners.
(d) The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Historical Commissionls recommendations. 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.

The report shall set forth in detail the reasons for
(e)
owners of the date on which the City Council will consider this report. ,
(f) In the event a designating resolution is adopted by the City Council, such resolution shall become effective immediately following adoption thereof and the designated property shall thereafter 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. After approval of a designating resolution, the secretary of the Commission shall notify the property owner by mail, outlining the basis for the designation and the regulations which result from such
designation.
be recorded in the office of the County Recorder.

The City must notify the owner and all adjacent property .

The secretary shall also cause such resolution to
(9)
finding by the City Council that the designated property 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, and satisfies the criteria set forth in this article. (h)
proposed designation as an historic landmark no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, unless approved by the Historical Commission or the City Council.

Adoption of a designating resolution shall be based upon a Until final action has been taken by the City Council on the This
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restriction shall become effective as of the time the study is initiated, and shall extend until the designating resolution becomes effective.

SeC. 2-8.304 Historic District Desiqnation
(a) Following the same procedures set forth in Section 2-8.303 (a), (b), and (c), the Historical Commission shall conduct a study of, and hold a public hearing on any proposed historic district and forward to the City Council and to the Planning Commission a report and recommendations, together with the information and documentation pertaining thereto.
-.
(b)
the proposed designation within sixty days after receipt of the Historical Commission's report. Notice of the public hearing shall be given in the manner provided in this chapter.

The Planning Commission shall conduct a public hearing on (c) The Planning Commission either shall recommend approval of the designation as originally proposed, or approval of the designation as modified by the Historical Commission or the Planning Commission, or both, or recommend that the proposed designation be rejected.
approval or modified approval of the designation, it shall instruct the Commission staff to prepare, and shall approve, a proposed form of ordinance for adoption by the City Council, designating the historic district and establishing a zoning overlay for such district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the
conservation, enhancement and preservation thereof.
(d) The recommendations of the Planning Commission, together with the report and recommendations of the Historical Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting.

If the Planning Commission recommends
(e) The City Council shall determine whether the proposed historic district should be considered for designation as an historic resource, and adopt a resolution initiating final designation proceedings.
hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in this Chapter. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the properties which are the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances.

Such resolution shall schedule a public
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\ (f) At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council either shall adopt an ordinance designating the historic district, in whole or in part, or as modified, or shall, by motion, disapprove the proposal in its entirety.
(9)
Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this chapter and such further regulations or controls as may be specified in the designating ordinance.'
(h)
finding by the City Council that the designated property 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, and satisfies one or more of the criteria set forth in this Chapter.

Sec 2-8.305 Notice of Public Hearinqs
(a)
conducted by the City Council, the Planning Commission, and the Historical Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows:

In the event a designating ordinance is adopted by the City Adoption of a designating ordinance shall be based upon a Notice of the time, place and purpose of public hearings (1) In the case of a proposed historic landmark, notice shall be given as set forth in Section 2-8.303 (b) of this chapter.
(2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available equalized assessed roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also he published once in a
newspaper having general circulation in the City not later than ten days prior to the date of the hearing.
(b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council, Planning Commission or Historical Commission may, but shall not be obligated to, give such other notices as they deem appropriate or desirable.
.

I. ..
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Sec. 2-8.306 Notice of Desianation
(a) Following adoption by the City Council of an ordinance designating a historic landmark or historic district, the Commission staff shall send notice of the designation,
with a copy of the ordinance, to the owner or owners of the designated historic landmark, or to the owners of all property within a designated historic district.
such owners that the designated property will be added to the Los Altos Historical Resources Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The City Council also shall send notice of the designation to:
together
The notice shall inform
(11 The Historical Commission; i 2 j
(3)
(41
The Planning Commission;
Any agency or department of the City requesting
such notice or affected by the designation;
,. The Santa Clara County Historical Heritage
Commission;
The California State Historic Preservation
Officer ;
The Los Altos Town Crier
(5)
(6)
(b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County.

Sec. 2-8.307 Termination of Desisnation
I
The only legitimate reason for terminating the designation is when the resource no longer meets the criteria due to loss of integrity.

Department shall be notified, and the appropriate cancellation notice of previously recorded notice of designation shall be recorded in the office of the County Recorder.

When a landmark is terminated, the Building
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Article 4. Permits
Sec.2-8.401 Permit required
It is unlawful for any person to alter, demolish, remove, relocate or otherwise change in any manner any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement, other structure or natural feature upon any property located within a designated historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark or historic district, without first obtaining a written permit to do so in the manner provided in this Article. Approval shall be based upon conformance with the Secretary of the Interior's Standards for Preservation Projects, the State Historic Building Code, and the designating ordinance.

Sec.2-8.402 Applications .

Applications for permits, on forms prescribed by the Historical Commission, shall be submitted to the Planning Director, who shall forward the application to the Historical Commission for review and comment.

Sec.2-8.403 Supportinct Data
The application shall include the following data:
(a) Documentation establishing ownership of the designated property by the applicant for the permit;
(b) A clear statement of the proposed work;
(c) A site- plan showing all existing buildings, structures, trees over six inches in diameter, property lines, easements and the proposed work;
(d) Detailed plans showing both the existing and proposed exterior elevations, materials and grading;
(e) Specifications describing all materials to be use$ and all processes that would affect the appearance or nature of the materials.
(f) Notes indicating any deviation from the Secretary of the Interior's Standards for Historic Rehabilitation.
(g)' Where'the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished; h
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(h) Such other information or documents as may be requested by the Historical Commission.

SeC.2-8.404 Historical Commission action
The Historical Commission shall complete its review and issue a recommendation to the Planning Director within forty-five days after receipt of the application and all supporting data. legally required, there shall be no notice, posting or
publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Historical Commission.
recommendation shall be in writing and shall state the reasons relied upon in support thereof.

Commissionls recommendations, the Planning Director shall forward a copy thereof to the applicant.

Unless
The Historical Commission's
Upon receipt of the Historical
,-
Sec.2-8.405 Issuance of permit
If the Historical Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Historical Commission recommends denial of the application, the Planning Director shall notify the applicant that the requested permit will not be granted.

Sec.2-8.406 Appeal
(a) Any recommendation issued by the Historical Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning
Commission.

Secretary of the Planning Commission a written notice thereof within ten days from the date the Historical Commission delivers its recommendation to the Planning Director.
appeal shall be signed by the appellant and shall set forth all the grounds for the appeal and shall be accompanied by a fee to cover the administrative cost of handling the appeal as set by the Council by resolution. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission.
conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Historical Commission. Only the grounds specified in the notice of appeal shall be considered.

The appeal shall be taken by filing with the
The notice of
The Planning Commission shall
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(b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any. interested person, in accordance with the procedure set forth in Title 1, Section 1-4.01, of the Los Altos Municipal Code.

Sec.2-8.407 Criteria
The Planning Director, on the recommenuation of the Historical Commission, or Planning Commission or city Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that:
(a) The proposed work is consistent with the purposes and objectives of this Chapter; or
(b)! The proposed work does not adversely affect the
character or integrity of the designated historic landmark or historic district; or
(c) In the case of construction of a new building,
structure or other improvement upon or within a designated historic landmark or historic district, the exterior of such improvement will not adversely affect and will be compatible with the external appearance of the existing landmark or district.

Sec.2-8.408 Hardship
Notwithstanding the criteria of Article 4 of this Chapter, the Planning Director, on the recommendation of the Historical 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 designated historic landmark or property located within a designated historic district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work 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 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.
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Article 5. MISCELLANEOUS PROVISIONS
Sec.2-8.501 Fees
(a)
noticing of any application for designation.
(b)
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 to the Planning Commission and City Council pursuant to this Chapter.

No fee shall be charged for the filing, processing or public The City Council shall by resolution adopt a schedule of Sec.2-8.502 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 designated historic landmark or property located within a designated historic district 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 designated historic landmark or property located within any designated historic district 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.

Sec.2-8.503
The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portiqns thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.

Duty to keep in uood repair
It shall be the duty of the Building Official to enforce this section.

Sec.2-8.504 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 2 of this Code.

RESOLUTION NO. 81-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

DESIGNATING A HISTORICAL LANDMARK
WHEREAS, by virtue of its adoption of Ordinance No. 78-16, the City Council of the City of Los Altos did establish a procedure for the designation and preservation of historical landmarks within the City of Los Altos; and WHEREAS, in accordance with that Ordinance, the Historical Commission has made positive findings under Section 2-8.104(c) with regard to a portion of the property at One North San Antonio Road known as the Civic Center Apricot Orchard (a portion of APN 170-42-29), as described in Exhibit "A", attached hereto and incorporated herein by reference; and
WHEREAS, the City Council concurs with the decision of the Historical Commission in this regard;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Los Altos does hereby determine that the subject property is designated as a historical landmark and is subject to the terms and conditions outlined in Ordinance No. 78-16; I HEREBY CERTIFY that the foregoing is a true copy of a Resolution duly passed and adopted by the City Council of the City of Los Altos on the 12th day of May, 1981, by the following roll call vote:

AYES: Mayor pro tern Reed, Councilmen Kallshian and Lave NOES: None
ABSENT: Mayor Eng and Councilman Grimm
d~AL (~~~r <7
. ···J· ... ,.· ... ······
·· .. · .. · ..

EXHIBIT "A"
RESOLUTION NO. 81-23
c·
.. · ..

Historical designation to include one .(1) structure referred to as History House or J. Gilbert Smith residence, the surrounding garden, and the Apricot Orchard on the land described below.

All other structures on the land, as well as a presently undefined portion of the orchard necessary to accommodate the future Council Chambers, are specifically excluded.

LEGAL DESCRIPTION
PARCEL NO. 1: Beginning at a~ underground wooden monument standing in the center line of San Antonio Avenue, formerly Griffin Road, at the Southwest corner of that certain 59.75 acre parcel of land conveyed by George D. Wise to George D. Newhall by Deej dated October 2, 1894 and recorded December 28, 189~ in Book 177 of Deeds, pnge 140, Santa Clara County Records, from which monument the co~mon corner of Sections 19, 20, 29 and 30 Township 6 S.R. 2 W., M.D.M., bears N. 0° 01 1 ;·!. J9.81 chains distant; said point of beginning also being point of intersection of said center line ot San Anto~io Avenue with the Southerly line of that certain 6.75 acre parcel of land conveyed ty ~argaret Hill Smith, et al, to Margaret Hill Smith, et vir, by Deed dated July Jl, 1943 and recorded August 4, 1943 in Book 1151 of Official Records, page 526, Santa Clara County Records; running thence along said center line of-San Antonio Road, N. 0° 01 1 W. 300.00 feet to the intersection thereof with the Northerly line of said 6.75 acre parcel of land; thence leaving said center line and running along said Northerly line of the 6.75 acre parcel of land N.89° 46 1 E. 755.00 feet; thence leaving said Northerly line and running Southerly in a direct line 300.0 feet to··a point on the Southerly line of the said 59.75 acre parcel of lAnd, said point also being on the Southerly line of the said 6.75 acre parcel of land, that bears, N. 89° 46• E. 755.0 teet from the point of beginning; running thence along said Southerly line of the 59.75 acre parcel of land being also the Southerly line of the said 6.75 acre parcel or land s. 89° 46• W. 755.0 feet to . the point of beginning, and r.eing a portion of the 59.75 acre parcel of land of Gee. D. Newhall, as shown on thllt certain. Map entitled, ·~·.~~~p of .. .. .. .:. . ;. .. .. ::.:·
. .. -~ .... ::
. ·.·· . . ,;, .. . ..
the portion of the Newhall & Wise Tract, being a part of s. 29, T. 6 s.R. 2 W., Santa Clara Co., Cal1f., 1 filed for record December 28, 1894 in Book 11 H" of Maps, page 103, Santa Clara County Records.

PARCEL NO. 2: Beginning at the point of intersection of the center line of San Antonio Avenue I formerly Griffin Road with the Northerly line or Lot 4, as shown on the Map he.reinafter referred to; running thence Easterly along said Northerly line, 480.0 feet; thence leaving said Northerly line and running Southerly and parallel with said center line of San Antonio Avenue, JJC.O feet to a point on the Southerly line of said Let 4; running thence Westerly along said Southerly line 480.0 feet to a point in said center line of San Antonio Avenue; running thence Northerly along said center line JJO.O feet to the point of beginning, and being a portion of Lot 4, as shown on that certain Map entitled, "Map of 301.20 for 320 acres of School Land included in Certificate of Purchase No. 117 dated Sacrament June 27th, 1862 located under the Act of the Legislature of the S~ate of California, nassed Anril 22, 1861, is$ued in the na~e of Leonard S. Clark, location No. 68 in San Francisco, to wit, the fractional North West and South West quarters of Section 32 and the South West quarter of Section 29, in T. 6 S.R. 2 ~v., of Mt. Diablo ?-ieridian, 11 which said. Hap was I'iled for record in the office of the Recorder of the County of Santa Clara, State of California, on July 28, 1864 in Book 11 A11 of tlfaps, at pages 70 and 71, and a copy the~eof was recorded in said Office on May 26, 1877 in Book 11 A11 of ~aps, at page 19, and being commonly known as the ?·fap of the Leonard S. Cla~k Subdi visio:-1.

PARCEL NO. 3:. Beginning at a point on the Northerly line of Lot 4, distant Easterly thereon 480.0 feet from t~e intersection t~ereof with the center line of San AntQnio Avenue, formerly Griffin Road, as said lot and center line are show:: en the ~!ap hereinafter referred to; running thence Easterly along said Ncrtherly line 180.0 feet to the Northeasterly corner of said Lot 4, as shown on said 14ap; running thence Southerly alon~ the Easterly line of said Lot 4 a distance of 330.0 feet to the Southeasterly corner the~eof; running thence Westerly along the Southerly line of said Lot ~. a distance of 180.0 feet; thence leaving said Southerly line and running Northerly And parallel with said center line of SAn Antonio Avenue, ))0.0 feet to the point cf beginning and "t:eing e~. po:-tion of Lot c., as sho...,-n on that certain Hap entitled, 11 ~-iap c: 301.20 for 320 acres of School Land included in Ce!"tificate of Purchase Mo. 117 dated Sacra~ent June 27th, 1862, located under the Act of the Legislature of tee State of California, passed April 22, le61, issued in the na~e cf Leona:-d s. Clark, location No. 68 in San Francisco, to wit, the fractional Korth \'lest and South West quarters of Section 32 and the South West quarter of Section 29, in T. 6 S.R. 2 vi., of Mt. Diablo !<[eridian, 11 which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State .of California, on July 28, 1864 in Book "A 11 of l.faps, at pages 70 and 71, and a copy the~eof was recorded in said Office on May 26, 1877 in Book "A 11 of Maps, at page 19, and being commonly known as the Hap of the Leonard S. Clark Subdivision.

RESOLUTION NO. 91- 31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

MODIFYING AN APRICOT ORCHARD AS A HISTORICAL LANDMARK
WHEREAS, by virtue of its adoption of Ordinance No. 78-16 and 90-225, the City Council of the City.of Los Altos did establish a procedure for the designation and preservation of historical landmarks within the City of Los Altos; and
WHEREAS, by virtue of its adoption of Resolution 81-23, the City Council of the City of Los Altos did designate a portion of APN 170-42-029 known as the Civic Center Apricot Orchard a historical landmark; and
WHEREAS, by designation of this property as a historical landmark it is subject to the terms and conditions outlined in Ordinance 90-225; and
WHEREAS, in accordance with that Ordinance Section 2-8.404, the Historical Commission has reviewed and recommends modifying the limits of the Civic Center Apricot Orchard as shown on Exhibit A, as located on APN Nos. 170-42-029 and 170-43-001; and WHEREAS, the City Council concurs with the recommendation of the Historical Commission in this regard;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Los Altos does hereby determine that the subject property is designated as a historical landmark and is subject to the terms and conditions outlined in Ordinance 90-225;
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution duly passed and adopted by the City Council of the City of Los Altos on the 8th day of October, 1991, by the following roll call vote:
* * * * * * *
AYES: Mayor Spangler, Councilmembers Bruno, Laliotis, Lave, & Reeder NOES: None
ABSENT: None
" -
-::~·iliiilii····· ... '
C?(J\a
~ L ~ 1----+---1
~~-
,_ _________________ _,-- ) c
·"EXHIBIT A"

SAN ANTONIO ROAD
LEGEND
FZZ/1 :HISTORIC ORCHARD
The following is a Summary of Council Actions.

Minutes from the meeting will be posted once adopted by Council.

For more information, contact the City Clerk’s Office at 650-947-2720.

TUESDAY, JUNE 27, 2023

SUMMARY OF COUNCIL ACTIONS
7:00 P.M. – REGULAR CITY COUNCIL MEETING
Items for Consideration

1. The City Council approved the Regular Meeting Minutes for City Council Meetings of June 13, 2023.

2. The City Council accepted the Treasurer’s Report for the Month Ended March 31, 2023.

3. The City Council adopted an Ordinance and Resolution for Sanitary Sewer Rates, and found that the approval of the ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15273 and none of the circumstances in Section 15300.2 applies.

4. The City Council adopted a Resolution accepting completion of the CIPP Corrosion Rehabilitation, Project WW-01005; and authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law.

5. The City Council authorized the City Manager to execute Professional Services Agreement for a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study to Matrix Consulting Group as the most qualified responsive consultant for project total not-toexceed $198,885 and approved the City Manager the authority up to 10% contingency if needed, in the amount not-to-exceed $19,888.50.

6. The City Council approved and adopted a Resolution authorizing the City Manager to execute a Professional Services Agreement with R3 Consulting Group, Inc. for On-Call Solid Waste Support Services for FY 2023/2024.

7. The City Council adopted a Resolution identifying street maintenance projects to be funded by Senate Bill 1 (SB-1) Road Repair and Accountability Act.

8. The City Council accepted the recommended Youth Commission Interview Subcommittee appointments to the Los Altos Youth Commission for FY 23/24.

9. The City Council authorized the City Manager to execute an amendment to the agreement with IMPEC Group for janitorial services in the amount of $839,232 for two years on behalf of the City.

10. The City Council adopted a Resolution approving the allocation of the City’s Transportation Development Act (TDA) funding to the Hetch Hetchy Path Enhancements and Access Improvements Project.

11. The City Council authorized the City Manager to execute an amendment to the agreement with Grassroots Ecology in the total amount of $191,000 for a two-year term ($95,500 per year) to manage and restore Redwood Grove Nature Preserve.

12. The City Council authorized the City Manager to execute a three-year agreement, totaling $225,000, for orchard maintenance with the Orchard Commons Committee.

13. The City Council adopted a Resolution repealing Resolution No. 2019-30 regarding the Open Government Policy.

14. The City Council continued the appeal of the Planning Commission’s Decision on the Design Review and Variance Applications SC22-0029 & V23-0002 at 5790 Arboretum Drive to September 26, 2023.

15. The City Council adopted an ordinance adopting by reference the 2021 International Property Maintenance Code with certain local amendments and found that the ordinance is exempt from CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations.

16. The City Council directed the Los Altos Library Patio Project to the Development Services Director for review and necessary approval.

17. The City Council introduced and waived further reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.15 to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code Creating a Standalone Chapter for Leaf Blower Regulations.

Second reading and adoption tentatively scheduled for July 11, 2023.

18. The City Council introduced and waived further reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.14 Mechanical Equipment to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code. Second reading and adoption tentatively scheduled for July 11, 2023.

19. The City Council provided direction on letters regarding SB 423 and SB 4.

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS ADJOURNMENT 11:42 P.M.