Los Altos City Council
November 28, 2023

*Map Name: USGS 7.5’ Mountain View Quadrangle *Scale: 1:24,000 *Date of map: _1991_ DPR 523J (Rev. 1/1995)(Word 9/2013) * Required information State of California Natural Resources Agency Primary # 43-002069 DEPARTMENT OF PARKS AND RECREATION HRI#
LOCATION MAP Trinomial
167
Agenda Item # 2.
1141 Gravenstein Highway S
Sebastopol, CA 95472
Tel. 707-823-7400
Email: [email protected]
1 June 5, 2023
RE: Mills Act Application Recommendation Letter for the Property at 41 Hawthorne Avenue, Los Altos, Santa Clara County, California.

To Whom it May Concern,
In June 2023, Evans & De Shazo, Inc (EDS) Principal Architectural Historian Stacey De Shazo, M.A., who exceeds the Secretary of Interior's qualification standards in Architectural History and History, completed a Historic Resource Evaluation (HRE) of the property at 41 Hawthorne Avenue, Los Altos, Santa Clara County, California within Assessor Parcel Number (APN) 170-41-036 consisting of a 1926 house, ca. 1950 detached garage, ca. 1980 storage shed, and associated landscape to determine if the property or any of the built environment resources within the property are eligible for listing on the California Register of Historical Resources (CRHR). Prior to the completion of the HRE, EDS determined that the 1926 house within the property is currently listed on the Office of Historic Preservation's (OHP) Built Environment Resources Directory (BERD) (P-43-002069) and within the City of Los Altos Historic Inventory (2013). As such, the 1926 house is considered a Historical Resource as defined in Section 15064.5 of the California Environmental Quality Act (CEQA). The HRE, completed by EDS under CEQA regulations (PRC § 21000) and the Guidelines for Implementing CEQA (14 CCR § 15000 et seq.), determined that the 1926 house is individually eligible for listing on the CRHR under Criterion 3 for its association with Tudor Revival architecture with a period of significance of 1926 and retains all seven aspects of integrity.1Therefore the 1926 house is a qualified historic property and eligible for the Mills Act.

Current Rehabilitation Project
To ensure that the current rehabilitation project (submitted to the city) would not impact the integrity of the 1926 house, EDS completed a Secretary of Interior's Standards for the Treatment of Historic Properties (Standards), which is within the HRE report (6/5/2023). 2 The Standards review was based on the current
preliminary project, which has yet to be submitted to the city. The preliminary Standards review determined that the current project appears to meet the Standards for Rehabilitation, though additional information is need to update the Standards once architectural drawings are completed. As such, based on this premilinary information and if the guidance of the Standards review is followed, the project will not impact historical resources.

Mills Act
In 1972, the State adopted legislation (Government Code §§ 50280 – 50290) that created an alternative method for determining the assessed value of specific qualified historical properties, commonly referred 1 The ca. 1950 detached garage, ca. 1980 storage shed, and associated landscape are not eligible for listing on the CRHR, and are not currently locally listed, as such are not historical resources under CEQA. 2 Stacey De Shazo, “Historic Resource Evaluation and Standards Review of the Property at 151 Hawthorne Avenue, Los Altos, Santa Clara County, California”, Evans & De Shazo, 2022. 168
Agenda Item # 2.
1141 Gravenstein Highway S
Sebastopol, CA 95472
Tel. 707-823-7400
Email: [email protected]
2 to as the Mills Act. The Mills Act is a state law allowing cities to enter into contracts with the owners of historic structures. Such contracts require a reduction of property taxes in exchange for the continued preservation of the property. Property taxes are recalculated annually using a formula in the Mills Act and Revenue and Taxation Code. The Mills Act Program aims to provide economic incentives to foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California to restore and preserve qualified historic buildings by private property owners. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief.

The law provides an income-based tax formula for legible properties subject to historical property contracts. The Mills Act allows cities and counties to enter into a contract with a property owner of qualified historic property. The state code defines a qualified historic property as a privately owned property that is not exempt from property taxation and which meets either of the following:
(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations. (b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

Qualified Historic Property
A qualified historic property is one that is listed on any federal, state, county, or city register, including the National Register of Historic Places, CRHR, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks. Owner-occupied family residences and income-producing commercial properties may qualify for the Mills Act program.

Recommendations
Based on the HRE, Standards review, and the requirements of the Mills Act program, EDS recommends that the 1926 house at 41 Hawthorne Avenue, a qualified historic property, is eligible for consideration by the City of Los Altos for the Mills Act. In addition, as required by the city, the property owners are "actively" rehabilitating their property following the Secretary of the Interior's Treatment of Historic Properties, particularly the Standards for Rehabilitation.

Sincerely,
Stacey De Shazo, M.A. Principal Architectural Historian Evans & De Shazo, Inc.
[email protected]
169
Agenda Item # 2.
1141 Gravenstein Highway S
Sebastopol, CA 95472
Tel. 707-823-7400
Email: [email protected]
1 September 1, 2023
RE: Additional Support of the Mills Act Application for the Property at 41 Hawthorne Avenue, Los Altos, Santa Clara County, California.

To Whom it May Concern,
Evans & De Shazo, Inc (EDS) Principal Architectural Historian Stacey De Shazo, M.A., who exceeds the Secretary of Interior's qualification standards in Architectural History and History, completed the Historic Resource Evaluation (HRE) of the property at 41 Hawthorne Avenue, Los Altos, Santa Clara County, California within Assessor Parcel Number (APN) 170-41-036 consisting of a 1926 house, ca. 1950 detached garage, ca. 1980 storage shed, and associated landscape to determine if the property or any of the built environment resources within the property are eligible for listing on the California Register of Historical Resources (CRHR). The HRE determined that the 1926 house is individually eligible for listing on the CRHR under Criterion 3 for its association with Tudor Revival architecture with a period of significance of 1926 and retains all seven aspects of integrity.1Therefore the 1926 house is a qualified historic property and eligible for the Mills Act. EDS then completed a Secretary of Interior's Standards for the Treatment of Historic Properties (Standards), which is within the HRE report (6/5/2023). The Standards review was based on the current preliminary project, which has yet to be submitted to the city. The preliminary Standards review determined that the current project appears to meet the Standards for Rehabilitation, though additional information is needed to update the Standards once architectural drawings are completed. As such, based on this preliminary information and if the guidance of the Standards review is followed, the project will not impact historical resources.

Although the proposed rehabilitation project for the 1926 house is not finalized, the following table table (Table 1) provides additional information regarding the Mills Act application showing the Ten Year Rehabilitation, Restoration, and Maintenance and Timeline Work Plan, of which the current proposed rehabilitation appears to meet the Standards – as detailed in the Standards Review section of the HRE by EDS. Noting EDS recommends that once the final rehabilitation design is completed (the maintenance does not need to be included) and prior to architectural drawings being submitted to the City of Los Altos, a professional Architectural Historian reviews the project plans for consistency with the Standards. In addition, the 10-year cost estimates are currently in line with accepted cost estimates for the Mills Act. 1 The ca. 1950 detached garage, ca. 1980 storage shed, and associated landscape are not eligible for listing on the CRHR, and are not currently locally listed, as such are not historical resources under CEQA. 170
Agenda Item # 2.
1141 Gravenstein Highway S
Sebastopol, CA 95472
Tel. 707-823-7400
Email: [email protected]
2 Table 1: Proposed Ten Year Rehabilitation/Restoration/Maintenance and Timeline Work Plan.

Based on the HRE, Standards review, and the requirements of the Mills Act program, EDS recommends that the 1926 house at 41 Hawthorne Avenue's Ten Year Rehabilitation, Restoration, and Maintenance and Timeline Work Plan meet the requirements of the Mills Act.

Sincerely,
Stacey De Shazo, M.A. Principal Architectural Historian Evans & De Shazo, Inc.
[email protected]
171
Agenda Item # 2.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
Attn: Development Services Director

RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 and 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ___________, 2023, by and between the CITY OF LOS ALTOS, a municipal corporation (“City”) and Sreenivas Naganedra Tallam and Isabel Tallam, Trustees of the Tallam Family Revocable Trust dated August 9, 2021 (collectively, “Owner”).

RECITALS
A. California Government Code section 50280, et seq. authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so to retain its characteristics as property of historical significance;
B. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 41 Hawthorne Avenue, Los Altos, California (the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is incorporated herein by this reference;
C. On September 28, 1997 the Historical Commission of the City of Los Altos designated the Historic Property as a Historical Resource, pursuant to Chapter 12.44 of the City’s Municipal Code. The Historic Property is a qualified historical property pursuant to California Government Code section 50280.1.

D. City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.
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AGREEMENT
NOW THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ______, 20__ (“Effective Date”) and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date, such initial term will automatically be extended as provided in paragraph 2, below.

2. Renewal. On each anniversary of the Effective Date (hereinafter referred to as the “Renewal Date”), an additional one year term shall automatically be added to the term of this Agreement unless a notice of nonrenewal (“Notice of Nonrenewal”) is served as provided herein. If either Owner or City desires in any year not to renew this Agreement for an additional one year term, Owner or City shall serve a written Notice of Nonrenewal upon the other party in advance of the Renewal Date. Such Notice of Nonrenewal shall be effective if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, such Notice of Nonrenewal shall be effective if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner timely serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal date of this Agreement, whichever may apply.

2.1 Owner Protest of City Nonrenewal. Within fifteen (15) days after receipt by Owner of a Notice of Nonrenewal from City, Owner may make and file a written protest of the Notice of Nonrenewal. Upon receipt of such protest the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish the City Council with any information which the Owner deems relevant, and within ten (10) days after demand shall furnish the City Council with any information the City Council may require. The City Council may, at any time prior to the Renewal Date of this Agreement, but without obligation to do so, withdraw its Notice of Nonrenewal.

3. Assessment of Valuation. The parties acknowledge that Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to apply for a reassessment evaluation of the Historic Property pursuant to the provisions of Sections 439 et. seq. of the California Revenue and Taxation Code. Owner acknowledges that tax relief afforded to the Owner pursuant to Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code may require negotiation with the Santa Clara County Assessor’s Office. All tax savings realized by Owner in connection with this Agreement shall be used to preserve, maintain, repair, restore and rehabilitate the Historic Property.

4. Standards for Historical Property. Owner shall preserve, repair and maintain the Historic Property and it’s Character Defining Features (defined below) as a qualified historic property, in no less than equal to the condition of the Historic Property on the Effective Date. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s 173
Agenda Item # 2.
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Standards for Rehabilitation and Restoration, the State Historical Building Code, and the City’s Historical Preservation Ordinance, as the same may be amended from time to time, and in accordance with the attached ten year schedule of home repair, maintenance and improvement measures prepared by Owner and approved by the City Council, attached hereto as Exhibit “B.” Commencing on the fifth anniversary of the Effective Date, and continuing every five (5) years thereafter during the term of this Agreement, Owner shall submit to City an updated ten (10) year schedule of potential home repair, maintenance and improvement measures for the upcoming ten (10) year period, which schedule shall also document all repairs, maintenance, and improvements which have been completed since the Effective Date. Character Defining Features means all historic or other architecturally significant aspects of the Historic Property, including without limitation, the general architectural form, style, materials, design, scale, details, mass, roof line, porch, exterior vegetation and other aspects of the appearance of the exterior and interior of the Historic Property. The Secretary of Interior’s Standards for Rehabilitation and Restoration currently in effect (attached hereto and marked as Exhibit “C”) shall be incorporated herein by reference and constitute the minimum standards and conditions for the rehabilitation and restoration of the Historic Property. All standards referred to in this Section 4 shall apply to the Historic Property throughout the term of this Agreement. Owner shall not obstruct or obscure the public’s ability to view the exterior of the Historic Property from the public right-of-way. Such prohibition shall include, without limitation, a prohibition against the placing of trees, bushes or fences in a location which substantially obscures or obstructs the view from the public right-of-way of the exterior of the Historic Property.

5. Periodic Examinations. Owner shall allow reasonable periodic examination, by prior appointment, of the exterior of the Historic Property by representatives of the Santa Clara County Assessor, State Department of Parks and Recreation, State Board of Equalization, and/or the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. Within ten (10) days after request by City, Owner shall furnish City with any and all information requested by the City from time to time which City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.

7. Cancellation. City, following a duly noticed public hearing, as set forth in California Government Code Sections 50285, et seq., may cancel this Agreement if it determines that Owner breached any of the provisions of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property and such breach is not cured by Owner within thirty (30) days after City gives Owner notice that a breach has occurred. City may also cancel this Agreement if it determines that the Owner has failed to maintain, preserve, restore or rehabilitate the Historic Property in accordance with the terms of this Agreement and such breach is not cured by Owner within thirty (30) days after City gives Owner notice that a breach has occurred. If this Agreement is canceled because of failure of the Owner to maintain, preserve, restore and rehabilitate the Historic Property as specified above, 174
Agenda Item # 2.
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the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286 as the same may be amended or replaced from time to time.

8. Destruction. Notwithstanding any provision of this Agreement to the contrary, the Owner may cancel this Agreement without payment of the cancellation fee set forth in Section 7, if the existing single-family residence (the “Structure”) on the Historic Property is damaged by fire, earthquake, or other Act of God or accidental cause to the extent (1) the then fair market value of said Structure is reduced by fifty-one percent (51%) or more; or (2) fifty-one percent (51%) or more of said Structure’s floor area is destroyed or irreparably damaged; or (3) fifty-one percent (51%) or more of the Structure’s Character Defining Features are destroyed or irreparably damaged; or (4) that the cost to the Owner (less any insurance proceeds payable in connection with such damage) to restore the Structure to its prior condition would exceed Ten Thousand Dollars ($10,000). If the Owner desires to cancel this Agreement under this Section 8, written notice shall be given to the City within ninety (90) days after such damage or destruction occurs.

If the Owner desires to cancel this Agreement due to the circumstances outlined in this Section 8, either party may request a hearing before the City Council to determine (a) the extent of diminution of value, (b) the extent of the damage or destruction to the floor area of the Structure, and/or (c) extent of damage or destruction to the Character Defining Features of the Structure. The City Council may refer any matter relating to (c) to the City’s Historical Commission for its findings and recommendations.

If Owner does not cancel this Agreement pursuant to this Section within ninety (90) days after damage or destruction occurs, or the damage or destruction does not exceed the thresholds set forth in the first paragraph of this Section, Owner shall have a reasonable time, not to exceed four (4) months, in which to restore the structure to not less than the condition existing prior to such damage or destruction.

9. Enforcement of Agreement. City may specifically enforce, or enjoin the breach of, the terms of this Agreement, if Owner fails to cure any default under this Agreement within thirty (30) days after City gives Owner notice that Owner has breached any of Owner’s obligations under this Agreement. If Owner’s breach is not corrected to the reasonable satisfaction of the City within thirty (30) days after the notice of breach is given to Owner, then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner or enjoin any breach under this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or such other relief as City may deem appropriate.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement upon a default by Owner. All other remedies at law or in equity which are not otherwise provided for in this Agreement shall be available to the City to pursue if there is a default of this Agreement by Owner. No waiver by City or any breach or default under this Agreement by Owner shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
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Agenda Item # 2.
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10. Binding Effect of Agreement; Covenants Running With the Land.

The Owner hereby subjects the Historic Property to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the value of the Owner’s legal interest in the Historic Property may be affected thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

11. Sale or Transfer of Ownership. Prior to the sale or transfer of ownership of the Historic Property, the Owner is bound by this Agreement to provide a report to the City which outlines how all tax savings realized by Owner in connection with this Agreement were used to preserve, maintain, repair, restore and rehabilitate the Historic Property. The City shall review and approve the report administratively within twenty-one (21) days. If the City takes no action within that time, the report is deemed adequate.

12. Cost Reimbursement. Owner shall, within ten (10) days after demand, reimburse City for all reasonable legal fees and costs and all staff time and costs incurred by City in connection with the preparation and review of this Agreement and the administration of the Agreement during the term of this Agreement.

13. Notice. Any notice required to be given by the terms of this Agreement shall be in writing and sent by personal delivery or by United States registered or certified mail, postage prepaid, return receipt requested, addressed as set forth in this Section 13 below at any other address as may be later specified by the parties hereto by notice given in the manner required by this Section 13.

To City: To Owners:

City of Los Altos Sreenivas Naganedra Tallam, Trustee
Attn: Historical Commission Liaison Isabel Tallam, Trustee One North San Antonio Road
Los Altos, CA 94022
Mailed notices shall be deemed delivered three (3) days after the date of posting by the United States Post Office.
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14. Notice to Office of Historic Preservation. Owner shall provide written notice of this Agreement and shall provide a copy of this Agreement to the Office of Historic Preservation of the Department of Parks and Recreation of the State of California within six (6) months following the Effective Date.

15. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto or any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint ventures or members of any joint enterprise.

16. Indemnity of City. Owner shall protect, defend, indemnify, and hold City and its elected officials, officers, agents and employees harmless from liability for claims, losses, proceedings, damages, causes of action, liabilities, costs or expense, including reasonable attorneys’ fees, which may arise directly or indirectly from the negligence, willful misconduct or breach of this Agreement by Owner or Owner’s contractors, subcontractors, agents, employees or other persons acting on Owner’s behalf in connection with the Historic Property, or which arise directly or indirectly in connection with Owner's activities in connection with the Historic Property. This Section 16 applies, without limitation, to all damages and claims for damages suffered, or alleged to have been suffered regardless of whether or not the City prepared, supplied or approved any plans, specifications or other documents for the Historic Property.

17. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties named herein, their heirs, successors, legal representatives, and assigns and all persons acquiring any part or portion of the Historic Property, whether voluntarily or involuntarily, by operation of law or in any manner whatsoever.

18. Legal Costs. If legal proceedings are brought by Owner or City to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys’ fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

19. Severability. If any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.

20. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California.

21. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Santa Clara, California. 177
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22. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by all of the parties hereto.

23. Captions. Section headings and captions of this Agreement are for convenience of reference only and shall not be considered in the interpretation of any of the provisions of this Agreement.

WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written.

OWNERS:

By: Dated:

Sreenivas Naganedra Tallam, Trustee
By: Dated:

Isabel Tallam, Trustee
CITY OF LOS ALTOS:

By: Dated:

City Manager
Attest:

By: Dated:

City Clerk
Approved as to Form:

By: Dated:

City Attorney
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EXHIBIT “A”

LEGAL DESCRIPTION
For APN/Parcel ID: 170-41-036
THE WESTERLY 100 FEET, FRONT AND REAR MEASUREMENTS OF LOT 151 AS

SHOWN ON THE MAP OF ALTOS ACRES, LOS ALTOS, SANTA CLARA COUNTY, CALIFORNIA, RECORDED MAY 8, 1911, BOOK N OF MAPS, PAGE 49, SANTA CLARA COUNTY RECORDS.
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EXHIBIT “B”

SCHEDULE OF IMPROVEMENTS
2023 – 2033
Item Work Task Type of
Work
Year
Commenced
Year
Completed
Estimated
Cost (10 year
period)
1 Stucco repair,
exterior paint,
insulation, gutter
repair
Rehabilitation 2024 2025 85,000
2 Foundation
repairs
Rehabilitation 2028 2028 65,000
3 Basement external
wall repairs
Rehabilitation 2028 2028 18,000
4 Window repairs Rehabilitation 2024 2034 50,000
5 Roof repairs Rehabilitation 2032 2033 45,000
Sub-total Rehabilitation 263,000
6 Move front door
to original
position
Remodel 2028 2028 9,000
7 Garage
Remodel/Replace
New
Construction
2024 2026 180,000
Sub-total Remodel 189,000
8 ADU New
Construction
New
Construction 2024 2026 750,000
9 Adding solar
panels on the roof
New
Construction 2024 2028 25,000
Sub-total New Construction 775,000
180
Agenda Item # 2.
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Item Work Task Type of
Work
Year
Commenced
Year
Completed
Estimated
Cost (10 year
period)
10 Repairs, paint
touch-up,
caulking (1,000
per year)
Maintenance 2024 2033 10,000
11 Annual external
cleaning
(windows,
gutters)
Maintenance 2024 2033 15,000
12 Landscape repairs
and maintenance,
tree trimming
Maintenance 2024 2033 70,000
Sub-total
Maintenance 95,000
Total All 1,322,000
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Agenda Item # 2.
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EXHIBIT “C”
SECRETARY OF THE INTERIOR’S STANDARDS FOR

REHABILITATION AND RESTORATION
Rehabilitation:

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 182
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Restoration:

1. A property will be used as it was historically or be given a new use that interprets the property’s restoration period.

2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alterations of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed. 183
Agenda Item # 2.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: November 28, 2023
Subject Consider authorizing Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement; and consider finding that the Council’s action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15301 and that none of the circumstances in CEQA Guidelines Section 15300.2 applies.

Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachments:

Attachment 1 – Resolution
Attachment 2 – Addendum 12 to the Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City Of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System
Attachment 3 – Map Image
Attachment 4 – Bid Summary
Initiated by:

Palo Alto Regional Water Quality Control Plant (RWQCP) Long-Range Facilities Plan Previous Council Consideration:
• June 26, 2012 – Oral presentation from the City of Palo Alto regarding the Final Draft report of the Long-Range Facilities Plan for the RWQCP for informational purposes only. • February 23, 2016 – Approval of Addendum 8 for the design of the Primary Sedimentation Tank Rehabilitation and Secondary Treatment Upgrades Projects. • May 26, 2020 – Approval of Addendum No. 10 for constructing the Primary Sedimentation Tank Rehabilitation Project.
• November 29, 2022 – Approval of Addendum 11 for constructing the Primary Sedimentation Tank Rehabilitation and the Secondary Treatment Upgrades Projects. 184
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 2
Fiscal Impact:

The estimated total project construction expenses contributed by the contributing partner agency for the Joint Intercepting Sewer Rehabilitation (Phase 1) project are summarized in Table 1 below.

The cost share amount for the City of Los Altos is $1,262,089. This will be paid out of the sewer administration operating budget account # 8110-5270 over the next two to three years.

Contributing Partner Agency Cost Sharing
Mountain View $5,159,619
Palo Alto $1,947,106
Los Altos $1,262,089
Los Altos Hills $338,516
East Palo Alto Sanitary District $104,904
Stanford University $122,736
Total: $8,934,970
Environmental Review:

The construction of this project is exempt from CEQA under CEQA Guidelines Section 15301, subsection (b), as it involves the repair and maintenance of an existing publicly-owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to the Santa Clara County Clerk-Recorder’s office by ___ and was recorded on August 7, 2023 (File No. ENV24700).

Summary:
 The Palo Alto Regional Water Quality Control Plant (RWQCP) provides wastewater treatment services for the cities of Palo Alto, Mountain View, Los Altos, the Town of Los Altos Hills, East Palo Alto Sanitary District, and Stanford University. Over the years, the costs for projects to upgrade the RWQCP have been shared proportionally by the various agencies.
 In 2012, the RWQCP Long-Range Facilities Plan (LRFP) was prepared to provide a plan for future capital improvement program projects--addressing aging equipment and increasing regulatory requirements.
 Joint Interceptor Sewer Rehabilitation Phase 1 project addresses aging infrastructure. 185
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 3
Staff Recommendation:

Authorize the City Manager to execute Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund the rehabilitation of the Joint Interceptor Sewer Rehabilitation Phase 1 project 186
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 4
Purpose
Authorize the City Manager to execute Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund the rehabilitation of the Joint Interceptor Sewer Rehabilitation Phase 1 project.

Background
In 1968, the cities of Mountain View and Los Altos agreed to retire their wastewater treatment plants and approved a contract with the City of Palo Alto (Basic Agreement, also referred to as the Partners Agreement) for the acquisition, construction, and maintenance of a joint wastewater treatment plant. The Plant began operating in 1972. The Basic Agreement was originally set to expire on July 1, 2035, but was extended to December 31, 2060, as part of Addendum No. 8.

The Palo Alto Regional Water Quality Control Plant (Treatment Plant) provides wastewater treatment services for the cities of Palo Alto, Mountain View, Los Altos, the Town of Los Altos Hills, East Palo Alto Sanitary District, and Stanford University. Over the years, various agencies have shared project costs to upgrade the Treatment Plant.

The Regional Water Quality Control Plant (RWQCP, Plant) owns and maintains a 72-inch diameter trunk sewer known as the Joint Intercepting Sewer (JIS), which conveys raw sewage from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. There are other sewers leading to the RWQCP, but these are maintained by the Utilities Department, Stanford University, and the East Palo Alto Sanitary District.

The JIS was constructed in 1972 and consists of multiple sections of 60-inch and 72-inch diameter reinforced concrete pipes with gasketed bell and spigot joints. The original pipe is unlined with no external coating. The pipes are approximately 9,000 feet long. The pipeline’s alignment starts at a metering station located at 1151 San Antonio Road on the border of Palo Alto and Mountain View.

The alignment runs northwest and below grade through the Baylands Nature Preserve and along the western edge of the City’s closed landfill. The pipeline ends at an influent junction box inside the RWQCP.

The need for rehabilitation or replacement of the Joint Intercepting Sewer was first identified in the Long Range Facilities Plan (LFRP), which was adopted by the Palo Alto Council in July 2012.

The need for rehabilitation was confirmed in 2020 via a condition assessment, which included closed circuit television (CCTV) inspection, sonar inspection, and visual inspections of the entire pipe length. Based on the findings, the downstream sections (approximately 2,364 feet) closest to the Plant exhibited the greatest deterioration. The lower section of the pipeline has exposed and corroded structural rebar, spalling, and cracked concrete, and a noticeable offset and separation at some pipe joints and manholes. This Joint Intercepting Sewer Rehabilitation Phase 1 Project will rehabilitate the deteriorated 2,364-foot section of pipeline and manholes. A design contract 187
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 5
(Contract No. 22183804) was awarded to Jacobs Engineering Group, Inc. by Palo Alto Council on May 16, 2022 (SR #14164 ). The design was completed in August 2023.

Based on a 2020 sewer inspection, the upstream sections (approximately 6,600 feet to the metering station) show less severe deterioration and will be reassessed in the next five to ten years to establish the timing and need for the Phase 2 rehabilitation work. See the attached figure showing the project phases (Attachment B).

The City of Los Altos’ Council approved Addendum No. 8 in 2016, Addendum No. 9 in 2018, Addendum No. 10 in 2020, and Addendum No. 11 in 2022 to authorize the construction and costsharing of a sludge dewatering and truck loadout facility, funding for the design of the secondary treatment upgrades project; and funding for the design and construction of the primary sedimentation tank rehabilitation project. Construction of the sludge dewatering facility was completed in 2019, a key component of the LRFP. The primary sedimentation tank rehabilitation project is in construction and will be completed in 2023. Other facilities requiring capital improvement in the next ten years for facilities at the end of their useful life include a new outfall pipe, new support facilities, the relining of an aging joint intercepting sewer, and a new headworks facility.

Design work for the Joint Interceptor Sewer Rehabilitation Phase 1 project is complete. On August 29, 2023, the City of Palo Alto solicited formal bids from qualified contractors for this Project.

The bidding period was 49 calendar days. Three bids were received on October 16, 2023, with bid prices ranging from $7,347,700 to $11,051,740 as listed in the attached Bid Summary (Attachment C). The lowest responsible bid was $7.3 million submitted by SAK Construction, LLC. The maximum total cost for construction and construction management services, including 10% contingency, is $8,934,970. This total cost is scheduled to be approved by Palo Alto Council on December 11, 2023. The City of Los Altos will be contributing a maximum not-to-exceed amount of $1,262,089 to be funded from the Sewer Administration Operating Budget.

Discussion/Analysis
Addendum No. 12 will authorize construction funding to rehabilitate the Joint Interceptor Sewer Rehabilitation Phase 1 project.

Previously, Council approved Addendum No. 11 to authorize the maximum amount of financing for the construction funding of the Primary Sedimentation Tank Rehabilitation and the Secondary Treatment Upgrades projects. Addendum No. 12 will authorize the maximum amount of financing for the construction of the Joint Intercepting Sewer Rehabilitation Phase 1 project, including design engineering, construction management, program management, and construction costs.

This Project will rehabilitate approximately 2,364 feet of the 9,000 feet of the joint intercepting 188
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 6
sewer from Manhole No. 4 to the Plant’s influent junction box (i.e., JB-0). Attachment B shows the alignment of the joint intercepting sewer needing rehabilitation and the upstream section.

Rehabilitation includes repairing and recoating the interior of existing manholes and the influent junction box. An above-grade temporary bypass pumping system consisting of pumps and piping will be installed in the vicinity of the existing sewer pipeline to allow the contractor to access, clean, inspect and rehabilitate the interior of the sewer line and manholes. Pipe rehabilitation will be cured-in-place pipe (CIPP) method, in which a resin-impregnated liner is inserted, expanded, cured, and adhered onto the existing pipe’s interior surfaces. The cured liner will become a new pipe inside the existing host pipe, providing structural strengthening as well as smoother and corrosion-resistant surfaces that would not reduce the trunk sewer’s service capacity. Its service life is expected to be extended by 25 to 50 years. This method will result in minimal site disturbance and require the least amount of construction staging area compared to other repair methods, such as open trench pipe replacement. Through January 2023, the Palo Alto Utilities Department has utilized CIPP lining on City of Palo Alto sewers, having rehabilitated approximately 23,025 feet (4.36 miles) of the City’s pipes ranging from 6 inches to 42 inches in diameter.

Construction activities are expected to take place inside the RWQCP (30 percent of the work) and outside the RWQCP (70 percent of the work) along the alignment of the sewer interceptor on small undeveloped areas outside the plant’s fence line and gravel access road west of Byxbee Park.

Temporary fencing will be set up along the boundary of the project site. Construction fences will have six to eight inches of openings at the bottom to allow wildlife to pass through the area.

Screening will be attached to project fencing to reduce noise and light outside the construction area. An informational site map showing the URL to the project’s website on cleanbay.org and detour signs will be set up on trails at appropriate locations. Construction activities lasting up to five months will occur during daytime only and traffic will be limited to material and fuel deliveries. When construction vehicles travel outside of fenced work area, traffic control flaggers will walk ahead and behind each truck to ensure public safety. The contractor’s personnel will be onsite 24/7 to monitor the temporary bypass pumping system, which is expected to last two to four months. The temporary bypass pumps will be enclosed to comply with noise ordinances; pumps and piping are sealed to contain odors. Illumination, as needed to meet OSHA safety’s requirements, at the bypass pumps, will be soft lights with directional shields and with on/off switches. City staff will coordinate with other projects in the Baylands (e.g., the Horizontal Levee Project) to minimize schedule and parking impacts.

A biological survey was conducted by two qualified biologists from the project’s design consultant, Jacobs, on March 1, 2023, at the proposed project site and a 250-foot buffer zone away from the site. The field survey showed no sensitive habitat within the project site and that construction activities are not anticipated to directly or indirectly impact adjacent aquatic resources and special-status plants and animals that were determined to be absent or unlikely to occur within 189
Agenda Item # 3.

Subject: Updated Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement
November 28, 2023 Page 7
the project footprint. Special-status birds, including salt marsh common yellowthroat, Alameda song sparrow, and burrowing owl, could nest outside and near the project footprint. As a standard construction practice, preconstruction surveys for nesting birds and burrowing owls will be conducted 24 days and 24 hours prior to the start of field construction activities. If active nests are detected, buffers around nests will be established to ensure breeding is not disrupted or adversely impacted by construction.

Recommendation
Authorize the City Manager to execute Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund the rehabilitation of the Joint Interceptor Sewer Rehabilitation Phase 1 project 190
Agenda Item # 3.

ATTACHMENT A

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 12 TO

THE REGIONAL WATER QUALITY CONTROL PLANT BASIC AGREEMENT

BETWEEN THE CITY OF PALO ALTO, THE CITY OF MOUNTAIN VIEW

AND THE CITY OF LOS ALTOS FOR THE ACQUISITION, CONSTRUCTION

AND MAINTENANCE OF THE JOINT SEWER SYSTEM
WHEREAS, City of Palo Alto and City of Los Altos have entered a Joint Sewer System Agreement and subsequent addendums No. 1 through No. 11; and WHEREAS, Addendum No. 12 will fund the rehabilitation of the Joint Interceptor Sewer Rehabilitation Phase 1 Project; and
WHEREAS, Addendum No. 12 includes the cost-sharing amounts for the contributing partner agencies; and
WHEREAS, the construction of this project is exempt from review under the California Environmental Quality Act for reasons stated in the staff report; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Finds that the foregoing recitals are true and correct.

2. Authorizes the City Manager to execute Addendum No. 12 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund the rehabilitation of the Joint Interceptor Sewer Rehabilitation Phase 1 Project.

3. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
___________________________________
Melissa Thurman, MMC CITY CLERK
191
Agenda Item # 3.

ATTACHMENT 1
ADDENDUM NO. TWELVE TO THE BASIC AGREEMENT BETWEEN THE CITY OF

PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF LOS ALTOS

FOR THE ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT

SEWER SYSTEM
This Addendum No. Twelve (12) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on TBD, 2023, by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California.

RECITALS
A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended eleven times by addenda, as follows:

1. Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977;

2. Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980;

3. Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985;

4. Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991;

5. Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992;

6. Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998;

7. Addendum No. Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009;

8. Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016;

9. Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019; 192
Agenda Item # 3.

ATTACHMENT 1

10. Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021;

11. Addendum No. Eleven (11) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 5, 2022 (collectively, the “Addenda”).

B. Palo Alto owns and operates the sanitary sewage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or worn-out units require an agreement by the Parties amending the Basic Agreement.

C. The Parties now desire to construct the Joint Interceptor Sewer Rehabilitation Phase 1 Project and agree upon their respective shares of the project costs, as defined herein.

D. The project will install new liner on the joint sewer, improving its useful life and restoring its integrity, to ensure the Plant continues to safely convey raw sewage to the treatment plant.

AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Twelve (12), the Basic Agreement is hereby amended, as follows:

Section 1. Paragraph 43 is hereby added to the Basic Agreement to read, as follows:
“43. CONSTRUCTION AND IMPLEMENTATION OF THE 2023 JOINT
INTERCEPTOR SEWER REHABILITATION PHASE 1 PROJECT. Palo Alto and Mountain View and Los Altos hereby approve the construction of joint interceptor sewer rehabilitation – Phase 1 Project, or “Project”, which rehabilitates the lower section of the existing joint interceptor sewer, approximately 2,364 linear feet, from Manhole No. 4 to Influent Junction Box No. 0. The Project includes the cleaning of the pipeline, installation of new liner in the pipeline, and recoating manholes and junction boxes.

The installation of liner in the pipeline will decrease the pipeline diameter, however, the new liner provides a smoother surface profile for a slightly higher capacity. Flow capacity of the lined pipeline from Manhole No. 4 to the Influent Junction Box No. 0 is unchanged and will remain as listed at the peak wet weather capacity of 80 million gallons per day.

The term “Project Costs”, as used in this Paragraph means all costs incurred in the design and construction of the 2023 Joint Interceptor Sewer Rehabilitation – Phase 1 Project.

Without limiting the generality of the foregoing, Project Costs shall include, but not be limited to: design, engineering, and other consultants’ fees and costs, including fees incurred pursuant to agreements with engineers, contractors and other consulting, design 193
Agenda Item # 3.

ATTACHMENT 1
and construction professionals; environmental analysis and approval costs, including cost of compliance with the California Environmental Quality Act; deposits, applicable permit fees; all costs to apply for and secure necessary permits from all required regional, state, and federal agencies; plan check fees, and inspection fees; construction costs; attorneys’ fees and costs; and costs of insurance.

The maximum amount of the Project Costs is $8.9 million. The Parties shall remain responsible for Project Costs incurred, whether before or after completion of the Project, in connection with the performance of the Project planning/design/construction contract(s), in the same proportion to each organization’s share.

Each Party shall pay its share, as listed below, of the Project Costs for the Project in the proportion to the capacity rights in the Joint System presented herein. • Mountain View 62.50%
• Palo Alto 18.24%
• Los Altos 15.00%
• Los Altos Hills 4.26%
Mountain View and Los Altos shall pay their respective shares of any Project Costs within thirty (30) business days of receipt of the quarterly billing statement sent by Palo Alto. Palo Alto shall not send more than one invoice in any thirty-day period. If a Party disputes the correctness of an invoice, it shall pay the invoice in full and the dispute shall be resolved after payment in accordance with Section 19 of the Basic Agreement, and shall not offset against any payment due.

Section 2. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed.
[SIGNATURE PAGE FOLLOWS]
194
Agenda Item # 3.

ATTACHMENT 1
IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above.

SIGNATURE PAGE:

CITY OF PALO ALTO CITY OF MOUNTAIN VIEW
APPROVED:
__________________________ __________________________
Mayor Kimbra McCarthy, City Manager
__________________________ __________________________
Date Date
____________________________ ATTEST:

City Manager
__________________________
ATTEST: Heather Glaser, City Clerk
____________________________ APPROVED AS TO CONTENT:

City Clerk
__________________________
Dawn Cameron, Public Works Director
____________________________
APPROVED AS TO FORM: ____________________________
Date
____________________________
City Attorney or Designee FINANCIAL APPROVAL:
____________________________
Date ____________________________
Derek Rampone
Finance and Administrative Services Director
APPROVED AS TO FORM:
____________________________
Mitesh Bhakta
Senior Assistant City Attorney
____________________________
Date
//
195
Agenda Item # 3.

ATTACHMENT 1
//
//

CITY OF LOS ALTOS
BY:
____________________________
City Manager
Gabriel Engeland
____________________________
Date
ATTEST:
__________________________
City Clerk
Melissa Thurman, MMC
____________________________
Date
APPROVED AS TO FORM:
____________________________
City Attorney
Jolie Houston
____________________________
Date
196
Agenda Item # 3.

Condition Assessment
Legend
±
Figure Exported: 7/29/2020 By : k bradley U sing: \\w oodardcurran.net\shared\Projects\RMC\SJ\038-014 Palo Alto RWQCP Program Managem ent\B. Program Managem ent\7. Other Projects\72 Inch Cond Assem t\CA\Maps\PaloAlto_72Inch.m xd Project #: 0038014.01
Map Created: July 2020
0 0.05 0.1 0.2
Miles
Third Party GIS Disclaim er: This m ap is for reference and graphical purposes only and should not be relied upon by third parties for any legal decisions.

Any reliance upon the m ap or data contained herein shall be at the users’ sole risk . Data Sources:
! Manholes and Structures
Future
Phase 1

REGIONAL

WATER QUALITY

CONTROL PLANT

REGIONAL

WATER QUALITY
CONTROL PLANT FLOW FIGURE 7: RECOMMENDED PROJECT PRIORITIZATION 21 Palo Alto
Trunk Sewer
Trunk Sewer Interceptor ATTACHMENT B
197
Agenda Item # 3.

ATTACHMENT C

CITY OF PALO ALTO
2023 JOINT INTERCEPTOR SEWER REHABILITATION
PHASE 1 PROJECT

BID SUMMARY
Bid opening: October 16, 2023

CONTRACTOR TOTAL BID
SAK Construction, LLC

$7,347,700
Michels Trenchless, Inc.

$10,365,324
Insituform Technologies, LLC

$11,051,740

198
Agenda Item # 3.

Reviewed By:

City Manager City Attorney
GE JH

AGENDA REPORT SUMMARY
Meeting Date: November 28, 2023
Subject Housing Element Implementation Ordinance 2.0
Prepared by: Nick Zornes, Development Services Director Reviewed by: Jolie Houston, City Attorney
Jon Maginot, Assistant City Manager
Approved by: Gabe Engeland, City Manager
Attachment(s):

1. Draft Ordinance #1

2. Draft Ordinance #1 – Appendix A

3. Draft Ordinance #1 – Appendix B

4. Draft Ordinance #1 – Appendix C

5. Draft Ordinance #1 – Appendix D

6. Draft Ordinance #2

7. Draft Ordinance #2 – Appendix A

8. Draft Ordinance #3

9. Draft Ordinance #3 – Appendix A

10. Draft Ordinance #3 – Exhibit, Zone Map Change
Initiated by:

The City of Los Altos adopted 6th Cycle Housing Element, Programs 1.A, 1.B, 1.C, 1.E, 1.F, 1.G,

3.I, and 3.J.

Fiscal Impact:

No fiscal impacts are associated with the adoption of these implementing regulations.

Environmental Review:

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. 199
Agenda Item # 4.

Subject: Housing Element Implementation Ordinance
November 28, 2023 Page 2
Summary:

The draft ordinance incorporates regulations to rezone for the RHNA shortfall, facilitation of higher density housing in the commercial thoroughfare district, allow housing in the office administrative district, repeal of the Loyola Corners Specific Plan in its entirety, rezone Village Court parcel and repeal its entirety the PUD specific to the parcel, rezone housing sites from previous housing elements, allow residential care facilities consistent with State law, and explicitly allow manufactured homes consistent with State law. The draft ordinance integrates regulations into the Los Altos Municipal Code, which addresses all required provisions from the Housing Element programs previously noted.

Staff Recommendation:

Adoption of Zoning Ordinance Text Amendments which implement programs identified in the adopted housing element, Program 1.A: Rezone for RHNA Shortfall; Program 1.B: Facilitate Higher Density Housing in the Commercial Thoroughfare (CT) District; Program 1.C: Allow Housing in the Office Administrative (OA) District; Program 1.E: Update the Loyola Corners Specific Plan; Program 1.F: Rezone Village Court Parcel; Program 1.G: Rezone Housing Sites from Previous Housing Elements; Program 3.I: Allow Residential Care Facilities Consistent with State law; Program 3.J: Explicitly Allow Manufactured Homes Consistent with State law; and consideration of the City of Los Altos Planning Commission’s October 19, 2023 decisions and find that the proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment.

Prior Consideration:

On November 14, 2023, the Los Altos City Council Introduced and Waived Further Reading of the proposed ordinances. The following actions were taken:

Action #1 – Ordinance #1 – An Ordinance of the City Council of the City of Los Altos amending Chapter 13.34, Chapter 13.36, Chapter 14.50, and Chapter 14.63 of the Los Altos Municipal Code to Implement Program 1.A, Program 1.B, Program 1.C, Program 1.G, Program 3.I, and Program

3.J of the Sixth Cycle Housing Element Update.

The Los Altos City Council introduced the ordinance the following vote:

AYES: Meadows, Weinberg, Fligor, Daily, Lee Eng
NOES:

Action #2 – Ordinance #2 – An Ordinance of the City Council of the City of Los Altos repealing in its entirety the Loyola Corners Specific Plan, Chapter 14.42 of the Los Altos Municipal Code, 200
Agenda Item # 4.

Subject: Housing Element Implementation Ordinance
November 28, 2023 Page 3
and Resolution No. 2017-41 and reinstating the underlying zoning districts to all effected parcels to Implement Program 1.E of the Sixth Cycle Housing Element Update.

The Los Altos City Council introduced the ordinance the following vote:

AYES: Meadows, Weinberg, Fligor, Daily
NOES: Lee Eng
Action #3 – Ordinance #3 – An Ordinance of the City Council of the City of Los Altos amending Chapter 14.88 of the Los Altos Municipal Code Pertaining to Rezoning of a Parcel Located at 4546 El Camino Real (APN: 16712042) from R1-10 to Commercial Thoroughfare (CT) and Repealing in its entirety Planning Unit Development (62-PUD/C7) to Implement Program 1.F Rezone Village Court Parcel of the Sixth Cycle Housing Element Update.

The Los Altos City Council introduced the ordinance the following vote:

AYES: Meadows, Weinberg, Fligor, Daily
NOES: Lee Eng
Background:

On January 24, 2023, the Los Altos City Council adopted the City’s 6th Cycle Housing Element 2023-2031. As required by law, the adopted housing element has several housing programs contained within. The City of Los Altos identified specific programs in its housing element that will allow it to implement the stated policies and achieve the stated goals and objectives.

Programs must include specific action steps the City will take to implement its policies and achieve its goals and objectives. Programs must also include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, describe the city’s specific role in implementation, and (whenever possible) identify specific, measurable outcomes.

The draft ordinance under consideration implementing Programs 1.A, 1.B, 1.C, 1.E, 1.F, 1.G, 3.I, and 3.J is required to be adopted no later than January 31, 2024.

On October 19, 2023, the Los Altos Planning Commission were presented with a staff report, and presentation at a duly noticed public hearing. At the regularly scheduled meeting the Planning Commission asked clarifying questions of the Development Services Director, opened the Public Hearing and received public testimony, and discussed the amendments presented to the commission. Three separate actions were taken that evening, and are summarized below:

Action #1 – Ordinance #1 – An Ordinance of the City Council of the City of Los Altos amending Chapter 13.34, Chapter 13.36, Chapter 14.50, and Chapter 14.63 of the Los Altos Municipal Code 201
Agenda Item # 4.

Subject: Housing Element Implementation Ordinance
November 28, 2023 Page 4
to Implement Program 1.A, Program 1.B, Program 1.C, Program 1.G, Program 3.I, and Program

3.J of the Sixth Cycle Housing Element Update.

The Los Altos Planning Commission passed the recommendation by the following vote:

AYES: Steinle, Roche, Doran, Ahi, Beninato
NOES: Disney
ABSENT: Mensinger
Action #2 – Ordinance #2 – An Ordinance of the City Council of the City of Los Altos repealing in its entirety the Loyola Corners Specific Plan, Chapter 14.42 of the Los Altos Municipal Code, and Resolution No. 2017-41 and reinstating the underlying zoning districts to all effected parcels to Implement Program 1.E of the Sixth Cycle Housing Element Update.

The Los Altos Planning Commission passed the recommendation by the following vote:

AYES: Steinle, Roche, Doran, Ahi, Beninato, Disney
NOES:

ABSENT: Mensinger
Action #3 – Ordinance #3 – An Ordinance of the City Council of the City of Los Altos amending Chapter 14.88 of the Los Altos Municipal Code Pertaining to Rezoning of a Parcel Located at 4546 El Camino Real (APN: 16712042) from R1-10 to Commercial Thoroughfare (CT) and Repealing in its entirety Planning Unit Development (62-PUD/C7) to Implement Program 1.F Rezone Village Court Parcel of the Sixth Cycle Housing Element Update.

The Los Altos Planning Commission passed the recommendation by the following vote:

AYES: Steinle, Roche, Doran, Ahi, Beninato, Disney
NOES:

ABSENT: Mensinger
Analysis:

The City’s adopted 6th Cycle Housing Element 2023-2031 included various programs which requires the proposed ordinance amendments to implement the various commitments contained within the Housing Element as Certified by the State of California Housing and Community Development Department (HCD). The following programs are being implemented in various components of the draft ordinance. 202
Agenda Item # 4.

Subject: Housing Element Implementation Ordinance
November 28, 2023 Page 5
The following program has already been partially implemented in that the City of Los Altos has already increased development capacity and overall density in zones such as CN, CRS, CD/R3 to accommodate moderate-income level units, and now in the CT and OA Districts.

Program 1.A: Rezone for RHNA shortfall.

To accommodate the remaining above moderate-income RHNA of 19 units, the City will identify and rezone sufficient vacant land or land with redevelopment potential to provide capacity for this shortfall. Appendix B (Sites Inventory and Methodology) identifies potential parcels for rezoning to address this shortfall and provide excess capacity throughout the planning period. Separate programs detail specifics of various rezoning actions that would provide additional capacity for all income levels.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Sites rezoned to address shortfall by January 2024 Objective: The City will amend the Zoning Map and/or Zoning Code to create the opportunity for at least 19 above moderate-income housing units; proposed rezoning would accommodate an assumed capacity of 64 above-moderate income housing units Geographic Targeting: Create additional opportunities for housing capacity throughout the city, which is identified as high and highest resource by TCAC opportunity maps.

The following program implements the requirements identified within the adopted housing element in that the proposed ordinance removes the zoning code limit on maximum density allowed within the zone (68 units/acre or 179% of maximum allowed density has been the average development trend for recently approved/constructed projects), eliminates excess setback requirements for adjacencies, increases the building heights, and makes residential and mixed-use developments allowed by-right.

Program 1.B: Facilitate higher density housing in the Commercial Thoroughfare (CT) District.

The Commercial Thoroughfare (CT) Zone is located along El Camino Real with a maximum density of 38 units per acre and a maximum height of 45 feet. Development trends in this area are showing much higher densities and heights being built. To continue to facilitate housing in the CT District, the City will remove or increase the density maximum and increase the height allowed in the CT District by at least 10 feet and one story which will result in a maximum height of 55 feet and 5-stories to ensure the increased maximum density can be accommodated. Objective design standards for the CT District will be modified as necessary to accommodate higher density, and the 203
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increased setback standards when across the street from or abutting a residential zoning district will be removed.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2024
Objective: Approve housing development projects along El Camino Real at densities above 38 units per acre anticipating at least 80 total housing units with at least 20 low-income units.

Geographic Targeting: Increase housing opportunity in a mixed-use, transitaccessible area. See Program 4.J for place-based improvements, specifically relative to the Los Altos Loop, that will be prioritized in this area east of San Antonio Road.

The following program implements the requirements identified within the adopted housing element in that the proposed ordinance specifies the allowed density of a minimum of 20 units per acre and a maximum of 30 units per acre, modifies the required setbacks to provide ample buffer and spatial distance from single family zoning districts by reducing side and front yard setbacks while increasing the rear yard setback to an acceptable maximum of 30 feet, and makes residential and mixed-use developments allowed by-right.

Program 1.C: Allow housing in the Office Administrative (OA) District.

The Office Administrative (OA) District, primarily located along South San Antonio Road (east of Downtown), does not currently allow residential uses. However, given the high demand for housing in Los Altos and the opportunity to provide for housing in a mixed-use environment with access to transit, the sites identified in the OA District (Appendix B, Table B-11) will be amended to allow multi-family development.

Residential uses will be allowed at a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2024 Objective: Permit housing on OA District parcels during the planning period comprising at least 40 total housing units with at least eight low-income units in the highest resource areas of the city.

Geographic Targeting: Create additional opportunities for housing capacity in a highest resource area located adjacent to Downtown, transit (bus line along San Antonio Road), and single-family neighborhoods.
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The following program implements the requirements identified within the adopted housing element in that the proposed ordinance repeals in its entirety the Loyola Corners Specific Plan which has been an impediment to the creation of housing as well as any large-scale revitalization of the area since its inception. Additionally, the action will repeal in its entirety City Council Resolution 2017-41 which was an action that further restricted development potential within the specific plan area.

Program 1.E: Update the Loyola Corners Specific Plan.

The Loyola Corners Specific Plan will be rescinded and revert to underlying zoning (CN District) to facilitate housing production. Regardless of whether the Specific Plan is updated or rescinded, this program includes removal of all standards that are more restrictive than those applicable within the CN District. Standards to be eliminated include the 20-unit density cap (enforcement of this limitation is currently precluded by the Housing Crisis Act), the dwelling unit size requirement of between 1,500 and 8,000 square feet, the two-story height limitation in addition to a 30-foot maximum height (Resolution 2017-41), and any subjective design standards applicable to residential. The eliminated standards will provide regulations that allow development at greater densities than what is presently allowed today, increased building heights and greater flexibility in unit sizes. The Loyola Corners Specific Plan is considered a highest resource area with the most positive educational outcomes (see Appendix F, Section F.2.5 (Access to Opportunity)).

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2024 Objective: Eliminate restrictive development standards within Loyola Corners Specific Plan for density, height, and unit size no later than December 2024. Also eliminate any subjective design standards applicable to residential no later than December 2024. Permit housing units in the Loyola Corners Specific Plan above the current 20-unit cap and with a mixture of unit sizes during the planning period. Target approval of at least 40 total housing units with at least eight low-income units.

Geographic Targeting: Remove barriers to increase housing opportunity in Loyola Corners neighborhood, a highest resource area with commercial, transit (bus line along Foothill Expressway), and single-family homes.

The following program implements the requirements identified within the adopted housing element in that the proposed ordinance executes the required Zone Change to one (1) affected parcel at the “Village Court” development. The existing parcel(s) has “split” or “shared” zoning districts which further creates confusion and irregular development potential of the site. Additionally, as a part of the Zone Change Planned Residential Development 62-PUD/C7 205
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is repealed in its entirety which has limited development potential of the site since its inception. Due to the split or shared zoning of the parcel at Village Court there is not feasible or practical way for the PUD to be maintained and carry the new zoning of the Commercial Thoroughfare District on all portions of the parcels.

Program 1.F: Rezone Village Court parcel.

To facilitate housing, the Village Court parcel at 4546 El Camino Real (APN 16712042) will be rezoned from R1-10 to Commercial Thoroughfare (CT), and modifications made to the Planned Unit Development (62-PUD/C7), as necessary for consistency with the CT District. The City will consult with adjacent property owners and interested parties throughout the Village Court rezone program.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2025
The following program implements the requirements identified within the adopted housing element in that the proposed ordinance the rezoning of the sites identified in the program has been accomplished by allowing for the use of residential and mixed-use development by-right within the CT District and by the Zone Change of the Village Court parcel.

Program 1.G: Rezone housing sites from previous Housing Elements.

Under AB 1397, certain rezoning requirements apply if a lower income housing site identified in the sites inventory (Appendix B) was identified as a housing site (for any income level) in a previous housing element’s site inventory. The following vacant and nonvacant lower income sites are subject to the rezoning requirements:
 Vacant lower income sites that have been included in at least two consecutive housing element sites inventories.
 Nonvacant lower income sites that have been included in a prior housing element sites inventory.

The City will make necessary zoning amendments to allow development by right pursuant to Government Code §65583.2(i) when 20 percent or more of the units are affordable to lower income households on sites identified in Table IV-1. These identified sites meet the density requirements for lower-income households and allow at least 30 units per acre.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
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Time Frame: January 2024
The following program implements the requirements identified within the adopted housing element in that the proposed ordinance by the creation of Article 6 of the Specialized Housing Regulations Chapter in the Zoning Code by integration of definitions and allowances which are articulated in State law.

Program 3.I: Allow residential care facilities consistent with State law.

To comply with State law, the City will amend the Zoning Code to permit residential care facilities for six or fewer persons in all residential zoning districts, as well as districts where single-family homes are allowed by-right and treat them as a residential use. The Zoning Code will also be amended to allow large residential care facilities (seven or more persons) in all residential zones without discretionary review (i.e., subject only to objective standards). Residential care facilities will not be limited to individuals of 60 years of age or over, and a barrier-free definition of “family” that encompasses unrelated individuals living together as a single residential unit will be added consistent with State law.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: March 2024
The following program implements the requirements identified within the adopted housing element in that the proposed ordinance by the creation of Article 5 of the Specialized Housing Regulations Chapter in the Zoning Code by asserting that all manufactured housing shall be considered the same as conventional stick-built construction.

Program 3.J: Explicitly allow manufactured homes consistent with State law.

Government Code §65852.3 requires manufactured and mobile homes on a permanent foundation to be allowed in the same manner and in the same zone as a conventional stick-built structure. While it is the City’s practice to treat manufactured homes on a foundation as a conventional single-family home, the Zoning Code does not reflect this practice. The City will amend the Zoning Code to explicitly allow manufactured homes on a permanent foundation, subject to the same regulations as single-family homes and in the same zones as single-family homes.
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Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: March 2024
Discussion:

The actions included within the attached draft ordinance are requirements pursuant to the City’s adopted 6th Cycle Housing Element. Once a jurisdiction takes final action by adopting its housing element this requires immediate action in order to remain compliant with State housing law. The City of Los Altos Housing Element contains several major action items or milestones that must be completed by specific dates as determined within the adopted Housing Element. The draft ordinance before the City Council tonight will effectively accomplish the majority of 8 items or milestones.

Since the City of Los Altos was not found to be in substantial compliance with Housing Element Law within 120-days post the statutory due dates of January 31, 2023, the City of Los Altos must complete all rezoning within 1-year (by 1-31-2024). Since adoption of the Housing Element in January 2023:
 (19) programs have been completed
 (8) programs are in-progress as a part of the amendments before the City Council tonight  (6) programs are in-progress and anticipated to be completed by early to mid-2024 (ontime with HEU due dates)  (38) programs remaining to begin within next 12-24 months (some programs are ongoing and do not have a target completion date)
Failure to Implement Adopted Housing Element Programs
Should the Los Altos City Council not introduce and adopt the draft ordinances the City will be vulnerable to penalties and consequences of housing element noncompliance. HCD is authorized to review any action or failure to act by a local government that determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law. Examples of penalties and consequence of housing element noncompliance:
 General Plan Inadequacy: the housing element is a mandatory element of the General Plan.

When a jurisdiction’s housing element is found to be out of compliance, its General Plan 208
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could be found inadequate, and therefore invalid. Local governments with an invalid General Plan can no longer make permitting decisions.
 Legal Suits and Attorney Fees: local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organization, developers, and HCD. If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid by its own attorneys. Potential consequences of lawsuits include mandatory compliance within 120 days, suspension of local control on building matters, and court approval of housing developments.
 Loss of Permitting Authority: courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction’s General Plan and housing element into substantial compliance with State law. The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances, or subdivision map approvals – giving local governments a strong incentive to bring its housing element into compliance.
 Financial Penalties: court-issued judgement directing the jurisdiction to bring its housing element into substantial compliance with state housing element law. If a jurisdiction’s housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six.
 Court Receivership: courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with housing element law.
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1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 14.34, CHAPTER 14.36, CHAPTER 14.50, AND CHAPTER

14.63 OF THE LOS ALTOS MUNICIPAL CODE TO IMPLEMENT PROGRAM 1.A, PROGRAM 1.B, PROGRAM 1.C, PROGRAM 1.G, PROGRAM 3.I, PROGRAM 3.J OF

THE SIXTH CYCLE HOUSING ELEMENT UPDATE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2023, and November 28, 2023; and
WHEREAS, Program 1.A of the Housing Element Update calls for Rezone for RHNA Shortfall; and
WHEREAS, Program 1.A of the Housing Element Update requires the City of Los Altos to increase housing capacity to accommodate the remaining above moderate-income RHNA within the City of Los Altos; and
WHEREAS, Program 1.B of the Housing Element Update calls for Facilitating Higher Density Housing in the Commercial Thoroughfare (CT) District; and WHEREAS, Program 1.B of the Housing Element Update expressly allows 5-stories, and 55-feet tall buildings with no cap on density limits within the CT District in the City of Los Altos; and WHEREAS, Program 1.C of the Housing Element Update calls for Allowing Housing in the Office Administrative (OA) District; and
WHEREAS, Program 1.C of the Housing Element Update expressly allows residential uses in the Office Administrative (OA) zoning districts with a minimum density of 20 units per acre and maximum of 30 units per acre within the City of Los Altos; and WHEREAS, Program 1.G of the Housing Element Update calls for Rezoning Housing Sites from Previous Housing Elements; and
WHEREAS, Program 1.G of the Housing Element Update expressly allows housing sites from the prior housing element cycle to be allowed by-right within the City of Los Altos; and WHEREAS, Program 3.I of the Housing Element Update calls for Allowing Residential Care Facilities Consistent with State law; and
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2 WHEREAS, Program 3.I of the Housing Element Update expressly allows residential care facilities anywhere that residential zoning is allowed within the City of Los Altos; and WHEREAS, Program 3.J of the Housing Element Update calls for Explicitly Allowing Manufactured Homes Consistent with State law; and
WHEREAS, Program 3.J of the Housing Element Update expressly allows manufactured homes by-right anywhere residential zoning is allowed within the City of Los Altos; 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 CHAPTER 14.34 OF THE MUNICIPAL CODE. Chapter

14.34 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 2. AMENDMENT OF CHAPTER 14.36 OF THE MUNICIPAL CODE. Chapter

14.36 of the Los Altos Municipal Code is hereby amended as set forth in Appendix B to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 3. AMENDMENT OF CHAPTER 14.50 OF THE MUNICIPAL CODE. Chapter

14.50 of the Los Altos Municipal Code is hereby amended as set forth in Appendix C to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 4. AMENDMENT OF CHAPTER 14.63 OF THE MUNICIPAL CODE. Chapter

14.63 of the Los Altos Municipal Code is hereby amended as set forth in Appendix D to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 5. 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 Director of Development Services, in their reasonable discretion, after consulting the City Attorney.

SECTION 6. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 7. 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 __, 2023, and was thereafter, at a regular meeting held on ___, 2023, passed and adopted by the following vote:
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3 AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
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APPENDIX A
AMENDMENTS TO CHAPTER 14.34
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APPENDIX B
AMENDMENTS TO CHAPTER 14.36
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APPENDIX C
AMENDMENTS TO CHAPTER 14.50
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APPENDIX D
AMENDMENTS TO CHAPTER 14.63
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Title 14 - ZONING
Chapter 14.34 OA OFFICE-ADMINISTRATIVE DISTRICT
Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:33 [EST] (Supp. No. 40, Update 2)

Chapter 14.34 OA OFFICE-ADMINISTRATIVE DISTRICT
Sections:

14.34.010 OA Districts.

The regulations, general provisions, and exceptions set forth in this chapter and Chapter 14.66 shall apply in all OA Districts.
(Prior code § 10-2.1301)

14.34.020 Specific purposes (OA).

Specific purposes for OA Districts are as follows:

A. Attract new office development to sites suitable for such use; B. Allow the integration of residential uses and a variety of housing types; B.C. Allow latitude for creative design and architectural variety within limits established. (Prior code § 10-2.1302)

14.34.030 Required conditions (OA).

A. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

B. No property owner, business owner, and/or tenant shall suffer, permit, or allow operation of a business on his or her property or on property upon which his or her business operates to violate the required conditions of this chapter. Enforcement shall be as provided for in Chapter 1.10 of Title 1.

1. General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, (as determined by an acoustical analysis), odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2. Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage, and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other 217
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common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

4. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

5. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6. Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County Health Department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

7. Noise. 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 standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

C. In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities. (Prior code § 10-2.1302.5)

14.34.040 Permitted uses (OA).

The following uses shall be permitted in the OA Districts:

A. Accessory structures and uses customarily incidental to permitted uses; B. Copy reproduction shops;
C. Office-administrative uses;
D. Parking spaces and loading areas; and
B. Residential Only Development(s);
C. Mixed Use Development(s); and
E. Other uses which are determined by the Zoning Administrator commission and the council to be of the same general character.
(Prior code § 10-2.1303)
(Ord. No. 2015-406 , § 2, 2-10-2015; Ord. No. 2015-414 , § 6, 9-8-2015)

14.34.050 Conditional uses (OA).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in OA Districts:

A. Blueprinting shops; Reprographic Uses;
B. Data processing centers;
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C. Drive-in facilities, except car washes;
D.C. Medical and dental clinics;
E. Medical and dental offices that are five thousand (5,000) gross square feet or more; F.D. Mortuaries; and
G.E. Other uses which are determined by the commission and the council to be of the same general character.
(Prior code § 10-2.1304)
(Ord. No. 2015-406 , §§ 3, 4, 2-10-2015)

14.34.065 Allowed Density (OA).

Residential uses will be allowed at a minimum density of twenty (20) dwelling units per acre and a maximum density of thirty (30) dwelling units per acre.

14.34.060 Coverage (OA).

The maximum coverage for all structures shall be fifty (50) percent of the total site area; provided, however, the maximum coverage may be increased to seventy-five (75) percent of total gross lot area if required off-street parking is provided underground. Lot coverage measures the portion of a lot that is covered by habitable structures only and excludes all non-habitable exterior improvements or structures. (Prior code § 10-2.1305)

14.34.070 Front yard (OA).

The minimum depth of front yards shall be eighteen five (185) feet, all with a minimum of fifty (50) percent of which shall be landscaped. For purposes of this section, "landscaped" shall mean any combination of plant material ("soft surfaces") and decorative paving, steps, seating, seat-walls, fountains, etc., ("hard surfaces") where the soft surface comprises at least sixty (60) percent of the total landscaped area. (Prior code § 10-2.1306)

14.34.080 Side yards (OA).

The minimum depth of side yards shall be ten five (105) feet percent of the width of the site except where immediately abutting an R1-10 District, in which case the side yard shall be twenty-five (25) feet. Two or more parcels may develop as a combined project with abutting buildings subject to the approval of the commission.

Where the yard abuts a residential property fencing, landscaping, and other measures shall be used to reduce the impact.
(Prior code § 10-2.1307)
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14.34.090 Rear yard (OA).

The minimum depth of rear yards shall be ten fifteen (1015) feet except where immediately abutting an R1- 10 District, in which case the rear yard shall be twenty-five thirty (2530) feet. Where the yard abuts a residential property fencing, ten (10) feet of landscaping, and other measures shall be used to reduce the impact. (Prior code § 10-2.1308)

14.34.100 Site area (OA).

The minimum site area shall be five thousand one hundred (5,100) square feet if the lot was in single ownership on January 13, 1967; otherwise, the minimum lot area shall be nine thousand (9,000) square feet. (Prior code § 10-2.1309)

14.34.110 Off-street parking (OA).

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities built as part of building projects shall:

A. Reduce the visual impact of pParking structures and surface parking lots shall be by locating them located at the rear of the parcel or below ground; interior portions of building sites; B. Keep the n Number of direct entrances to parking facilities from streets to a minimum with a maximum of two (2) excluding any required emergency access;
C. Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature; D. Provide a minimum of interior landscaping for unenclosed parking facilities as follows: Where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area.

Parking Area Minimum
Landscaping
(in square feet) (% of Parking Area)
< 15,000 5
15,000 — 29,999 7.5
≥ 30,000 10
E. Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained.

F. Provisions of Section 14.34.110 which differ from Chapter 14.74 can be reduced or waived in its entirety by the authority of the Zoning Administrator.
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(Prior code § 10-2.1310)

14.34.120 Off-street loading and refuse collection (OA).

A. Where buildings are sewed by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B. A minimum of thirty-two (32) square feet of on-site refuse collection area shall be provided on each lot or premises and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley.

C. On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets and windows of neighboring buildings will be minimized.

D. Refuse collection areas and dumpsters shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets and neighboring properties. (Prior code § 10-2.1311)

14.34.130 Height of structures (OA).

The maximum height of structures shall be two stories of a maximum of thirty (30) feet, whichever is the lesser as measured from the sidewalk. Mechanical equipment and elevator shafts shall be included in the maximum height. The height may be exceeded, up to a maximum of thirty-five (35) feet for appurtenances such as towers, spires, cupolas, chimney, and antenna. The height shall not preclude a fully submerged basement. a. Residential Only Development(s) building height shall be a maximum of forty (40) feet and four (4) stories.
b. Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories. c. Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and two (2) stories.
(Prior code § 10-2.1312)

14.34.140 Design control (OA).

A. No structure shall be built or altered including exterior changes in color, materials, and signage in the OA District except upon approval of the city planner for minor changes and architecture and site approval to be obtained as prescribed in Chapter 14.66 of this title for major changes.

B. No building or portion thereof shall project over the public right-of-way above ground level; provided, however, that awnings and canopies may encroach into the public right-of-way.

C. Building surface materials and colors.

1. Surface materials shall only be those which are in keeping with the traditional materials of the community. These include:
i. Natural materials such as wood, brick, or natural unpolished stone; ii. Roofing materials such as wood shakes or tile;
iii. Stucco (painted); and
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iv. Glass.

2. Not more than forty (40) percent of any exterior building elevation above the first story shall consist of glass or any other material that resembles glass.

3. Surface materials that are not in keeping with the existing character of the community are prohibited, including but not limited to:
i. Extensive use of metal panels of any kind;
ii. Mirrored or highly reflective glass in any quantity; iii. Glazed tiles covering more than ten (10) percent of any building elevation; iv. Polished marble, granite, terrazzo, or similar materials covering more than ten (10) percent of any building elevation;
v. Plain or painted concrete, concrete block, or cinder block; vi. Plastic materials of any kind except for awnings attached to the building.

4. Surface colors should be those which are in keeping with the established character of the community and the street, with earth tones dominant. These include:
i. White and shades of white, including cream and ivory; ii. Brown, and shades of brown, including tan and beige; and iii. Natural red-brick tones, including wood-painted barn reds.

5. When other colors are permitted, the user of one or more colors described in subsections (C)(4)(i), (C)(4)(ii), and (C)(4)(iii) of this section shall be incorporated. Bright, highly reflective, or garish colors are not in keeping with the established character of the community and are expressly prohibited.

6. No change in building surface material or color shall be made following architectural and site control committee approval except upon approval of the city planner for minor changes and architecture and site approval to be obtained as prescribed in Chapter 14.78 for major changes.

D. Rooftop mechanical equipment must be within the height limit and screened architecturally from public view. By November 30, 1991, existing unconcealed rooftop equipment shall be concealed.

E. Scale. Because of the location of this district to a larger region, a mixture of scales may be appropriate, with most elements scaled for appreciation from the street and moving automobile; however, within the context of the residential neighborhood, design for appreciation by pedestrians may be appropriate.

F. Design control. The portions of building elements at a commercial/residential interface shall be designed to protect residential privacy (including but not limited to window placement), daylight, and environmental quality.

G. Firewalls. Consideration should be given to the aesthetic treatment of firewalls including increased side yard setbacks, contouring the firewall to the building, use of noncombustible roofing materials, and creative use of architectural features in the firewall.

H. Presentation materials. Graphics presented to the architectural and site control committee and the planning commission to explain the character of a proposed development shall be adequate to show neighboring buildings and important features of adjacent sites in sufficient detail to enable evaluation of the relationship of the proposed development to its context. Elevations facing the public street shall be drawn at a scale of ¼″ = 1′ 0″.
(Amended during 2/06 supplement; prior code § 10-2.1313) 222
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A. Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B. Building Massing and Articulation.

1. Upper-story Step-backs, Front and Street Side.
a. Along all frontages, the third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers.
b. For buildings over three stories along all frontages, the uppermost story must be embedded in a sloped roof form.

2. Upper Story Step-backs, Side Interior and Rear where Abutting an R-1 District. a. The third story must be either stepped back a minimum five (5) feet from ground floor façade or embedded in a sloped roof form.
b. For buildings over three stories, the uppermost story must be embedded in a sloped roof form.

3. Vertical Articulation.
a. When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide. b. A minimum one entrance shall be provided per primary façade bay. c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

4. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
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i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other similar elements. These elements shall be consistent with the overall architectural style of the building mass/bay.

5. Adjacencies.
a. Façades adjacent to an R-1 District.
i. Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.
ii. When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.
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b. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

6. Privacy and Line of Sight.
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

7. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
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ii. Gable.
iii. Shed.
iv. Dormer.
v. Parapet.
(a) Not allowed on frontages facing R-1 District.
(b) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(c) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
b. When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.
c. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.

C. Building Design.

1. Façade Design.
a. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually 226
Agenda Item # 4.

Created: 2023-06-28 07:56:33 [EST]
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expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.
b. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
c. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
d. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2. Pedestrian-Scaled Entrances.
a. Building entrances must incorporate at least one of the following entry features. See Section

14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Stoop.
ii. Dooryard.
iii. Shopfront.
(a) Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet. iv. Gallery.
v. Arcade.
vi. Forecourt.
(a) Forecourts must feature at least one entry to a shop and/or second floor use. (b) Forecourts for buildings more than seventy (70) feet in length along a right-ofway must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth. (c) The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).
(d) Forecourt must be enclosed on at least three sides by buildings. (e) Forecourt must remain open to the sky (arbors and trellises are allowed). b. Primary Entrance Location(s). The building entrance shall be located along the primary right-ofway. 227
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c. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
d. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
e. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
f. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

3. Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floorto-ceiling. 228
Agenda Item # 4.

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(Supp. No. 40, Update 2)

4. Interior Courtyard. Interior courtyards must be:
a. Enclosed on at least two sides by buildings.
b. Open to the sky (arbors and trellises are allowed).
c. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

5. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.

D. Window Design.

1. Window frames, backbands, and sills.
a. All windows shall have a sill.
i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.

2. Vinyl windows are prohibited on façades visible from a right-of-way.

3. Tinted glass is not allowed.

E. Building Materials.

1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.

Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco;).
b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
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iii. Vinyl and aluminum not permitted.
c. Stone.
d. Brick.

2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile (for bulkheads below display windows and decorative accents only). f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (building base only, board-form only, cast concrete not permitted).

F. Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, onsite ground-level open space shall be provided within the setback.

1. The ground level open space shall be usable and accessible.

2. The minimum dimension for ground level open space shall be eight feet.

G. Landscaping, Paving and Pedestrian Amenities.

1. Landscape elements shall be integrated with the building architecture, parking, and streetscape.

Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. 230
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c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

2. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H. Site Circulation and Access.

1. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance.

I. Service Areas and Screening.

1. Service areas must be located at the rear of lot.

2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

14.34.150 Nonconforming use regulations (OA).
(As provided in Chapter 14.66 of this title.)
(Prior code § 10-2.1314)
231
Agenda Item # 4.

Title 14 - ZONING
Chapter 14.36 OA-1/OA-4.5 OFFICE-ADMINISTRATIVE DISTRICT Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:33 [EST] (Supp. No. 40, Update 2)

Chapter 14.36 OA-1/OA-4.5 OFFICE-ADMINISTRATIVE DISTRICT1 Sections:

14.36.010 OA-A1 and OA-4.5 Districts.

The regulations, general provisions, and exceptions set forth in this article and in this chapter and Chapter

14.66 shall apply in the OA-1 and OA-4.5 Districts as specified. (Prior code § 10-2.1401)

14.36.020 Specific purposes (OA-1, Altos Oaks Avenue).

A. Ensure the retention of design and scale compatible with the surrounding residential properties; B. Promote and retain a residential design reflected in architectural and landscaping style, building orientation, and site amenities;
C. Enhance landscaping and pedestrian amenities, with particular attention to the front yard. (Prior code § 10-2.1401.1)

14.36.025 Review Authority of Design Review (OA-1 and OA-4.5).

The development of any housing development within the OA-1 and OA-4.5 zoning districts shall be subject to design review by the zoning administrator only following a noticed public hearing. Notwithstanding any other provision of this code, and unless otherwise required by state law, any additional planning applications for such a project including, without limitation, tentative or parcel maps, variance requests, or conditional use permits, shall be heard and decided by the zoning administrator concurrently with the design permit application. As used in this subsection, a "housing development project" includes a project to construct one or more dwelling units, including a mixed-use development project for which not more than one-third of total floor area is dedicated for commercial use. Review procedures not otherwise covered by this chapter shall be reviewed in accordance with Chapter 14.78 of the Los Altos Municipal Code.

14.36.030 Required conditions (OA-1 and OA-4.5).

A. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

B. No property owner, business owner, and/or tenant shall suffer, permit, or allow operation of a business on his or her property or on property upon which his or her business operates to violate the "required conditions" of this article. Enforcement shall be as provided for in Chapter 1.10 of this code.

1Editor's note(s)—Ord. No. 10-346, § 3, adopted March 9, 2010, changed the title of ch. 14.36 from "OA and OA4.5 Office-Administrative Districts" to "OA-1/OA-4.5 Office-Administrative District." 232
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(Supp. No. 40, Update 2)

1. General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, (as determined by an acoustical analysis), odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2. Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

4. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

5. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6. Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

7. Noise. 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 standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

C. In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities. (Prior code 10-2.1401.2)

14.36.040 Permitted uses (OA-1 and OA-4.5).

The following uses shall be permitted in the OA-1 and OA-4.5 Districts:

A. Office-administrative uses;
B. Travel agencies; Residential Only Development(s); and C. Parking spaces and loading areas; and
D. Other uses which are determined by the Zoning Administrator commission and the council to be of the same general character.
(Prior code § 10-2.1402)
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(Supp. No. 40, Update 2)

(Ord. No. 2015-406 , § 2, 2-10-2015; Ord. No. 2015-414 , § 7, 9-8-2015)

14.36.050 Conditional uses (OA-1 and OA-4.5).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in OA-1 and OA-4.5 Districts:

A. Medical and dental offices that are five thousand (5,000) gross square feet or more, except when located in a ground floor building space that fronts directly onto First Street, Main Street or State Street; and
B. Medical and dental clinics, except when located in a ground floor building space that fronts directly onto First Street, Main Street or State Street;
C. Other uses which are determined by the commission and the council to be of the same general character.
(Ord. No. 2015-406 , § 5, 2-10-2015)
Editor's note(s)—Ord. No. 2015-406 , § 5, adopted Feb. 10, 2015, renumbered §§ 14.36.050—14.36.170 as §§

14.36.060—14.36.180 and enacted a new § 14.36.050 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

14.36.055 Allowed Density (OA).

Residential uses will be allowed at a minimum density of twenty (20) dwelling units per acre and a maximum density of thirty (30) dwelling units per acre.

14.36.060 Site area (OA-1 and OA-4.5).

The minimum site area shall be as follows:

District Minimum Site Area
OA-1 14,000 square feet
OA-4.5 4,500 square feet where the lot is in single ownership on December 8, 1959; otherwise the minimum sit area shall be 9,000 square feet.

OA-1 and OA 4.5 4,500 square feet
(Prior code § 10-2.1403)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.070 Coverage (OA-1 and OA-4.5).

The maximum coverage shall be as follows:

District Maximum Coverage
OA-1 30 percent of total area of area
OA-4.5 40 percent of total area of site
OA-1 and OA 4.5 75 percent of total area of site
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*Lot coverage measures the portion of a lot that is covered by habitable structures only and excludes all nonhabitable exterior improvements or structures. (Prior code § 100-2.1404)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.080 Floor area ratio (OA-1 and OA-4.5).

The maximum floor area ratio shall be as follows:

District Maximum Floor Area Ratio
OA-1 None
OA-1 (Altos Oaks Avenue) 35 percent of total area of site None OA-4.5 None
(Prior code § 10-2.1404.1)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.090 Front yard (OA-1 and OA-4.5).

The minimum depth of front yards shall be as follows:

District Minimum Depth of Front Yard
OA-1 2010 feet
OA-4.5 10 feet
(Prior code § 10-2.1405)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.100 Side yards (OA-1 and OA-4.5).

A. The minimum width depth of side yards shall be ten five (105) feet percent of the width of the site, subject to the following exceptions: except where immediately abutting an R1-10 District, in which case the side yard shall be ten (10) feet.

1. On a corner lot in an OA-1 District, the minimum width of the side yard adjoining the street shall be twenty (20) feet.

2. On a corner lot in an OA-4.5 District, the minimum width of the side yard adjoining the street shall be ten (10) feet.
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B. Five feet shall be added to each minimum side yard for each story above the first story or for each ten (10) feet of height, or fraction thereof, above the lowest twelve (12) feet of the height of the structure, whichever requires the lesser addition.
(Prior code § 10-2.1406)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.110 Rear yard (OA-1 and OA-4.5).

The minimum depth of rear yards shall be twenty-five (250) feet except where the rear yard abuts on an alley, the minimum depth of the rear yard shall be ten (10) feet. One-story garages, carports, and other accessory structures may be located in the required rear yard provided not more than twenty (20) percent of the area of the required rear yard shall be covered by structures. Where the property abuts an alley, no structure shall be permitted in the rear yard.
(Prior code § 10-2.1407)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.120 Off-street parking (OA-1 and OA-4.5).
(As provided in Chapter 14.74 of this title.)
(Prior code § 10-2.1408)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.130 Height of structures (OA-1 and OA-4.5).

The maximum height of structures shall be two stories or thirty (30) feet, whichever is the lesser. This shall not preclude a basement.
a. Residential Only Development(s) building height shall be a maximum of forty (40) feet and four (4) stories.
b. Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories. c. Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and two (2) stories.
(Prior code § 10-2.1409)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.
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14.36.140 Screening and landscaping (OA-1 and OA-4.5).

A. To ensure privacy, screen unsightliness, and insulate against noise, adequate screening shall be provided where the site of a professional or administrative office adjoins a dwelling in an R1-10 District, a vacant site in an R1-10 District, or R1-10 structures in a planned unit development. In OA-1 Districts such screening shall be at least ten (10) feet wide where abutting the R1-10 District.

B. The screening required by this section shall consist of masonry walls, board fences, compact evergreen hedges, or any combination of such elements which may be found appropriate by the building and planning department.

C. On sites of professional or administrative offices, the required front yard, the required rear yard on a double frontage lot, and the required side yard on the street side of a corner lot shall be landscaped and permanently maintained. All areas in which landscaping is required shall be used exclusively for landscaping purposes.
(Prior code § 10-2.1410)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.150140 Design control (OA-1 and OA-4.5).

As provided in Chapter 14.66 of this title and as follows:

A. No structure shall be built or altered including exterior changes in color, materials, and signage except upon approval of the city planner for minor changes and architectural and site approval to be obtained as prescribed in Chapter 14.78 of this title for major changes.

B. Scale. When the location of this district is to a larger region such as the OA-1 District in the El Camino corridor, a mixture of scales may be appropriate with some elements scaled for appreciation from the street and moving automobile and others for appreciation by pedestrians.

In Altos Oaks OA-1 District, elements of design shall retain the low-profile residential appearance and surface materials shall only be those which are in keeping with the traditional materials of the district.

C. The proportions of building elements, especially those at ground level, should be kept close to human scale by using recesses, courtyards, entries, or outdoor spaces.

D. The proportions of building elements at a commercial/residential interface shall be designed to protect residential privacy (including but not limited to window placement), daylight, and environmental quality.

E. Rooftop mechanical equipment must be within the height limit and screened architecturally from public view.

F. Firewalls. Consideration should be given to the aesthetic treatment of firewalls including increased side yard setback, contouring the firewall to the building, use of noncombustible roofing materials, and creative use of architectural features in the firewall.

G. Presentation materials. Graphics presented to the architectural and site control committee and planning commission to explain the character of a proposed development shall be adequate to show neighboring buildings and important features of adjacent sites in sufficient detail to enable evaluation 237
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(Supp. No. 40, Update 2)

of the relationship of the proposed development to its context. Evaluations facing the public street shall be drawn at a scale of ¼″ = 1′ 0″.
(Amended during 2/06 supplement; prior code § 10-2.1411) A. Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B. Building Massing and Articulation.

1. Upper-story Step-backs, Front and Street Side.
a. Along all frontages, the third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers.
b. For buildings over three stories along all frontages, the uppermost story must be embedded in a sloped roof form.

2. Upper Story Step-backs, Side Interior and Rear where Abutting an R-1 District. a. The third story must be either stepped back a minimum five (5) feet from ground floor façade or embedded in a sloped roof form.
b. For buildings over three stories, the uppermost story must be embedded in a sloped roof form.

3. Vertical Articulation.
a. When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide. b. A minimum one entrance shall be provided per primary façade bay. c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.
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4. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other similar elements. These elements shall be consistent with the overall architectural style of the building mass/bay.

5. Adjacencies.
a. Façades adjacent to an R-1 District.
i. Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.
ii. When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.
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b. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

6. Privacy and Line of Sight.
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

7. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
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ii. Gable.
iii. Shed.
iv. Dormer.
v. Parapet.
(a) Not allowed on frontages facing R-1 District.
(b) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(c) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
b. When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.
c. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.

C. Building Design.

1. Façade Design.
a. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually 241
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expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.
b. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
c. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
d. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2. Pedestrian-Scaled Entrances.
a. Building entrances must incorporate at least one of the following entry features. See Section

14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Stoop.
ii. Dooryard.
iii. Shopfront.
(a) Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet. iv. Gallery.
v. Arcade.
vi. Forecourt.
(a) Forecourts must feature at least one entry to a shop and/or second floor use. (b) Forecourts for buildings more than seventy (70) feet in length along a right-ofway must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth. (c) The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).
(d) Forecourt must be enclosed on at least three sides by buildings. (e) Forecourt must remain open to the sky (arbors and trellises are allowed). b. Primary Entrance Location(s). The building entrance shall be located along the primary right-ofway. 242
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c. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
d. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
e. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
f. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

3. Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floorto-ceiling. 243
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4. Interior Courtyard. Interior courtyards must be:
a. Enclosed on at least two sides by buildings.
b. Open to the sky (arbors and trellises are allowed).
c. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

5. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.

D. Window Design.

1. Window frames, backbands, and sills.
a. All windows shall have a sill.
i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.

2. Vinyl windows are prohibited on façades visible from a right-of-way.

3. Tinted glass is not allowed.

E. Building Materials.

1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.

Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco;).
b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
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iii. Vinyl and aluminum not permitted.
c. Stone.
d. Brick.

2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile (for bulkheads below display windows and decorative accents only). f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (building base only, board-form only, cast concrete not permitted).

F. Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, onsite ground-level open space shall be provided within the setback.

1. The ground level open space shall be usable and accessible.

2. The minimum dimension for ground level open space shall be eight feet.

G. Landscaping, Paving and Pedestrian Amenities.

1. Landscape elements shall be integrated with the building architecture, parking, and streetscape.

Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. 245
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c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

2. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H. Site Circulation and Access.

1. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance.

I. Service Areas and Screening.

1. Service areas must be located at the rear of lot.

2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.160 Signs (OA-1 and OA-4.5).
(As provided in Chapter 14.68 of this code.)
(Prior code § 10-2.1412)
(Ord. No. 2015-406 , § 5, 2-10-2015; Ord. No. 2015-413, § 12, 9-8-2015) Note(s)—See the editor's note to § 14.36.050.

14.36.170 Fences (OA-1 and OA-4.5).
(As provided in Chapter 14.72 of this title.)
(Prior code § 10-2.1413)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.

14.36.180150 Nonconforming use regulations (OA-1 and OA-4.5). (As provided in Chapter 14.66 of this title.)
(Prior code § 10-2.1414)
(Ord. No. 2015-406 , § 5, 2-10-2015)
Note(s)—See the editor's note to § 14.36.050.
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Title 14 - ZONING
Chapter 14.50 CT COMMERCIAL THOROUGHFARE DISTRICT*
Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:38 [EST] (Supp. No. 40, Update 2)

Chapter 14.50 CT COMMERCIAL THOROUGHFARE DISTRICT*
Sections:

14.50.010 CT District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CT District.
(Ord. 04-259 § 1 (part))

14.50.020 Specific purposes (CT).

Specific purposes for CT Districts are as follows:

A. To encourage a variety of residential developments, including affordable housing development; B. To promote the economic and commercial success of Los Altos; C. To encourage aggregation of parcels;
D. To buffer the impacts of commercial and multi-family land uses on neighboring residential properties; E. To emphasize a healthy proportion of retail uses as opposed to office and service uses; and F. To allow for mixed uses of commercial and residential (Ord. 04-259 § 1 (part))
Ord. No. 2017-436 , § 1, 10-10-2017)

14.50.030 Permitted uses (CT).

The following uses shall be permitted in the CT District:

A. Professional and office-administrative services;
B. Restaurants, excluding drive-through facilities;
C. Retail and personal services;
D. Residential Only Development(s);
E. Mixed Use Development(s);
F. Single Room Occupancy (SRO) Housing;
D.G. Emergency shelters; and
E.H. Uses which are determined by the city planner Zoning Administrator to be of the same general character.
(Ord. 05-280 § 8 (part): Ord. 04-259 § 1 (part))
(Ord. No. 2015-406 , § 2, 2-10-2015; Ord. No. 2015-408 , § 2, 6-9-2015) 248
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14.50.040 Conditional uses (CT).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CT District:

A. Animal clinics, hospitals, and kennels;
B. Business, professional, and trade schools;
C. Cocktail lounges;
D.C. Commercial recreation;
E.D. Day care centers;
F.E. Hotels and motels;
G.F. Medical and dental clinics;
H. Medical and dental offices that are five thousand (5,000) gross square feet or more; I. Mixed-use projects, including a combination of multiple-family dwelling units and nonresidential uses; J.G. Mortuaries;
K. Multiple-family housing;
L.H. Pet shops;
M.I. Printing shops;
N. Single-room occupancy housing;
O.J. Upholstery shops; and
P.K. Uses which are determined by the planning commission and the city council to be of the same general character.
(Ord. 05-280 § 8 (part): Ord. 04-259 § 1 (part))
(Ord. No. 2015-406 , §§ 3, 4, 2-10-2015; Ord. No. 2015-409 , § 2, 6-9-2015)

14.50.050 Limited conditional uses (CT).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted except on parcels within fifty (50) feet of an R District:

A. Automotive display or salesrooms, servicing and repair; B. Cabinet and carpenter shops;
C. Drive-through facilities, including car washes;
D. Service stations provided the site has at least one hundred (100) feet of frontage on a street with a minimum site area of twenty thousand (20,000) square feet; E. Sheet metal shops;
F. Sign painting shops; and
G. Theaters and auditoriums.
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(Ord. 04-259 § 1 (part))
(Ord. No. 10-348, § 6, 4-13-2010)

14.50.060 Required conditions (CT).

The following conditions shall be required of all uses in the CT District:

A. All businesses, services, and processes shall be conducted within a completely enclosed structure, except for recycling facilities, parking and loading areas, outdoor dining areas, nurseries, the sale of gasoline and oil at service stations, bus depots, or as permitted under the terms of a permit issued pursuant to Chapter 14.80 of this title.

B. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

C. No property owner, business owner, or tenant shall permit or allow activities, which violate the requirements of this chapter, including the following general criteria:

1. General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2. Access and screening of refuse collection. Every development will be required to provide suitable space on-site for solid waste separation, collection, storage, and pick up and shall site these in locations that facilitate access, collection, and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3. Lighting. Lighting within any lot that unnecessarily illuminates any other lot or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting shall be designed to minimize the glare and intensity of external illumination, and to respect the privacy of neighbors by avoiding direct and reflected illumination onto adjacent properties.

4. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area Air Quality Management District shall comply with applicable state standards concerning air pollution.

5. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6. Odors. No use may generate any odor that reasonably may be found objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area Air Quality Management District beyond the boundary occupied by the enterprise generating the odor. All mechanical, venting, and/or exhausting equipment that generates odors shall be located away from residential properties.

7. Noise. 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 250
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property, either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code. All mechanical, venting, and/or exhausting equipment that generates noise shall be located away from residential properties. Exterior heating, venting, and air-conditioning facilities shall be muffled.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial or residential interface. (Ord. 04-259 § 1 (part))
(Ord. No. 2017-436 , § 1, 10-10-2017)

14.50.070 Site area (CT).

The minimum site area shall be twenty thousand (20,000) square feet. The minimum site frontage shall be seventy-five (75) feet.
(Ord. 04-259 § 1 (part))

14.50.080 Residential density (CT).

The maximum permitted residential density shall be thirty-eight (38) dwelling units per net acre of land.

No residential density shall be applicable within the Commercial Thoroughfare Zoning District. (Ord. 04-259 § 1 (part))

14.50.090 Front yard (CT).

The minimum front yard depth shall be twenty-five (250) feet, with a minimum of fifty (50) percent of which shall be landscaped.
(Ord. 04-259 § 1 (part))

14.50.100 Side yards (CT).

Side yard width shall average seven feet six inches with a minimum setback of four feet over the length of the wall of the structure at the side yard, except that on a corner lot, the width of the side yard adjoining the street shall average fifteen (15) feet with a minimum setback of four feet. For a property that abuts an R District (excluding access corridors), the following requirements shall apply:

A. When the side property line of the site is across a street or alley from property in an R District, in which instance the minimum width of that side yard shall be thirty (30) feet; B. When the side property line of the site abuts on property in an R District, in which instance the minimum width of that side yard shall be forty (40) feet for any portion of a structure thirty (30) feet or less in height and one hundred (100) feet for any portion of a structure over thirty (30) feet in height; C. A minimum twenty (20) foot landscape buffer of evergreen trees and shrubs to provide screening shall be provided, all of which shall be permanently maintained by the property owner. No below grade garage construction or excavation is permitted within this landscape buffer. (Ord. 04-259 § 1 (part))
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a. The minimum interior side yard depth shall be ten (10) feet, with a minimum of fifty (50) percent of which shall be landscaped.
b. The minimum exterior side yard depth shall be fifteen (15) feet, with a minimum of fifty (50) percent of which shall be landscaped.
(Ord. No. 2017-436 , § 1, 10-10-2017)

14.50.110 Rear yard (CT).

No rear yard shall be required, unless the property abuts an R district (excluding access corridors) in which case the following requirements shall apply:

A. When the rear property line of the site is across a street or alley from property in an R District, the rear yard setback shall be thirty (30) feet for all structures thirty (30) feet or less in height and seventy (70) feet for all structures over thirty (30) feet in height; B. When the rear property line of the site abuts on property in an R District, the rear yard setback shall be forty (40) feet for all structures thirty (30) feet or less in height and one hundred (100) feet for all structures over thirty (30) feet in height;
C. A minimum twenty (20) foot landscape buffer of evergreen trees and shrubs to provide screening shall be provided, all of which shall be permanently maintained by the property owner. No below grade garage construction or excavation is permitted within this landscape buffer.

The minimum rear yard depth shall be twenty-five (25) feet, with a minimum of fifty (50) percent of which shall be landscaped.
(Ord. 04-259 § 1 (part))
(Ord. No. 10-351, § 1, 5-25-2010)

14.50.120 Off-street parking (CT).

As provided in Chapter 14.74 of this title.
(Ord. 04-259 § 1 (part))

14.50.130 Off-street loading (CT).

As provided in Chapter 14.74 of this title.
(Ord. 04-259 § 1 (part))

14.50.140 Height of structures (CT).

No structure shall exceed forty-five (45) feet in height. Commercial and mixed-use projects that include ground floor commercial floor area shall provide a ground floor with a minimum interior ceiling height of twelve (12) feet.
a. Residential Only Development(s) building height shall be a maximum of fifty-five (55) feet and five (5) stories.
b. Mixed Use Development(s) building height shall be a maximum of sixty (60) feet and five (5) stories. 252
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c. Non-Residential Use Only Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories.
(Ord. 08-323 § 1: Ord. 04-259 § 1 (part))
(Ord. No. 10-351, § 2, 5-25-2010)

14.50.150 Open space (CT).

All multiple-family residential projects, including mixed-use projects with multiple-family dwelling units, except duplexes, shall provide permanently maintained outdoor open space, subject to the following requirements:

A. Although not required for each dwelling unit, an average of fifty (50) square feet of private open space shall be provided for the total number of dwelling units within a project.

B. Any private open space provided shall be at the same level and immediately accessible from the unit it serves. The provision of private open space shall not reduce the common open space requirements of this section.

C. Depending on the number of dwelling units in a multiple-family project, common open space shall be provided to meet the following criteria:

1. Two to ten (10) units: a minimum of eight hundred (800) square feet of common open space shall be provided.

2. Eleven (11) to twenty-five (25) units: a minimum of one thousand six hundred (1,600) square feet of common open space shall be provided.

3. Twenty-six (26) to fifty (50) units: a minimum of two thousand four hundred (2,400) square feet of common open space shall be provided.

4. Fifty-one (51) or more units: a minimum of three thousand two hundred (3,200) square feet of common open space shall be provided.

D. Common open space areas:

1. Shall be designed to be easily accessible and shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of the project;

2. Shall be provided as continuous, usable site elements of sufficient size to be usable by residents that may be within the rear yard setback;

3. Shall not include driveways, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space.

4. Common open space areas shall be surfaced with any practical combination of landscaping, paving, decking, concrete, or other serviceable material with no more than fifty (50) percent of the area at grade level covered with a non-permeable surface.

E. Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners' association. Provisions for control and maintenance shall be included in any property covenants of common interest developments. (Ord. No. 2017-436 , § 1, 10-10-2017)
Editor's note(s)—Ord. No. 2017-436 § 1, adopted October 10, 2017, enacted new provisions set out as §§

14.50.150, 14.50.160, and 14.50.180, and subsequently renumbered former §§ 14.50.150 through 14.50.180 253
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as 14.50.170 and 14.50.190 through 14.50.210. Historical notation to the former sections have been retained for reference purposes.

14.50.160 Rooftop uses (CT).

Rooftop activities or uses are permitted within the perimeter walls of a structure that meet all setback standards provided also that any such activities or uses are accessory to the principal use or uses of the development, and provided further, activities shall comply with the following performance standards:

A. No use shall be established or activity conducted that violates the noise standards and limits identified in Chapter 6.16, Noise Control, of the Municipal Code.

B. No activity shall be conducted which causes ground vibrations perceptible at the property line.

C. No lighting or illuminated device shall be operated so as to create glare which creates a hazard or nuisance on other properties.

D. No use or activity shall be conducted without first obtaining any required permit from the county air pollution control district. Uses shall be conducted to prevent dust or other airborne material from crossing property lines.

E. Solid wastes shall be handled and stored so as to prevent nuisances, health and fire hazards, and to facilitate recycling. Suitable containers shall be provided to prevent blowing or scattering of trash and screened by an enclosure. Suitable concealed space and containers shall be provided at the roof top to encourage the appropriate sorting and collection of discarded materials.

F. No use may generate any odor that reasonably may be found objectionable as determined by an appropriate agency such as the Santa Clara County Health Department and the Bay Area Air Quality Management District beyond the boundary occupied by the enterprise generating the odor. All mechanical, venting, and/or exhausting equipment that generates odors shall be located away from residential properties.

G. The use of conventional energy sources for space heating and cooling, water heating, and illumination shall be minimized by means of proper design and orientation, including provision and protection of solar exposure.

H. These performance standards are general requirements and shall not be construed to prevent the council, boards or commission with review authority or staff from imposing, as part of project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.
(Ord. No. 2017-436 , § 1, 10-10-2017)
Editor's note(s)—See Editor's Note § 14.50.150.

14.50.170 Design control (CT).

A. Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages facing El Camino Real must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B. Building Massing and Articulation.

1. Upper-story Step-backs.
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(Supp. No. 40, Update 2)

a. Front: Minimum ten (10) feet from ground floor façade for stories above forty-five (45) feet in height.
b. Street Side: Minimum ten (10) feet from ground floor façade for stories above forty-five (45) feet in height.

2. Vertical Articulation.
a. When a building façade exceeds one hundred (100) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide. b. A minimum one entrance shall be provided per one hundred fifty (150) linear feet along El Camino Real and per primary façade bay along all other rights-of-way. c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

3. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.50.170.B.6. These elements shall be consistent with the overall architectural style of the building mass/bay.
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4. Adjacencies.
a. Façades Adjacent to an R-1 District.
i. Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.
ii. When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.
iii. Balconies, roof decks and other habitable outdoor space are not allowed on upper-story façades abutting R-1 zones.
iv. Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upperstory façades abutting R-1 zones. 256
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b. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.
c. Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:
i. Incorporate the uppermost floor into the roof form.
ii. Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.
iii. Match window heights and/or proportions.
iv. Relate roof cornices and moldings at floor lines.

5. Privacy and Line of Sight.
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque. c. The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

6. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
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(Supp. No. 40, Update 2)

ii. Gable.
iii. Shed.
iv. Dormer.
v. Parapet.
(a) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(b) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
b. When the top story is stepped back and embedded in a sloped roof form, the floor below must (and other floors may) be stepped back to meet the slope of the top story. c. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.

C. Building Design.

1. Façade Design.
a. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.
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b. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
c. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
d. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2. Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

3. Pedestrian-Scaled Entrances.
a. Buildings more than seventy (70) feet in length along a right-of-way must incorporate at least one forecourt frontage on the right-of-way-facing façade. Required forecourts must also comply with the standards of Section 14.50.170.C.3.b.v. below.
b. Each street-facing building façade must incorporate at one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Stoop.
ii. Shopfront.
(a) Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet. iii. Gallery.
iv. Arcade.
v. Forecourt.
(a) Forecourts must feature at least one entry to a shop and/or second floor use. (b) The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).
(c) Forecourt must be minimum fifteen (15) feet in width. (d) Forecourt must be enclosed on at least three sides by buildings. (e) Forecourt must remain open to the sky (arbors and trellises are allowed). 259
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vi. Terrace.
c. Primary Entrance Location(s). Locate primary entrance on the front right-of-way. d. Individual Entries. Ground floor residential units facing a street must provide individual entries along the street frontage.
e. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
f. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
g. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
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Created: 2023-06-28 07:56:37 [EST]
(Supp. No. 40, Update 2)

h. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

4. Ground Floor Floor-to-Ceiling Height.
a. Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height where ground floor is non-residential.
b. Minimum twelve (12) inches taller than typical upper floor floor-to-ceiling where ground floor is residential.

5. Interior Courtyard. Interior courtyards must be:
a. Partially visible from the street and linked to the street by a clear accessible path of travel. b. Enclosed on at least two sides by buildings.
c. Open to the sky (arbors and trellises are allowed).
d. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.

D. Window Design. Vinyl windows are prohibited on façades visible from a right-of-way.

E. Building Materials.

1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.

Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. 261
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(Supp. No. 40, Update 2)

ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone.
d. Brick.
e. Concrete (board-form only).

2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile.
f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (building base only, board-form only, cast concrete not permitted).

3. On attached elements, such as bay windows, orioles, and balconies.

F. Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, onsite ground-level open space shall be provided within the setback.

1. The ground level open space shall be usable and accessible.

2. The minimum dimension for ground level open space shall be eight feet.

G. Landscaping and Paving.
262
Agenda Item # 4.

Created: 2023-06-28 07:56:37 [EST]
(Supp. No. 40, Update 2)

1. Landscaping must be placed on each side of a driveway at grade or in raised planters.

2. Landscape elements shall be integrated with the building architecture, parking, and streetscape.

Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

3. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H. Parking Design and Access.

1. Where structured parking is provided, the parking area must be either:
a. "Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or
b. Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.
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2. Visible structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular punched openings designed to resemble windows of habitable spaces. b. Trellis/living wall.
c. Custom textured or decorative screening.

3. Entrances to Parking Facilities.
a. A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.
b. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.
c. Entrances to parking facilities along a street frontage shall be separated by a minimum of sixty (60) feet.
d. Where possible, curb cuts serving adjacent parking facilities shall be shared.

I. Site Circulation and Access.

1. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance.

J. Service Areas and Screening.

1. Service areas must be located at the rear of lot.

2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

K. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CT District.
(Ord. 04-259 § 1 (part))
(Ord. No. 2017-436 , § 1, 10-10-2017; Ord. No. 2021-478 , § 1, 9-14-2021) Editor's note(s)—See Editor's Note § 14.50.150.
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Created: 2023-06-28 07:56:38 [EST]
(Supp. No. 40, Update 2)

14.50.180 Off-street loading for residential (CT).

In order to accommodate the delivery or shipping of goods at a multiple-family residential project, on-site loading/unloading space shall be provided:

A. There shall be at least one loading/unloading space provided, which shall have minimum dimensions of at least ten (10) feet by twenty-five (25) feet, with fourteen (14) feet of vertical clearance; B. Loading and unloading spaces shall be located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way without interfering with the orderly movement of traffic and pedestrians on any public way and complete the loading and unloading operations without obstructing or interfering with any parking space or parking lot aisle; C. No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any of off-street parking area be used to satisfy the area requirements for loading and unloading facilities;
D. A loading/unloading space may be located in the front yard setback, but shall comply with other required setbacks;
F. All loading spaces shall be designed and maintained so that vehicles do not back in from, or onto, a public street;
G. Loading spaces shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times; and
H. Adequate signage shall be provided that directs delivery vehicles to the loading space. (Ord. No. 2017-436 , § 1, 10-10-2017)
Editor's note(s)—See Editor's Note § 14.50.150.

14.50.190 Signs (CT).

As provided in Chapter 14.68 of this code.
(Ord. 04-259 § 1 (part); Ord. No. 2015-414, § 12, 9-8-2015; Ord. No. 2017-436 , § 1, 10-10-2017) Editor's note(s)—See Editor's Note § 14.50.150.

14.50.200 Fences (CT).

As provided in Chapter 14.72 of this title.
(Ord. 04-259 § 1 (part))
(Ord. No. 2017-436 , § 1, 10-10-2017)
Editor's note(s)—See Editor's Note § 14.50.150.

14.50.210 Nonconforming use regulations (CT).

As provided in Chapter 14.66 of this title.
265
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Created: 2023-06-28 07:56:38 [EST]
(Supp. No. 40, Update 2)

(Ord. 04-259 § 1 (part))
(Ord. No. 2017-436 , § 1, 10-10-2017)
Editor's note(s)—See Editor's Note § 14.50.150.
266
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CHAPTER 14.63 – SPECIALIZED HOUSING REGULATIONS
Article 1. Supportive and Transitional Housing
Section 14.63.010 – Purpose
The purpose of this Section is to establish provisions for the review of supportive and transitional housing. The established provisions of this chapter shall allow for all proposed supportive and transitional housing to be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.

Section 14.63.020 – Definitions
“Supportive housing” shall mean a housing development project as defined in Government Code section 65582(g), as may be amended or renumbered from time to time, as being housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. “Target population” means persons with low incomes who have one or more disabilities as described in section 65582(i) of the Government Code.
“Transitional housing” shall mean a housing development project as defined in Government Code section 65582(j), as may be amended or renumbered from time to time, as being building(s) configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.

Section 14.63.030 – Allowed Zoning
The districts established by this section shall allow supportive and transitional housing and are designated as follows:

Multiple-Family District (R3-4.5)
Multiple-Family District (R3-5)
Multiple-Family District (R3-3)
Multiple-Family District (R3.1.8)
Multiple-Family District (R3-1)
Commercial Downtown/Multiple-Family District (CD/R3)
Commercial Thoroughfare District (CT)
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Section 14.63.040 – Development Standards
Development Standards shall be the same for supportive and transitional housing as they are for any residential housing development located within the zoning district. Additional standards specific for supportive and transitional housing developments are as follows:

A. Units within the development are subject to a recorded affordability restriction for fiftyfive (55) years.

B. One hundred percent (100%) of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income residents. For purposes of this paragraph, “lower income households” has the same meaning as defined in section 50079.5 of the Health and Safety Code.

C. At least twenty-five percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than 12 units, then one hundred percent (100%) of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.

D. The developer provides the planning agency with the information required by Section 65652 of the Government Code.

E. Nonresidential floor area shall be used for onsite supportive services in the following amounts:

1. For a development with twenty (20) or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

2. For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

F. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.

G. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

H. Parking.

1. Parking stall requirement shall be one-half (0.5) per unit and one (1) for each onsite management/staff.

2. No Parking shall be required within one half mile of a public transit stop.

Section 14.63.050 – Application Review

1. The Development Services Department shall notify the project applicant whether the application is complete within thirty (30) days of receipt of an application.

2. After the application is deemed complete, the Development Services Department shall complete its review of the application within sixty (60) days for projects of fifty (50) or 268
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fewer units and one hundred and twenty (120) days for projects of fifty-one (51) and greater.

Article 2. Low-Barrier Navigation Center
Section 14.63.060 – Purpose
The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65660.

Section 14.63.070 – Definitions
“Low-barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Section 14.63.080 – Applicability & Review
The provisions of this chapter shall apply to all low-barrier navigation center projects.

The permit shall be a ministerial action without discretionary review or a hearing. The city will notify a developer whether the developer’s application is complete within 30 days, pursuant to Government Code section 65943. Action shall be taken within 60 days of a complete application being filed.

Section 14.63.090 – Permit Required
A planning permit is required prior to the establishment of any low-barrier navigation center project meeting the following criteria:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 269
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1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

14.63.100 – Allowed Zoning
The districts established by this Section shall allow low-barrier navigation centers and are designated as follows:

Commercial Downtown/Multiple-Family District (CD/R3)
Commercial Neighborhood District (CN)
Commercial Downtown District (CD)
Commercial Retail Sales District (CRS)
Commercial Thoroughfare District (CT)
Commercial Retail Sales/Office District (CRS/OAD)

14.63.110 – Development Standards
All low-barrier navigation center development shall meet the following requirements:

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Article 3. Reasonable Accommodation
Section 14.63.120 – Purpose
The purpose of reasonable accommodations is to provide provisions in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code §§ 65008 and 12900 et seq., together referred to as “Fair Housing Laws”) for persons with disabilities seeking fair access 270
Agenda Item # 4.
to housing in the application of the city's zoning laws. The term “disability” as used in this article shall have the same meaning as the term’s “disability”, “handicapped”, or similar terms, as defined in the Fair Housing Laws, as may be amended from time to time. The purpose of this article is to establish the procedure by which a request for a reasonable accommodation shall be made and processed.

Section 14.63.130 – Applicability
A. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to housing opportunities.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the housing of their choice.

C. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not necessary to achieve the purposes set forth in paragraph (B).

D. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes, or (2) the accommodation is to be used by another individual with a disability.

Section 14.63.140 – Request for Reasonable Accommodation A. Application for a request for reasonable accommodation shall be made in writing on a form provided by the Development Services Department. The form shall be signed by the property owner or authorized agent. The application shall state the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the Development Services Director. The application shall include the zoning, land use and/or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested, including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation, along with documentation that demonstrates the reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

B. If any information provided is identified by an applicant as confidential then the city shall endeavor to withhold that information from copying and inspection by members of the public, to the extent reasonably determined by the city to be authorized or required by applicable law, including Government Code sections 7926.000 to 7926.500 and 7927.705, and Section 1 of Article 1 of the California Constitution. 271
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Section 14.63.150 – Review Authority and Procedure
A. Within 60 days of receipt of a completed application, the Development Services Director, or designee, shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. The request shall be processed independently of any other required development permits. However, approval of reasonable accommodation may be conditioned upon approval of other related permits.

B. The filing of an application for request for reasonable accommodation shall not require public notice.

C. If necessary to reach a determination on the request for reasonable accommodation, the Development Services Director, or designee, may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required.

D. The decision on a request for reasonable accommodation shall be final and not appealable.

Section 14.63.160 – Findings
A. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:

1. The housing which is the subject of the request for reasonable accommodation will be occupied by an individual, or individuals, with a disability protected under Fair Housing Laws;

2. The requested accommodation is necessary to make specific housing available and/or accessible to an individual with a disability protected under the Fair Housing Laws;

3. The requested accommodation would not impose an undue financial or administrative burden on the City; and

4. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use and zoning and building regulations, policies, practices, and procedures.

B. In granting a request for reasonable accommodation, the Development Services Director, or designee may impose any conditions of approval deemed reasonably necessary to ensure that the reasonable accommodation would comply with the findings required above.

Article 4. Qualified Employee Housing
Section 14.63.180 – Purpose
The Employee Housing Act allows for flexibility in housing types for employee housing, including conventional and nonconventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle, and travel trailers. The laws and regulations governing these structures depend on the housing type; however, all qualified employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000 et seq.) and the Employee Housing Regulations (California Code of Regulations Title 25, Division 1, Chapter 1, Subchapter 3—Employee Housing), which outline specific requirements 272
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for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section.

Section 14.63.190 – Definitions
“Qualified employee housing” means employee housing defined in Health & Safety Code section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Health & Safety Code section 50101. Any housing development project approved pursuant to Health & Safety Code section 17021.8 is also “qualified employee housing,” and shall be a permitted use notwithstanding anything to the contrary in this code.

Section 14.63.200 – Review Authority and Procedure
A. Qualified employee housing for seven (7) or more employees shall be considered an agricultural use and shall not require any discretionary approval not required of other agricultural activity in the same zone, provided that:

1. The qualified employee housing should not consist of more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household.

2. All temporary or permanent structures that contain qualified employee housing shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located.

3. Parking shall be provided in accordance with chapters 14.74 and 14.75 of this code, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Development Services Director.

4. Qualified employee housing shall comply, as applicable, with the following: (1) Employee Housing Act (California Health and Safety Code Sections 17000—17062); (2) Mobilehome Parks Act (California Health and Safety Code Sections 18200— 18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860—18874), as may be amended from time to time.

5. Qualified employee housing shall be reviewed and approved subject to the same requirements as other agricultural uses within the same zone.

6. If an existing agriculture use does not have any required permit, a permit for both the agricultural use and qualified employee housing must be obtained. a. The property owner shall obtain and maintain any required permit to operate pursuant to Health & Safety Code section 17030 et seq.

7. The property owner shall: (1) complete and submit to the Development Services Director a verification form no later than thirty (30) days after receiving a permit to operate from HCD; (2) a verification form shall be submitted to the Development Services Director annually to ensure compliance with this Chapter 14.63; and (3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants’ employment information, and proof that a permit to operate has been obtained and maintained. 273
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8. Qualified employee housing – seven or more employees shall be removed or converted to another permitted use at such time as the agricultural activity to which it relates ceases operation for more than twelve (12) consecutive months.

B. Qualified employee housing providing accommodations for six (6) or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing for six (6) or fewer employees is subject to all municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.

Article 5. Manufactured Homes and Factory-Built Housing

14.63.200 – General Provisions
The City of Los Altos shall allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for conventional single-family residential dwellings. Except with respect to architectural requirements, the city shall only subject the manufactured home and the lot on which it is placed to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking, aesthetic requirements, and minimum square footage requirements. Any architectural requirements imposed on the manufactured home structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof overhang, roofing material, and siding material. These architectural requirements may be imposed on manufactured homes even if similar requirements are not imposed on conventional single-family residential dwellings. However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot. In no case may the city apply any development standards that will have the effect of precluding manufactured homes from being installed as permanent residences.

14.63.210 – Review Authority
Manufactured Homes and Factory-Built Housing shall be reviewed and approved in accordance with the provisions of all single-family housing development within the City of Los Altos.

Article 6. Residential Care Facilities
Section 14.63.220 – Purpose
The purpose of this section is to establish provisions for the review of residential care facilities.

The established provisions of this chapter shall allow for all proposed residential care facilities to be a use by right in zones where residential structure(s) and use(s) are allowed or existing at the time this code was established.
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Section 14.63.230 – Definitions
“Residential Care Facility” or “Residential Care Facilities” shall be defined consistent with the California Health & Safety Code Section 1502 which may be amended from time to time. The following shall constitute a Residential Care Facility within the City of Los Altos:

1. “Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
a. “Residential facility” means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. b. “Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. c. “Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
d. “Foster family agency” means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis. e. “Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
f. “Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity. 275
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g. “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code. h. “Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.

14.63.240 – Allowed Zoning
The districts established by this section shall allow residential care facilities by-right and are designated as follows:

Single-Family District (R1-10);
Single-Family District (R1-H);
Single-Family District (R1-20);
Single-Family District (R1-40);
Single-Story Single-Family Overlay District (R1-S);
Multiple-Family District (R3-4.5);
Multiple-Family District (R3-5);
Multiple-Family District (R3-3);
Multiple-Family District (R3.1.8);
Multiple-Family District (R3-1);
Office-Administrative District (OA);
Office-Administrative District (OA-1 and OA-4.5);
Commercial Downtown/Multiple-Family District (CD/R3);
Commercial Neighborhood District (CN);
Commercial Downtown District (CD);
Commercial Retail Sales District (CRS);
Commercial Thoroughfare District (CT);
Commercial Retail Sales/Office District (CRS/OAD);
Planned Community (PC);
Planned Unit Development (PUD).

Section 14.63.250 – Permit Required
A. No Residential Care Facility regardless of size shall require discretionary review to establish use and operation within the City of Los Altos. This provision is only applicable to the allowed use and does not apply to any discretionary review required by other chapters within the code for the establishment or modification of any structure within the City of Los Altos.
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B. Any required building permit shall be obtained from the Development Services Department prior to establishing the use and operation within the City of Los Altos.

C. Any required license or permit by the California Department of Social Services (CDSS) or the California Department of Health Care Services (DHCS) that is required shall be obtained prior to establishing use and operation within the City of Los Altos.

14.63.260 – Development Standards
All residential care facilities shall meet the standard development standards for the zone in which it is located. No additional or special development standards shall be imposed on any residential care facility.
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1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

REPEALING IN ITS ENTIRETY THE LOYOLA CORNERS SPECIFIC PLAN, CHAPTER 14.42 OF THE LOS ALTOS MUNICIPAL CODE, AND CITY COUNCIL RESOLUTION NO. 2017-41 AND REINSTATING THE UNDERLYING ZONING DISTRICTS TO ALL AFFECTED PARCELS TO IMPLEMENT PROGRAM 1.E OF

THE SIXTH CYCLE HOUSING ELEMENT UPDATE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2023, and November 28, 2023; and
WHEREAS, Program 1.E of the Housing Element Update calls for Update of the Loyola Corners Specific Plan; and
WHEREAS, Program 1.E of the Housing Element Update requires the City of Los Altos to rescind and revert to underlying zoning districts to facilitate housing production; and WHEREAS, Program 1.E of the Housing Element Update requires the City of Los Altos repeal all conflicting land use regulations present in the Loyola Corner area; and WHEREAS, Program 1.E of the Housing Element Update requires the City of Los Altos repeal all land use regulations that are in opposition to Housing law; and WHEREAS, the City Council repeals in its entirety the Loyola Corners Specific Plan; and WHEREAS, Upon repeal of the Loyola Corners Specific Plan all effected parcels shall return to the underlying zoning districts as identified on the adopted City of Los Altos Zoning Map; and WHEREAS, the City Council repeals in its entirety City Council Resolution 2017-41 which enacted development standards which violate the Housing Crisis Act and are not enforceable; and WHEREAS, the City Council repeals in its entirety Chapter 14.42 – LC/SPZ Loyola Corners Specific Plan Zone District; 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:
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2 SECTION 1. AMENDMENT OF CHAPTER 14.42 OF THE MUNICIPAL CODE. Chapter

14.42 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

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 Director of Development Services, 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 __, 2023, and was thereafter, at a regular meeting held on ___, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
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APPENDIX A
AMENDMENTS TO CHAPTER 14.42
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Title 14 - ZONING
Chapter 14.42 RESERVED LC/SPZ LOYOLA CORNERS SPECIFIC PLAN ZONE DISTRICT Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:35 [EST] (Supp. No. 40, Update 2)

Chapter 14.42 RESERVED LC/SPZ LOYOLA CORNERS SPECIFIC PLAN ZONE

DISTRICT
Sections:

14.42.010 RESERVED FOR FUTURE USE LC/SPZ District.

The regulations, general provisions, and exceptions set forth in this chapter, Chapter 14.40, and Chapter

14.66 shall apply in the LC/SPZ District. The zoning district regulations implement the Loyola District. The zoning district regulations implement the Loyola Corners neighborhood commercial center specific plan. These district regulations incorporate by reference Chapter 14.40 — Neighborhood Commercial District Regulations except as indicated below. Where a conflict occurs between this chapter and Chapter 14.40, this chapter shall take precedence.
(Prior code § 10-2.1701)

14.42.020 Specific purposes (LC/SPZ).

Specific purposes for LC/SPZ Districts are as follows:

A. To maintain a neighborhood convenience commercial orientation supplemented on a limited basis with retail service and office-administrative services uses; B. To implement the objectives, policies and commercial center specific plan; C. To assist in the re-establishment of business momentum for Loyola Corners; D. To protect nearby residents from unreasonable intrusions from the shopping area; E. To apply to the area delineated below:
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Created: 2023-06-28 07:56:34 [EST]
(Supp. No. 40, Update 2)

(Prior code § 10-2.1702)
(Ord. No. 2015-406 , § 2, 2-10-2015)

14.42.030 Limited permitted uses (LC/SPZ).

A. Re-establishment of business momentum in the Loyola Corners Neighborhood Commercial Center is important to retain its economic vitality. Long term vacancies can significantly adversely impact the area's success.

B. For those properties in the LC/SPC Zoning District a use permit for office use in the above described area may be permitted for a period of up to ten (10) years to be determined on a case-by-case basis provided the city council can make a positive finding to each of the following issues:

1. That the space proposed to be occupied by the office use is developed space which has been vacant for the previous twelve (12) months;

2. That the property owner has demonstrated to the satisfaction of the city council that during the previous twelve (12) months the space to be occupied has been actively but unsuccessfully marketed as retail space at fair market value;

3. That the proposed office is of a type that receives significant clientele visitations;

4. That the owner of the proposed office use has agreed to maintain a pedestrian friendly exterior by maintaining visual access into the building interior through windows which are not permanently blocked during business hours; and

5. Such use does not significantly remove the area from an ideal cost/benefit ratio of seventy (70) percent retail and thirty (30) percent office which is determined necessary to (i) provide a retail center whose function it is to provide retail services to the surrounding community; (ii) provide a lively, active and diversified shopping experience; and (iii) ensure that a reasonable portion of the commercial activities are generating taxable retail sales.
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Created: 2023-06-28 07:56:35 [EST]
(Supp. No. 40, Update 2)

C. Voluntary discontinuance of the office use shall require conversion of such use to a permitted use, a conditionally permitted use found to meet the criteria of Chapter 14.80 of this title of the Los Altos Municipal Code, or a limited permitted use based on the findings of this section.

D. Any request for an extension of time shall be subject to the provisions outlined in Chapter 14.80 of this title. (Prior code § 10-2.1703)

14.42.040 Conditional expansion.

A. In order to allow moderate expansion to enhance economic vitality, twenty-three thousand (23,000) square feet of expansion (over and above the approximately ninety-one thousand (91,000) square feet, one hundred ten thousand (110,000) including the Post Office, of existing square feet in December 1990) shall be permitted subject to a use permit pursuant to Chapter 14.80 of this title of the Los Altos Municipal Code. The additional square footage shall be aggregated as follows:

1. New ground level retail fifteen thousand (15,000) square feet;

2. Second level retail service four thousand (4,000) square feet;

3. Second level office use four thousand (4,000) square feet.

B. The following definitions apply in allocating space for expansion;

1. Retail stores are commercial establishments which predominantly sell products rather than services, directly to the general public, generally for household use, on a daily basis. Examples include groceries, produce markets, liquor stores, furniture stores, sporting goods and gas stations and other types of establishments which tend to draw other people into the area.

2. Retail services are commercial establishments which predominantly sell services directly to the general public, generally for household use, on a daily basis. Examples include beauty and barber shops, banks, dry cleaners and repair shops.

3. Office-administrative services are commercial establishments which predominantly sell to the general public or to businesses and other customers as well. The contact with the general public is not as frequent as with retail services and a significant portion of the business may take place at other locations, Examples include law offices, accountants, medical, advertising and software computer programming.

C. This section shall apply to all properties within the Loyola Corners planning area except for those defined in the specific plan as "specific parcels" which have policies contrary to this section, as approved by the city. (Prior code § 10-2.1704)
(Ord. No. 2015-406 , § 2, 2-10-2015)

14.42.050 Off-street parking (LC/SPZ).

Not less than one parking space for each three hundred (300) square feet of gross floor area shall be required. Properties whose existing ground floor space is occupied by a nonconforming use shall not be permitted second-level office use expansion based upon a parking ratio of one space for each three hundred (300) square feet of gross floor area unless an amount of ground floor space equivalent to the second floor addition is converted to a conforming permitted or conditionally permitted use, unless the nonconforming use is found by the city council to be an undesirable retail location, and there is a parking study from which the city council may determine that on-site parking is adequate.
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Created: 2023-06-28 07:56:35 [EST]
(Supp. No. 40, Update 2)

(Prior code § 10-2.1705)
(Ord. No. 10-348, § 9, 4-13-2010)
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1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 14.88 OF THE LOS ALTOS MUNICIPAL CODE
PERTAINING TO REZONING OF A PARCEL LOCATED AT 4546 EL CAMINO REAL (APN: 16712042) FROM R1-10 TO COMMERCIAL THOROUGHFARE (CT) AND REPEALING IN ITS ENTIRETY PLANNED UNIT DEVELOPMENT (62-PUD/C7) TO IMPLEMENT PROGRAM 1.F REZONE VILLAGE COURT PARCEL OF THE SIXTH

CYCLE HOUSING ELEMENT UPDATE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2023, and November 28, 2023; and
WHEREAS, Program 1.F of the Housing Element Update calls for Rezone Village Court Parcel; and
WHEREAS, Program 1.F of the Housing Element Update requires the City of Los Altos to rezone the Village Court Parcel from R1-10 to Commercial Thoroughfare (CT); and WHEREAS, Program 1.F of the Housing Element Update requires the City of Los Altos to remove modifications made by Planned Unit Development (62-PUD/C7) for consistency with the Commercial Thoroughfare (CT) District; and
WHEREAS, the City Council amends the Zoning Designation of the property located at 4546 El Camino Real, APN: 16712042, commonly referred to as “Village Court” from R1-10 to Commercial Thoroughfare (CT);
WHEREAS, the City Council repeals in its entirety the Planned Unit Development (62-PUD/C7) and reverts to the underlying zoning district of Commercial Thoroughfare (CT) District; 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 CHAPTER 14.88 OF THE MUNICIPAL CODE. Chapter

14.88 of the Los Altos Municipal Code are hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, and strikethrough indicating deletion. 285
Agenda Item # 4.
2 SECTION 2. AMENDMENT OF CHAPTER 14.88 OF THE MUNICIPAL CODE. Chapter

14.88 of the Los Altos Municipal Code is hereby amended as set forth in Exhibit A to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 3. 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 Director of Development Services, in their reasonable discretion, after consulting the City Attorney.

SECTION 4. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 5. 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 __, 2023, and was thereafter, at a regular meeting held on ___, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
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Agenda Item # 4.

EXHIBIT A
AMENDMENTS TO CHAPTER 14.88
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Agenda Item # 4.

ORDINANCE #3, APPENDIX A

14.88.730 – Zoning map amended.

A. The property located at 4546 El Camino Real, APN: 16712042 also known as “Village Court”, as delineated on Rezoning Map No. 23-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Commercial Thoroughfare (CT) Zoning District.

B. The zoning map is amended in accordance with the provisions of the section and the district boundaries are so designated.
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Agenda Item # 4.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: November 28, 2023
Subject Tree Protection Ordinance
Prepared by: Tania Katbi, Sustainability Coordinator
Reviewed by: Nick Zornes, Development Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Draft Ordinance

2. Appendix A

3. Draft Resolution – Establishment of New Fee Schedule Initiated by:

City Council
Previous Council Consideration:

May 24, 2022
Fiscal Impact:

A certified arborist was contracted in February of 2023, for a fee of $10,000. Funds were used in Fiscal Year 22/23 from the Sustainability Fund.

Environmental Review:

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.

Summary:
 The City’s Tree Protection Ordinance (Los Altos Municipal Code Chapter 11.08) provides regulations regarding the removal of certain types of trees within the City of Los Altos.  The Ordinance was last updated in 2007 and required updating to remain relevant and reflect the changing environment and current policies.
 On May 24, 2022, the City Council tasked the Environmental Commission to work with City staff to review the Ordinance and recommend changes as needed.  Following the hiring of new Sustainability staff in October 2022, staff began conducting research and peer review with the Environmental Commission’s continued support on the policy level.
290
Agenda Item # 5.

Subject: Tree Protection Ordinance
November 14, 2023 Page 2
 In February 2023, staff began working with a certified arborist to engage in and provide technical and policy recommendations to inform the update.  In August 2023, Staff presented the final policy updates to the Environmental Commission for review and comment.

Staff Recommendation:

Introduce and waive further reading of an ordinance of the City Council of the City of Los Altos amending Chapter 11.08 Tree Protection Regulations.

Purpose
To update the City’s Tree Protection Ordinance to reflect current policies and procedures, protect the City’s vibrant urban forest, maintain tree canopy that contributes to carbon sequestration, and provide clear tree removal criteria for both residents and city staff.

Background
The City’s Tree Protection Ordinance provides regulations regarding the removal of certain types of trees within the City of Los Altos. The Ordinance was last updated in 2007 and required updating to remain relevant and reflect the changing environment, current policies, and best management practices.

Staff worked with a consultant for technical expertise who provided policy recommendations that were based on an analysis of current policies and procedures. To incorporate the recommendations into the ordinance, staff collaborated with the Planning Division (the Division within the City that reviews Tree Removal Permits) and the Environmental Commission.

Discussion/Analysis
Staff is proposing amendments and additions to the ordinance in the following areas to remain in alignment with the tree policies of neighboring jurisdictions, to preserve the City's vibrant tree canopy, and to help meet our climate adaptation goals:
• Definition of a protected tree
• Criteria for removal
• Replacement requirements
Definition of a protected tree: In order to protect more existing trees, staff recommends that all trees to be protected at a smaller diameter of 12 inches rather than the previous diameter of 15 inches. This also includes protecting native trees at a diameter of 10 inches as natives require less care, have a better chance of survival, provide food and shelter for local wildlife, and can withstand California’s drought conditions.
291
Agenda Item # 5.

Subject: Tree Protection Ordinance
November 14, 2023 Page 3
Criteria for removal: Tree protection ordinances have a number of key elements, including circumstances under which a tree may be removed. Clear decision-making criteria can often reduce misunderstandings and conflicts later in the process. In collaboration with the certified arborist, staff updated and clarified the current language. Arborists met with staff from various departments and discussed operational impressions of the ordinance in its current form. They reviewed relevant materials and benchmarked with surrounding cities on key issues and identified areas for improvement. To align with the CAAP, which calls for preserving, protecting, and growing the urban forest as a key element in sequestering carbon, the updated decision-making criteria and replacement system integrate these goals and focus on preserving and growing a healthy tree canopy.

Tree replacement: A section in the updated ordinance has been added to include tree replacement guidelines as follows: trees approved for removal shall be replaced in-kind, with some exceptions.

In cases or at sites where smaller trees at maturity are proposed, more trees will be required. For example, if a 45-inch diameter tree is removed, and the applicant is proposing to replace it with a species that would reach 20 inches at maturity, two additional trees would be required. Applicants will be required to work with an arborist to determine appropriate tree replacement and develop a tree replacement plan. In cases where no tree can be replaced on-site, the applicant will be required to pay an in-lieu fee in an amount set by council. The City will utilize these funds to purchase, plant, maintain and monitor trees on public lands, or support the City’s urban forestry management goals. In-lieu fees vary amongst jurisdictions, below is a table summarizing various in-lieu options mainly in Santa Clara County.

Jurisdiction In Lieu Fee
Los Altos No
Campbell
Yes: In-lieu fee is equal to the fair market value of a standard City street tree (delivered and installed).

Cupertino Yes
Gilroy
Yes: In lieu fee is equal to the value of the replacement trees required as specified. The in-lieu payment shall include funds sufficient for the care of the replacement tree during their establishment period.

Los Altos Hills Not specified
Los Gatos
Yes: in-lieu fee $250 for each 15 gallon and each 24" Box Replacement Tree In-Lieu Fee* $500 for each36" Box Replacement Tree In-Lieu Fee*
Menlo Park $100-$7,000 based on trunk diameter.

Milpitas Not specified
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Agenda Item # 5.

Subject: Tree Protection Ordinance
November 14, 2023 Page 4
Monte Sereno Not specified
Jurisdiction In Lieu Fee
Morgan Hill Not specified
Mountain View $750.00
Palo Alto $650.00
San Jose $775.00
Santa Clara Not specified
Saratoga Not specified
Sunnyvale
Yes: In -lieu fee shall be paid in accordance with the City’s adopted Fee Schedule.

Tree Removal Application Fees: Staff conducted research on cities in Santa Clara County to compare tree removal application fees. Research showed that the City of Los Altos’ fee is significantly lower than the surrounding cities. Staff recommend increasing the application fee, including a fee per tree. Below is a table showing tree permit removal fees in the county:

Jurisdiction Permit Fee Additional Tree Fee
Los Altos $75.00 No
Campbell $249.00 $78.00
Cupertino $328.00 $165.00
Gilroy $313.00 No
Los Altos Hills $250.00 No
Los Gatos $250.00 $125.00
Milpitas $247.00 no
Monte Sereno $100.00 no
Morgan Hill $120.00 no
Mountain View $116.00 $58.00
Palo Alto $472.00 no
San Jose $268.00 $33.00
Santa Clara $295.00 no
Saratoga $130.00 no
Sunnyvale $373.00 no
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Agenda Item # 5.

Subject: Tree Protection Ordinance
November 14, 2023 Page 5
Recommendation
Introduce and waive further reading of an ordinance of the City Council of the City of Los Altos amending Chapter 11.08 Tree Protection Regulations to update current policies. 294
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1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 11.08 OF TITLE 11 MISCELLANEOUS PROPERTY

REGULATIONS OF THE LOS ALTOS MUNICIPAL CODE FOR TREE PROTECTION

REGULATIONS
WHEREAS, the City Council requested that the Environmental Commission work with City Staff to amend the City’s Tree Protection Ordinance to further implement the adopted Climate Action and Adaptation Plan (CAAP); 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 meeting on November 14, 2023, and November 28, 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 11.08 is hereby amended 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 November 14, 2023, and was thereafter, at a regular meeting held on November 28, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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2 ___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman MMC, City Clerk
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APPENDIX A
AMENDMENTS TO CHAPTER 11.14
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APPENDIX A
Los Altos, California, Code of Ordinances Created: 2022-04-12 13:01:44 [EST] (Supp. No. 37)

Chapter 11.08 TREE PROTECTION REGULATIONS

11.08.010 Purpose and Intent.

The purpose of this chapter is to protect and promote the growth of a healthy and sustainable tree canopy in Los Altos. Trees in Los Altos are highly valued by the community and provide several benefits, including shade and climate resilience, habitat for wildlife, carbon sequestration and improved air quality, protection against wind and flood hazards, and aesthetic quality.

This chapter establishes standards for proper tree removal and replacement, preservation, and protection during construction.

11.08.0120 Definitions.

The following words and phrases when used in this article shall have the meaning set forth herein, except where the context clearly indicates a different meaning:
"Damage" means any intentional action or negligence which causes injury, death or disfigurement of a tree.

Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, unauthorized relocation or transportation of a tree or trenching, excavating, altering the grade or paving within the dripline of a tree. “Certified Arborist” – means a person having expertise in the care and maintenance of trees, who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA). "Development review application" means application for land alteration or development, including but not limited to tentative subdivision map, design review, variance, use permit, rezoning, planned unit development and tree removal.
"Dripline" means the outermost line of the tree's canopy projected straight down to the ground surface. As depicted in a plan view, the dripline generally appears as an irregularly shaped circle. "Heritage tree" means any tree so designated by the historical commission, based on the finding that the tree has character, interest, or value as part of the development of, and/or exemplification of, the cultural, educational, economic, agricultural, social, indigenous, or historical heritage of the city. “Native Species” – as defined by list on file with the Development Services Department.

Protected Tree (See Section 11.08.040).
"Significant Pruning" means the cutting or taking away of more than thirty-three percent of the living foliage material (including branches) of a tree in any twelve (12) month period such that it damages a tree as determined by a certified arborist or as otherwise determined by the Development Services Director planning director. (See the definition for tree removal in this section.)
"RI" means any single-family residential zoning district, for example, Ri-b, Rl-20. Ri-H, R1-40. "Remove" (See the definition for tree removal in this section). "Tree" means a woody perennial plant characterized by having a main stem or trunk or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity. "Tree removal" means the removal of a tree, including significant pruning. (See the definition for significant pruning in this section).
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“Undesirable/Invasive Species” - as defined by list on file with the Development Services Department. (Prior code § 10-2.26501)

11.08.0230 Application of chapter.

This chapter shall apply to every owner of real property within the city and to every person responsible for removing a tree regardless of whether such person is engaged in a tree removal business. (Prior code § 10-2.26502)

11.08.0340 Actions prohibited.

A. It is unlawful to damage or kill any protected tree; and B. It is unlawful to remove any protected tree from private or public property in any zoning district without first obtaining a tree removal permit.
(See Section 11.08.160 for violation/penalties).
(Prior code § 10-2.26503)

11.08.0450 Protected trees.

A protected tree is any of the following:

A. Any tree that is forty-eight) (48) thirty-eight (38) inches in circumference (12 inches in diameter) measured at forty-eight (48) inches (4-feet) above grade; B. Any tree of a native species that is ten (10) inches in diameter or greater measured at forty-eight (48) inches above grade;
CB. Any tree designated by the historical commission as a heritage tree or any tree under official consideration by the historical commission for heritage tree designation; C. Any tree which was required by the city to be either saved or planted in conjunction with a development review application.
(Ord. 07-314 § 2 (part); prior code § 10-2.26504)

11.08.0560 Heritage tree designations.

A. Applications. Applications for designation of a heritage tree may be filed by the owner of the property on which the tree is located. The city council or planning commission or zoning administrator may also, by resolution or motion, refer a proposed designation to the historical commission, or the historical commission may also consider a proposed designation upon its own initiative. Applications by property owners shall be prepared in accordance with instructions provided by the planning director Development Services Director.

B. Study. The historical commission shall conduct a study of the proposed heritage tree, based upon such information or documentation as it may require from the applicant, the commission staff, or from other available sources.

C. Property owner notification. The historical commission shall notify the owner of the property on which the tree is located of the meeting at which the commission will consider the tree for designation. The notice shall 300
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be mailed to the recorded owner(s) as shown on the last equalized assessment roll and shall be mailed at least thirty (30) days prior to the meeting unless the property owner(s) agree in writing to a lesser notification period. Failure to receive notice shall not invalidate any proceedings under this chapter.

D. Action on designation. The historical commission may either recommend denialy or approvale ofr designation based on the criteria outlined in Section 12.44.030 of this code. (Prior code § 10-2.26505)

11.08.0670 Tree removal permits required.

In order to remove any protected tree, a tree removal permit must be obtained. All applications for a tree removal permit shall be prepared in accordance with instructions provided by the Development Services Director planning director, and when the application is filed independent of any other development review application, it shall be accompanied by a fee which shall be established by city council resolution. (Prior code § 10-2.26506)

11.08.0780 Approval authority.

Notwithstanding the provisions of Section 11.08.100 of this chapter, the approval authority for tree removal requests shall be as follows:

A. For heritage trees: the approval authority shall be the historical commission.

B. For all other protected trees:

1. The approval authority for tree removal requests filed independent of any other development review application shall be the planning director Development Services Director.

2. The approval authority for tree removal requests filed in conjunction with another development review application shall be the same approval authority as established by this code for the accompanying development review application. Trees removed in conjunction with a development review application will conform to the determination on permit and tree replacement sections of this chapter.
(Prior code § 10-2.26507)

11.08.0890 Notification.

When a tree removal application involves a tree(s) which was designated for preservation at the request of a neighboring property owner(s) in conjunction with a development review application, the current owner(s) of said neighboring property(s) shall be notified of the meeting at which the approval authority will consider the tree removal. The notice shall be mailed to the recorded owner(s) as shown on the last equalized assessment roll and shall be mailed at least ten (10) days prior to the meeting. Failure to receive notice shall not invalidate any proceedings under this chapter. Once the City issues a Tree Removal Permit, city staff or, at their discretion, the applicant, shall post notice of the decision on the application for such permit on the subject property and shall be legible from the public right-of-way. Such notice shall state the decision on the application and shall provide information on the appeal process pursuant to this Chapter. (Prior code § 10-2.26508)
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11.08.09100 Determination on permit.

A. Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of based on the following tree removal criteria:

1. The tree is dead, in poor health (as defined in the most recent edition of the Guide for Plant Appraisal), or has a risk rating of moderate, high, or extreme which cannot be mitigated through sound arboricultural practices to a low-risk rating.

2. The tree species is identified as an invasive or undesirable species (as defined by list on file with the Development Services Department).

3. The tree is interfering or will interfere with a utility, public transportation, waterway, or other public infrastructure system.

4. The tree is causing damage to an enclosed structure which cannot be mitigated in another way.

5. Preservation of the tree will impede the use of real property and no reasonable or feasible alternative (as determined by the Development Services Director) exists to preserve the tree in the current location.

1. The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services;

2. The necessity to remove the tree for economic or other enjoyment of the property;

3. The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters;

4. The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values and any established standards of the area;

5. The number of healthy trees the property is able to support according to good forestry practices;

6. The approximate age of the tree compared with average life span for that species;

7. Whether there are any reasonable and feasible alternatives that would allow for the preservation of the tree.

B. Additional recommendations. The approval authority may refer the application to another department, commission or person for a report and recommendation. The approval authority may also require the applicant to furnish a written report from an independent tree expert certified arborist acceptable to the approval authority,; such report shall to be obtained at the expense of the applicant.

C. Action. Based on the criteria outlined in subsection A of this section, the approval authority shall either approve, conditionally approve, or deny the application. Conditions of approval may require any of the following:

1. One or more replacement trees be planted as outlined in section 11.08.120 Tree Replacement Criteria;

2. Payment of an in-lieu fee in compliance with section 11.08.120;

3. A combination of replacement trees and in-lieu fees that in total provide for the number of replacement trees as outline in section 11.08.110.of a species and size and at locations as designated by the approval authority. When deciding upon replacement tree(s), the approval authority will take into consideration: (1) the cost of replacement trees; and (2) the wishes of the property owner 302
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relative to the species of tree to be planted. Any such replacement trees shall be obtained and planted at the expense of the applicant.
(Prior code § 10-2.26509)

11.08.10110 Emergency waivers and exemptions.

A. In case of emergency caused by hazardous or dangerous condition of a tree requiring immediate action for the safety of life or property, a tree may be removed upon the order of the planning director Development Services Director, the director of public works Public Works Director or any member of the police or fire department without the necessity of applying for a tree removal permit; B. Employees of the city may take such action with regard to trees on city-owned property as may be necessary to maintain the safety of city operations and/or the safe conditions on city property, without the necessity of applying for a tree removal permit; and
C. Public utilities subject to the jurisdiction of the public utilities commission of the state of California may also take such action as may be necessary to comply with the safety regulations of said commission and as may be necessary to maintain a safe operation of their facilities without the necessity of applying for a tree removal permit.

Prior code § 10-2.26510)

11.08.120 Tree Replacement.

A. Trees approved for removal (including dead trees) shall be replaced based on the number and size of trees approved for removal as follows:

1. Replace the tree 1:1 with a tree of a similar size canopy at maturity.

2. Where 1:1 replacement in kind is not feasible, replace the tree with two (2) or more trees, such that the replacement trees (combined) provide a similar size canopy at maturity.

3. Replacement tree shall be a minimum of 24-inch box size container unless a smaller container is recommended by the Certified Arborist based on tree species or planting location.

B. The Development Services Director shall have the authority to approve an increase in the number of the onsite replacement trees and reduce the required size of the trees, when appropriate.

C. Replacement Plan. A tree replacement plan prepared by a Certified Arborist shall be made a requirement of the Tree Removal Permit and be provided with the Tree Removal Application. It shall include and adhere to the following:

1. The number, species and site plan of the proposed location of replacement trees;

2. Replacement trees shall be planted within thirty (30) days from removal of the tree, unless accepted arboricultural practices dictate a preferential planting period based on the species chosen as the replacement tree and seasonal factors;

3. Any person who is required to plant replacement trees as a condition of a tree removal permit shall maintain such trees in a healthy condition to ensure their long-term survival;

4. Replacement trees shall be obtained and planted at the expense of the applicant.

D. Where replacement is not possible on site as determined by the Certified Arborist, the applicant shall pay an in-lieu fee in an amount set forth by the City Council, and shall be paid to the Street Tree Fund. 303
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11.08.1130 Appeals.

Any action of the approval authority may be appealed by the applicant or any interested party to the city council. Said appeal shall be in writing, shall state the reasons for the appeal, shall be accompanied by a fee which shall be set by city council resolution and shall be filed with the city clerk within ten (10) calendar days of the decision.
(Prior code § 10-2.26511)

11.08.1240 Tree protection during construction.

Protected trees designated for preservation shall be protected during development of a property by compliance with the following, which may be modified by the planning director Development Services Director:

A. Protective fencing shall be installed no closer to the trunk than the dripline, and far enough from the trunk to protect the integrity of the tree. The fence shall be a minimum of five four feet in height and shall be set securely in place. The fence shall be of a sturdy but open material (i.e., chainlink), to allow visibility to the trunk for inspections and safety. There shall be no storage of any kind within the protective fencing. The fence shall be in place until construction has been completed.

B. The existing grade level around a tree shall normally be maintained out to the dripline of the tree.

Alternate grade levels may be approved by the Development Services Director planning director.

C. Drain wells shall be installed whenever impervious surfaces will be placed over the root system of a tree (the root system generally extends to the outermost edges of the branches).

D. Trees that have been damaged by construction shall be repaired in accordance with accepted arboriculture methods. If a tree is damaged beyond repair, damage shall be categorized as a violation in accordance with Section 11.08.160 and shall require replacement tree(s) in accordance with Section

11.08.120.

E. No signs, wires, or any other object shall be attached to the tree. (Ord. 07-314 § 2 (part); prior code § 10.2.26513)

11.08.1350 Delegation of functions.

The planning director and director of public works Development Services Director may delegate any or all of the administrative duties authorized by this chapter to one or more staff members. (Ord. 07-314 § 2 (part); prior code § 10-2.26514)

11.08.1460 Violations—Penalties.

The violation of any provision contained in this chapter is hereby declared to be a misdemeanor and shall be punishable as prescribed in Chapter 1.20 of this code. Violations pursuant to this section of the code shall incur a penalty fine for each tree removed without proper authorization. In addition thereto, any person unlawfully removing or destroying any protected tree without a permit shall be penalized as follows:

A. Replacing the unlawfully removed tree with one or more new trees which, in accordance with section

11.08.120 or in the opinion of the planning director Development Services Director, will provide equivalent aesthetic quality in terms of size, height, location, appearance and other characteristics of the unlawfully removed tree.
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B. Where replacement trees will not provide equivalent aesthetic quality because of the size, age or other characteristics of the unlawfully removed tree, the planning director Development Services Director shall calculate the value of the removed tree in accordance with the latest edition of the Guide for Establishing Values of Trees and Other Plants, as prepared by the council of tree and landscape appraisers. Upon the determination of such value, the Development Services Director planning director may require either a cash payment to the city to be added to the Street Tree Fund street tree fund, or the planting of replacement trees as designated by the planning director Development Services Director, or any combination thereof, in accordance with the following:

1. To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and

2. To the extent that the planting of replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the planning director Development Services Director, shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees.

C. Any person who is required to plant replacement trees pursuant to subsection A or B of this section shall maintain such trees in a good and healthy condition, as determined by the Development Services Director planning director. The planning director Development Services Director may require a maintenance bond or other security deposit approved by the city finance department which shall be provided to the city by the person required to plant replacement trees. The bond shall be in an amount of money and for a period of time determined by the planning director Development Services Director. (Ord. 07-314 § 2 (part); prior code § 10-2.26515)
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1 RESOLUTION NO. 2023-XX

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

AMENDING TREE REMOVAL PERMIT FEE STRUCTURE
WHEREAS, the Los Altos Municipal Code specifies that certain fees and charges shall be set by Resolution of the City Council; and
WHEREAS, these fees and charges should be in amounts sufficient to recover the costs incurred by the City with respect to the functions to be performed by the City; and WHEREAS, in the event that the replacement tree as required by ordinance is not feasible an applicant may make payment of an in-lieu fee as established by this resolution.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopts the following fees:

FEE
Tree Removal Permit (1 tree) $300.00
Tree Removal Permit (each additional tree) $150.00
In-Lieu Tree Replacement $1,200.00
BE IT FURTHER RESOLVED that all other fees previously established by other City Council Resolution or Ordinance remain in effect.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the XX day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman MMC, City Clerk
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AGENDA REPORT SUMMARY
Meeting Date: November 14, 2023
Subject Report Out on Shared Police Services Study With Los Altos Hills Prepared by: Gabriel Engeland, City Manager
Attachment(s): Attachment 1: Initial Assessment for Los Altos/Los Altos Hills Police Services Attachment 2: August 22, 2023 Staff Report, City of Los Altos Attachment 3: August 17, 2023 Staff Report, Town of Los Altos Hills Initiated by:

Request from the Town of Los Altos Hills
Previous Council Consideration: August 22, 2023
Background:

At the regular City Council meeting on August 22, 2023, the City Council considered a request from the Town of Los Altos Hills to engage in an initial assessment of the feasibility of shared police services. This report provides the results of the initial analysis and is included as attachment 1.

Fiscal Impact:
$25,000 from the General Fund.

Environmental Review:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act (CEQA), and it is also considered a feasibility or planning study for possible future action and exempt under CEQA Guidelines 15262.

Policy Question(s) for Council Consideration:

Does the City Council wish to further examine the possibility of developing an agreement for shared law enforcement services?
If the City Council does wish to proceed, will the City Council authorize $25,000 from the general fund to complete a formal analysis?
Summary:

The City of Los Altos and the Town of Los Altos Hills completed an initial assessment (attachment 1) of the feasibility of shared police services after Council authorization on August 22, 2023 (attachment 2).

The results of the initial assessment show that shared services may be feasible, but more analysis is necessary if the Town and the City are interested in pursuing a shared police model. 307
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Subject: Report Out on Shared Police Services Study With Los Altos Hills 1/10/23 Page 2
The initial assessment was paid for entirely by the Town of Los Altos Hills. Each of the models considered in the assessment assumed that shared Police services would improve policing in both jurisdictions. Should the City Council wish to complete a formal study, staff believes it is appropriate to share in these costs as there are benefits to both parties in further exploration. The current estimate of a formal study is expected to be $50,000 with each jurisdiction providing 50% of the necessary funds. Should the ultimate study, if approved, cost more or less than this estimate, each jurisdiction would continue to provide 50% of the funding.

Staff Recommendation:

Discuss the initial analysis and information in this staff report and provide direction as to whether the City Council would like to further study shared Police services with Los Altos Hills.

If the City Council would like to proceed, direction should include the approval of increasing the current budget by $25,000 in the General Fund.

Purpose:

Through their respective City Councils, the Cities of Los Altos and the Town of Los Altos Hills agreed to examine the possibility of developing an agreement for shared law enforcement services. The result sof this analysis are contained in the staff report as attachment 3 and is intend to provide leadership in the City and the Town with preliminary data so both jurisdictions:
(1) are informed about progress,
(2) have the opportunity to provide direction on the types of information needed for future decisions, and
(3) may confirm if they wish to complete a formal study.

Discussion/Analysis:

At the regular City Council meeting on August 22, 2023 the City Council considered a request from the Town of Los Altos Hills to engage in an initial assessment of the feasibility of shared police services. The results of the initial assessment show that shared services may be feasible, but more analysis is necessary if the Town and the City are interested in pursuing a shared police model.

The initial analysis provides high-level, conceptual outlines of feasibility, structure, operational evaluations, and a potential financial model. It is expected each of these areas would be further developed or refined through the completion of a formal study.

It is important to note that the data provided in this staff report, including the initial assessment, is informational only and that any action to change law enforcement service providers by the Town of Los Altos will be conducted in a manner consistent with state and Los Altos Hills services procurement policies.

Additionally, the discussions to date, and/or any further studies do not constitute any agreement between the parties. Any item outside of the initial assessment and the further, formal study would approval by the City Council of the City of Los Altos.
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Subject: Report Out on Shared Police Services Study With Los Altos Hills 1/10/23 Page 3
Staff Recommendation:

Discuss the initial analysis and information in this staff report and provide direction as to whether the City Council would like to further study shared Police services with Los Altos Hills.

If the City Council would like to proceed, direction should include the approval of increasing the current budget by $25,000 in the General Fund.
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1 To: Peter Pirnejad, Los Altos Hills City Manager November 2, 2023 Gabriel Engeland, Los Altos City Manager
From: Brian Uhler, MRG Consultant
RE: Initial Assessment for Los Altos/Los Altos Hills Police Services Purpose
Through their respective City Councils, the Cities of Los Altos (LA) and Los Altos Hills (LAH) have agreed to examine the possibility of developing an agreement for shared law enforcement services. This document is to provide leadership with preliminary data so both jurisdictions:
(1) are informed about progress,
(2) have the opportunity to provide direction on the types of information needed for future decisions, and
(3) may confirm their desire to continue to move forward (or not).

Feasibility
In initial meetings, there were a few broad requirements which were viewed as being essential:
• Improvement of service level/coverage for both jurisdictions • Financial tracking mechanism to ensure fairness and transparency • For LAH, costs must be reasonably close to current spending levels • For LA, adequate time is needed for proper implementation Structure
At the onset, legal experts were queried to ensure ongoing discussions and any future agreement would conform to California law. For example, we learned a simple agreement where LA would provide services to LAH would not require Local Agency Formation Commission (LAFCo) involvement. One local model which may serve as an example between Los Gatos and Monte Sereno has been successfully deployed since 1995.

Operational Evaluation Elements Overview
Law enforcement deployment and staffing studies are commonplace. Most rely on a variety of established parameters which typically include1:

1. Crime trends

2. Per capita comparisons

3. Existing/historical staffing levels or minimum staffing policy

4. Budget-driven decisions

5. Workload based models (call for service volume)

1. ICMA, Center for Public Safety Management (review of 62 agencies analyzed by ICMS). https://icma.org/sites/default/files/305747_Analysis%20of%20Police%20Department%20Staffing%20_%20McCabe.pdf 310
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2 Political realities affecting increases or decreases in the level of law enforcement funding, have been added in recent years. A more recent concern is understaffing for virtually all California agencies—now at lowest statewide levels since 19912. Of course, this causes hiring pressures for virtually all jurisdictions.

Schedule modeling for workload analysis in larger agencies can be quite time-consuming, costly, and complex. In these agencies, over extended periods of time, professional evaluators drill down into workload details, such as how often certain events take place and how long it takes personnel “on-the-scene” to handle such events. They do this for every type of service call and administrative function (e.g. training or court). In addition, some agencies seek to align workload demands by the time of day and day of week. Ultimately, such agencies seek to schedule enough personnel during peak times and balance the workload while maintaining some ideal level of unassigned preventive patrol time (called an “availability factor”).

For smaller agencies, other dynamics or realities negate the need for detailed and costly analysis. For example, size, population, or call volume, may readily justify a single officer working at certain times; however, practical deference to officer safety may dictate two officers on the schedule. Another practical consideration for smaller jurisdictions is the fact that “big” events do not happen often or happen at sporadic times/days. Anticipating or staffing for these is just not feasible. For these events, smaller agencies typically rely on mutual aid agreements with neighboring jurisdictions. Lastly, in smaller agencies, the total number of sworn staff often limits police leaders’ ability to deploy staff proportionately to the workload (e.g. peak activity hours may justify added staff, but doing so would run afoul of minimum staffing requirements during other times).

Financial Model
The LA/LAH law enforcement services working group, to include both City Managers, considered three financial structure models as follows:
(1) Dedicated Position Basis—Specific positions are funded by the receiving jurisdiction (2) Call for Service Basis—Total budget shared proportionately by call volume (3) Service Hour Basis—Cost-per-hour coupled with agreed service levels Through extensive discussions, the group believed using the Dedicated Position Basis provides the best structure for both jurisdictions. First, it provides maximum transparency and simplicity by defining specific positions with their funding source. Second, it provides clearly defined coverage. Third, when coupled with provisions for administrative overhead costs, it covers all costs for the services provided to the receiving jurisdiction.

NOTE: The Call for Service basis was overly complicated by the “residential only” nature of LAH. Further, the Service Hour Basis model implies a time-consuming, complex, and impractical accounting of all personnel’s activities on a minute-by-minute basis.

2. California Public Policy Institute, Law Enforcement Staffing in California, February, 2023 Fact Sheet. www.ppic.org/publication/law-enforcement-staffing-in-california/ 311
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3 Los Altos/Los Altos Hills Evaluation Elements
To guide future decisions and stay within reasonable budgetary and time constraints, the below combination of measures, commonly used in smaller jurisdictions, are provided. Ultimately, these data points may be used to guide staffing levels (and costs). This way, both jurisdictions fund sufficient staffing to handle “their” workload while they simultaneously provide mutually beneficial back-up/field operations capacity. Conversely, if one jurisdiction is comparatively understaffed, the other jurisdiction would disproportionately and unfairly prop-up the other.

ELEMENT 1: Call workload compared to sworn staff
Los Altos had 14,176 calls for service (FY 22/23). With its 32 officers, this equates to 443 calls per sworn position.

Los Altos Hills had 1,583 calls for service (calendar 2022). Using the same ratio, a total of

3.57 officer positions would be needed to provide the same level of sworn staff coverage on a per call basis.

NOTE: This element may seem to conflict with Element #3 (3.57 versus 8.37 officers). However, due to having a business component, call volume for Los Altos, per capita, is higher. By subtracting an estimated 40% of all Los Altos calls (related to businesses), Los Altos Hills would then need 5.95 officers to “cover” its residential call volume at the same level currently staffed by Los Altos.

ELEMENT 2: Call workload compared to budget
Los Altos—14,176 calls with PD budget of $14,769,116* equates to $1,042/call Los Altos Hills—1,583 calls with budget of $2,416,044 equates to $1,526/call The cost-per-call difference, suggests adding approximately 30% more service hours for Los Altos Hills could be accomplished at about the same cost. *NOTE: Contracted fire services are subtracted from total PD budget of $23,617,027 ELEMENT 3: Sworn staffing per capita
Los Altos, at a population of 31,625, has 32 sworn staff. This equates to 1.01 police officers per 1000.

Los Altos Hills has a population of 8,295. To match this ratio, Los Altos Hills would need the services of 8.37 sworn personnel.

Here, a simple ratio does not adequately describe the deployment situation. A portion of Los Altos’ sworn staff are administrative personnel, who would be providing their services for both jurisdictions. By comparing personnel who are assigned to field duties in Los Altos (27), the number of sworn personnel needed by Los Altos Hills to “match” drops to 7.08 officers.
312
Agenda Item # 6.
4 ELEMENT 4: Existing/Historical and Minimum Staffing
Los Altos: Current minimum complement of 3 sworn (1 Sgt plus 2 officers) Los Altos Hills: Minimum of 1 sworn
To maintain “no change” to these minimum levels, 4 sworn staff would be needed on the schedule at all times. However, with the goal to improve services for both jurisdictions, increasing the minimum staffing to 5 sworn personnel may be desired— representing a combined 25% increase in service levels.

NOTE: The LA Chief of Police may consider creating a hybrid minimum staffing model where 5 sworn staff are required during peak workload hours of each day and 4 may be sufficient at low activity times (e.g., only 4 needed between midnight and 8 a.m.).

Assessment of Evaluation Elements
Element Description of Needed Sworn Staffing for LAH*
1—Call Workload 5.95
2—Call Workload/Budget 6.5 (30 % increase in hours)
3—Sworn per Capita 7.08
4—Minimum Staffing 6.25 (25% increase in hours)
*Adjusted as described in each element.

NOTE: 7,903 total hours of currently contracted services for Los Altos Hills equates to approximately 5 sworn positions (1,580 “field hours” and 500 administrative hours per FTE. For example, a total of 7,900 hours of field work can be derived from 5 sworn staff members).

Staffing Recommendation
In reviewing the issues and data, the LA/LAH Law Enforcement Services workgroup recommends adding 7 police officers and 1 dispatcher position. Key advantages include:
• 40% increase in LAH coverage (11,060 hours versus 7,900 hours) • Improved dispatcher coverage
• Ongoing costs to LAH is approximately the same as current levels • Improved supervisor to subordinate ratio for Los Altos • Added nearby “back up” resources for events occurring in both jurisdictions Detective/Evidence Services and “Back Up” to Los Altos
Analysis by Los Altos officials concludes that existing detective and evidence handling resources can “absorb” the added demands from Los Altos Hills. This said, we do not suggest this resource be provided for free. Likewise, we recognize that the overall workload in Los Altos is higher than in Los Altos Hills. This, coupled with overall staffing limitations means that the Los Altos Hills patrol officers will sometimes be “pulled” into call-driven demands in Los Altos It is believed that these two issues will balance out. To ensure fairness, we plan to monitor these factors. 313
Agenda Item # 6.
5 Los Gatos/Monte Sereno Site Visit
In October, the LA/LAH Law Enforcement Services workgroup visited with the Los Gatos/Monte Sereno City Manager and Police Chief. This process provided an excellent framework for our continuing efforts. For example, we learned that a major crime occurring in Monte Sereno necessitated a huge commitment from Los Gatos detectives and leadership. This “extra” commitment led to a cost recovery process (shouldered by Monte Sereno). This serves as one example of the types of situations we may need to anticipate.

Timeline
If both City Councils agree to continue moving forward, we project an “action item” would be presented to both jurisdiction’s City Councils in April, 2024 (coincides with budget for FY 24/25).

Details on activities are depicted here:
* After Initial assessments from both council the Town would need to prepare a scope of work, have it approved by the Council, go through a competative bid process and “if” Los Altos is selected or is the only bidder the Town would need to go back to Council to authorize the Town and City work on the financial structure and return for approval.

Community characteristics
As neighbors, both Los Altos and Los Altos Hills have very similar demographics. Importantly, the criminals victimizing both jurisdictions do not recognize the boundary.

From a police staffing standpoint, this could be viewed favorably. For example, law enforcement experience suggests the highest workload exists “where the people are.” If there are higher daytime demands in Los Altos’ business district, then law enforcement staff from Los Altos Hills could be used to augment/support these call-driven demands. Conversely, in the evening or during weekends, when demands are lower in the business districts and higher in neighborhoods, resources could be directed into Los Altos Hill’s neighborhoods. 314
Agenda Item # 6.
6 Budget Structure
Description Year 1 Year 2 Year 3
Off. Salary (7) 1,873,788.00 1,967,477.40 2,065,851.27
Disp. Salary (1) 217,773.00 228,661.65 240,094.73
15% Administrative 313,734.15 329,420.86 345,891.90
Liability Coverage (8 FTEs) 92,000.00 96,600 101,430
Total 2,497,295.15 2,622,159.91 2,753,267.90
Salary includes: CalPERS, Overtime, Uniforms (replacement), and all other traditional benefits.

NOTE: Data from the LA group liability provider indicates a cost based on salary of approximately $44K per $1M of payroll. Given added payroll costs of about $2.1M, we estimate an ongoing annual cost for liability protection of $92K. 15% Administrative Charge—Estimate (15%/$313K)
Item Description
Approx.

Cost
Included
(Y/N)
Sgt/Sup Hours Call response, duty scheduling, etc. $93K Y Admin Support
(Capt/Chief)
Meetings, strategic planning,
correspondence $120K Y
HR/Finance Hiring, recruiting, financial reports $100K Y Total (for included items) $313K
LAH to LA One Time Costs
Item Description Cost
Vehicle(s) 2 Fully Equipped Police $198,452
Equipment Firearms, belts, vests,
($2,500 each) $17,500
Initial Issue (e.g. uniforms) Clothing, boots($1,500 each) $10,500 Dispatcher Equipment Clothing, headset, training
materials, etc. $2,500
Total $228,952
Goal: Service Improvement and Mutual benefit
• Deeper bench—through collaboration, both jurisdictions will benefit from relying on the other. Geographic proximity bolsters this. In short, officers working in either location can provide timely support for one another.
• Better responsiveness for local level issues—Los Altos is well-aligned with Los Altos Hills as it relates to citizen perspectives on crime. In all likelihood, the issues affecting the 315
Agenda Item # 6.
7 citizens on both sides of the border can be prioritized by the police. • Improved response times—a 40% increase in coverage means a responder may be closer when a call for service occurs. Additionally, since Los Altos is nearby, an available officer inside Los Altos may be closer to a Los Altos Hills call for service than a patrolling officer inside Los Altos Hills.
• Public engagement improvements—Los Altos has a robust combination of public engagement programs and a social media presence which can be regionalized and expanded to Los Altos Hills.
• Stronger regional approach—Criminals do not respect boundaries. Through improved resource coordination, both jurisdictions could benefit. • Automated License Plate system sharing—through improved data sharing, both jurisdictions’ ALPR infrastructure will be more effective and provide an increased ROI. • More efficient Sergeant Span of Control—Expanding the number of front-line officers by adding police officers in Los Altos Hills is within the capacity of existing Sergeants. The benefit to Los Altos would include some cost-sharing for the Sergeant position.

Next Steps
In the event both City Councils express support to keep moving this concept forward, the following should be accomplished in advance of an “action item” coming to both City Councils:
(1) LA Police, Finance, and HR staff to complete a framework for financial reporting and data collection
(2) LAH officials to develop agreement on scope of work for inclusion in a potential agreement
(3) LA to prepare an RFP, seek CC approval and include ample time for competitive biding. (4) LAH to Review the proposals and go to City Council for award of contract. (5) Assuming LA is selected, City Attorney’s from both jurisdictions to review and coordinate agreement documents
(6) LA Finance staff to develop budget and payment structure (7) Staff to complete staff reports for “action item” to go before both City Councils The data provided in this MRG report is informational only and any action to change law enforcement service providers by the Town will be conducted in a manner consistent with state and Los Altos Hills services procurement policies.
316
Agenda Item # 6.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Request From the Town of Los Altos Hills to Engage in Discussions for Future Law Enforcement Services Provided by the City of Los Altos Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Los Altos Hills Staff Report
Initiated by:

The Town of Los Altos Hills
Previous Council Consideration:

Fiscal Impact:

None
Environmental Review:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act (CEQA), and it is also considered a feasibility or planning study for possible future action and exempt under CEQA Guidelines 15262.

Policy Question(s) for Council Consideration:
 Does the City of Los Altos wish to engage in a study of law enforcement services as requested by the Town of Los Altos Hills at their Town Council meeting on 8/17/2023? Summary:
 The Town of Los Altos Hills has requested the City of Los Altos engage in discussions to consider the City providing law enforcement services to the Town.  Attachment #1 is the staff report approved by the Los Altos Hills Town Council and outlines the background of the request.
 Any studies completed as part of the discussions would be paid for by the Town of Los Altos Hills.
317
Agenda Item # 6.

Subject: Request From the Town of Los Altos Hills to Engage in Discussions for Future Law Enforcement Services Provided by the City of Los Altos Date Page 2
Staff Recommendation:

Staff recommends engaging in discussions as requested.

Purpose
To receive authorization to engage in discussions and complete any necessary studies to determine if providing law enforcement services to Los Altos Hills is feasible or desirable.

Background
At the Los Altos Hills Town Council meeting on August 17, 2023, the Los Altos Hills Town Council authorized the Los Altos Hills City Manager to engage in discussions with law enforcement entities for future law enforcement services for the Town of Los Altos Hills. The City Manager of Los Altos Hills has requested to discuss this topic with Los Altos.

Discussion/Analysis
The Town of Los Altos Hills has requested to engage the City of Los Altos in discussion to consider if the City can provide law enforcement services to the Town. The discussions and any subsequent studies would be used to determine if the provision of law enforcement services by the City to the Town is feasible or desirable. The discussions and/or studies would not constitute any agreement between the parties. Any item outside of discussions or the completion of a law enforcement services study, paid for by the Town of Los Altos Hills, would require further approval for the City Council of the City of Los Altos.

Recommendation
Staff recommends engaging in discussions as requested.
318
Agenda Item # 6.

TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City
Council
RE: AUTHORIZE THE CITY MANAGER TO ENGAGE IN DISCUSSIONS

FOR FUTURE LAW ENFORCEMENT SERVICES FOR THE TOWN OF

LOS ALTOS HILLS
FROM: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Motion to authorize the City Manager to engage in discussions with law enforcement entities for future law enforcement services for the Town of Los Altos Hills.

BACKGROUND AND ANALYSIS:

In June 2014, the Town of Los Altos Hills (“Town”) entered into an agreement with the County of Santa Clara (“County”) for law enforcement services (hereinafter “Agreement”). The Agreement establishes that the County will provide law enforcement services within Town limits. The term of the Agreement began June 19, 2014, and terminates on July 1, 2024. The Town and County are both authorized to terminate the Agreement at an earlier time with one hundred and eighty (180) days written notice, with some remaining financial commitments of the Town. At the expiration of the Agreement, the Town and County may renew the Agreement for an additional five (5) year period upon written notice of renewal at least one hundred and eighty (180) days prior to the expiration of the Agreement.

At this time, the Town continues to receive law enforcement services from the County. The Town may eventually choose to renew the Agreement with the County, or the Town may elect to allow the Agreement to expire without renewal. If the Town were to seek out a law enforcement entity, other than the County, to provide law enforcement services within the Town, staff would be required to comply with procurement procedures for professional services as established in the Los Altos Hills Municipal Code.

Los Altos Hills Municipal Code Section 2-4.04 establishes, in part, that all procurement of services, including but not limited to professional services, the cost of which is in excess of sixty thousand dollars ($60,000) must be made through either informal or formal procedures, as established in Section 2-4.04. All procurement of services, the cost of which is more than two hundred thousand dollars ($200,000), must be based upon specifications or a scope of work approved by the City Council. When entering into a contract for services, the skill, ability, and expertise of the entity or person performing the services is a key component of the selection criteria. The services selection should therefore be on the basis of demonstrated competence, overall value to the Town, and on the professional qualifications necessary for the satisfactory performance of the services required. Cost is only one factor in determining the selection. In 319
Agenda Item # 6.

Staff Report to City Council Page 2
Law Enforcement Services
August 17, 2023
accordance with Section 2-4.04, the procurement of services may be made by soliciting requests for proposals or requests for quotations to prospective vendors.

At this time, if the Town were to issue a request for proposals or a request for quotation for law enforcement services staff believe that only the County may respond to the Town’s request. In order to explore all options for law enforcement services, prior to issuing a request for proposals or a request for quotations for future law enforcement services, Town staff would like to have discussions with multiple law enforcement entities about the law enforcement service needs of the Town. Therefore, staff are asking the City Council to authorize the City Manager or his designee to engage in discussions with other law enforcement entities that may be interested in providing law enforcement services within the Town. At this time, staff plan to engage in discussions with both the City of Los Altos and the County of Santa Clara to discuss the law enforcement needs of the Town. At the time that staff believe the Town is ready to issue a request for proposals or request for quotations then staff will bring an item back to the City Council with the request, the scope of services and draft agreement for law enforcement services for Council approval prior to soliciting responses.

ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCIL STRATEGIC PRIORITIES:

Promoting Public Safety is identified in the 2023 Work Plan.

FISCAL IMPACT:

Currently, there is no fiscal impact. This request seeks authorization to initiate discussions with Los Altos.
5382747.1
320
Agenda Item # 6.

Reviewed By:

City Manager City Attorney
GE JH

AGENDA REPORT SUMMARY
Meeting Date: November 28, 2023
Subject: Authorization by City Council for the use of Civic Center Land for the Construction of Outdoor Library Patio and send to Planning Commission for Final Design Approval.

Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Initiated by:

Los Altos Library Endowment, and Chou Family in collaboration with the Santa Clara County Library District.

Previous Council Consideration:

June 27, 2023
Fiscal Impact:

The Library Patio Project is fully funded by private donations through the Los Altos Library Endowment. The cost of the project is estimated to be $2 million with no funding required from the City of Los Altos. Cost for review and approval of the Design Review, Conditional Use Permit and Building Permit associated with this project will be fully paid by the project sponsors.

Environmental Review:

The City Council action authorizing the review of the proposed project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Subsequent action taken during the review of the proposed project will be analyzed separately under CEQA.

Summary:

On June 27, 2023, the City Council unanimously approved sending the Los Altos Library Patio Project to the Development Services Director for review and necessary approvals, with further direction to preserve and protect and include mitigations, if necessary and require pre-application study session design review pursuant to Section 14.78.040 of the Los Altos Municipal Code. The project before the City Council tonight reflects the direction provided on June 27, 2023. 321
Agenda Item # 7.

Subject: Authorization by City Council for the use of Civic Center Land for the Construction of Outdoor Library Patio and send to Planning Commission for Final Design Approval.

November 28, 2023 Page 2
Staff Recommendation:

Authorization by City Council for the use of Civic Center Land for the Construction of Outdoor Library Patio and send to Planning Commission for Final Design Approval.

Purpose
To create an outdoor space that provides residents with a place to read, relax, study, work, and learn. The patio will be used to provide free library programs for all ages, as well as open seating to use during leisurely time. Backed with research from professional library journals, outdoor spaces in libraries enhance the lives of residents. Due to limited space inside the library, library staff feel strongly that the outdoor space will expand options to best meet the needs of residents with an outdoor patio area.

Discussion
Since the June 27, 2023 City Council meeting the Project Sponsors have met regularly to further refine and define the Library Patio Project. The project has been regularly discussed with the Development Services Director, Santa Clara County Library District staff, History Museum representatives, Library Commission, Friends of the Library, Los Altos Library Endowment, and the Chou Family.

The regular meetings have discussed the location of the patio project, any mitigation required, how the project will function, finish materials, and general details such as size and shape. Mostly specifically, the Library Patio Project group have discussed how the project will integrate into the Civic Center.

Analysis
The initial project proposal was for a Patio Enclosure at the front of the library entrance immediately adjacent to San Antonio Road. This project would have enclosed the existing arbors, benches, and fountain which exists today. Due to the development standards that are in effect as of today the initial proposal would not have conformed thus necessitating an alternative location to be determined. Additionally, concern was raised that the community would lose their unrestricted access and enjoyment of the fountain feature which was dedicated by the residents at the City’s 25th Anniversary.

Once the project was sent to the Development Services Director for review a site alternative was discussed with the primary stakeholders of the project. The project before the City Council is the outcome of multiple working meetings and iterations to the project proposal which now proposes 322
Agenda Item # 7.

Subject: Authorization by City Council for the use of Civic Center Land for the Construction of Outdoor Library Patio and send to Planning Commission for Final Design Approval.

November 28, 2023 Page 3
a location alternative which mitigates any associated impacts and complies with all development standards established within the Los Altos Municipal Code.

The project proposes a new patio on the north side of the library immediately adjacent to the Apricot Orchard. Specifically, the project proposal does not remove any apricot trees as no trees exist today in the area which is proposed. The project design professionals have taken consideration of apricot tree locations and provided alternative locations in order to address the concerns of the History Museum. The project will include an enclosed patio area with multiple exterior entrances, perimeter fencing, umbrellas and shade features, new planting materials, hardscape and outdoor rated furnishings.

Consideration of the City Council
Tonight, the City Council is considering the general design, location, placement, and size of the Library Patio Project. If authorized the project will proceed to the Planning Commission where final design such as project materials will be reviewed and approved. General direction and consideration of design characteristics should be provided to the Planning Commission.

Consideration by the Planning Commission after tonight shall reflect final action and approval of the project.
323
Agenda Item # 7.

READING NOOK

LIBRARY

GATEWAY

WAYFINDING

SIGNAGE

BORROWED
VIEWS

BORROWED
VIEWS

BORROWED
VIEWS

BORROWED
VIEWS

NOISE MITIGATION

STORAGE
SHADED

SEATING

ORCHARD
INFO

WAYFINDING

SIGNAGE

OUTDOOR

CLASSROOM

LIBRARY

COURTYARD

READING NOOK

TO CITY HALL

TO DOWNTOWN

TO LIBRARY

ENTRANCE
ORCHARD MAINT. ACCESS ORCHARD MAINT. ACCESS

TO MUSEUM
YOUTH
CENTER

ORCHARD (C)
"FAMILY PICNICS"

CITY HALL

ORCHARD (A)
"INQUIRY" 51 TREES

ORCHARD (B)
"LOCAL FOODS"

ORCHARD (D)
"SHOWCASE BEAUTY"

ORCHARD (E)
"DIVERSE FAMILY TREES"
53 TREES

LIBRARY SAN ANTONIO ROAD

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022

CONCEPTUAL CIRCULATION PLAN
1/16" = 1'-0"
11 . 28 . 2023
01 OF 04

PEDESTRIAN CIRCULATION

SECURITY FENCE

ORCHARD MAINTENANCE ACCESS
GRAPHIC KEY:
324
Agenda Item # 7.

LOS ALTOS

HISTORY MUSEUM

LOS ALTOS

YOUTH CENTER SAN ANTONIO ROAD

ORCHARD (A)
"INQUIRY"

LOS ALTOS
POLICE

DEPARTMENT

ORCHARD (B)
"LOCAL FOODS"

ORCHARD (C)
"FAMILY PICNICS"

ORCHARD (D)
"SHOWCASE BEAUTY"

ORCHARD (E)
"DIVERSE FAMILY TREES"
HERITAGE ORCHARD EXISTING CONDITIONS:

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022

CIVIC CENTER HERITAGE ORCHARD OVERVIEW
1" = 30'-0"
11 . 28 . 2023
04 OF 04

LOS ALTOS

CITY HALL
ORCHARD MAINT. ACCESS

LOS ALTOS

LIBRARY

ORCHARD (A)
"INQUIRY"
6 EXISTING TREES

ORCHARD (B)
"LOCAL FOODS"
40 EXISTING TREES

ORCHARD (C)
"FAMILY PICNICS"
71 EXISTING TREES

ORCHARD (D)
"SHOWCASE"
34 EXISTING TREES

ORCHARD (E)
"DIVERSE FAMILY TREES"
23 EXISTING TREES
6 40
71 34
23 ORCHARD MAINT. ACCESS
325
Agenda Item # 7.

LOS ALTOS

HISTORY MUSEUM

LOS ALTOS

YOUTH CENTER

LOS ALTOS

CITY HALL SAN ANTONIO ROAD
ORCHARD MAINT. ACCESS

LOS ALTOS

LIBRARY

ORCHARD (A)
"INQUIRY"
ESTIMATED:
6 EXISTING TREES
-10 DISPLACED TREE LOCATIONS
45 OCC POTENTIAL NEW TREE LOCATIONS
3 MITIGATION TREE LOCATIONS
44 TOTAL

LOS ALTOS
POLICE

DEPARTMENT

ORCHARD (B)
"LOCAL FOODS"
42 EXISTING TREES
103 OCC POTENTIAL NEW TREE LOCATIONS
4 MITIGATION TREE LOCATIONS
149 TOTAL

ORCHARD (C)
"FAMILY PICNICS"
ESTIMATED:
71 EXISTING TREES
58 OCC POTENTIAL NEW TREE LOCATIONS
9 MITIGATION TREE LOCATIONS
138 TOTAL

ORCHARD (D)
"SHOWCASE"
ESTIMATED:
34 EXISTING TREES
59 OCC POTENTIAL NEW TREE LOCATIONS
21 MITIGATION TREE LOCATIONS
104 TOTAL

ORCHARD (E)
"DIVERSE FAMILY TREES"
ESTIMATED:
23 EXISTING TREES
31 OCC POTENTIAL NEW TREE LOCATIONS
8 MITIGATION TREE LOCATIONS
54 TOTAL
OVERALL TREE CAPACITY GOAL: 444 TREES

EXISTING TREES

OCC POTENTIAL NEW TREE LOCATIONS

MITIGATION TREE LOCATIONS

DISPLACED TREE LOCATIONS
ESTIMATED QUANTITIES:

ORCHARD (A) = 44
ORCHARD (B) = 149
ORCHARD (C) = 138
ORCHARD (D) = 104
ORCHARD (E) = 54
OPPORTUNITIES = 489

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022

CIVIC CENTER HERITAGE ORCHARD OVERVIEW
1" = 30'-0"
11 . 28 . 2023
03 OF 04
326
Agenda Item # 7.

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022

CONCEPTUAL PLAN
1/8" = 1'-0"
11 . 28 . 2023
03 OF 05
ORCHARD MAINT. ACCESS

TO MUSEUM

TO CITY HALL

ORCHARD (A)
"INQUIRY" 43 TREES

ORCHARD (B)
"LOCAL FOODS"

LIBRARY

LOUVERED FENCE OPEN

VIEWS TO SHOWCASE

ORCHARD

FENCE ON LOW

RETAINING WALL

EMERGENCY EXIT

CONCRETE RETAINING

WALL WITH CONCRETE

FLOATED TO FOUNDATION

FOR DEEP SEATWALL

MOVEABLE FURNTURE

PERMEABLE PAVERS

AUDIO VISUAL WALL

FOR OUTDOOR

CLASSROOM

EXISTING PATH

TO CITY HALL

RELOCATE

INTERPRETIVE SIGNAGE

FOR HERITAGE ORCHARD

PLANTING AREAS

LIBARY DOOR TO COURTYARD

ACCESS TO SERVER
ROOM

EXISTING UTILITY

YARD FENCE

LIBRARY STORAGE

NEW ACCESS GATE

BORROWED ACCESS

SPACE FROM UTILITY
YARD

DOUBLE GATES

BUILT-IN BENCH

MOVABLE FURNITURE

DONOR DISPLAY AND

LIBRARY PROMOTIONS

PERGOLA FOR SHADE

TO SAN ANTONIO RD

WIDENED CONCRETE
PATH

EXISTING HERITAGE

ORCHARD TREES
327
Agenda Item # 7.

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022
CONCEPT 3D MODEL VIEWS
NTS
11 . 28 . 2023
04 OF 05

PLAN VIEW AXONOMETRIC VIEW FROM NORTH

AXONOMETRIC VIEW FROM NORTH EAST AXONOMETRIC VIEW FROM NORTH WEST 328
Agenda Item # 7.

LANDSCAPE ARCHITECTS

LOS ALTOS LIBRARY
13 S. SAN ANTONIO ROAD
LOS ALTOS, CA 94022
CONCEPT 3D MODEL VIEWS
NTS
11 . 28 . 2023
05 OF 05

VIEW OF READING NOOKS FROM EAST VIEW UNDER COVERED PERGOLA FROM WEST

VIEW OF COVERED PERGOLA AND READING NOOKS FROM WEST AXONOMETRIC VIEW OF OUTDOOR CLASSROOM AND COVERED PERGOLA FROM WEST 329
Agenda Item # 7.

AGENDA REPORT SUMMARY
Meeting Date: November 28, 2023
Subject Restated City Manager Employment Agreement
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Restated City Manager Employment Agreement
Initiated by:

City Council
Previous Council Consideration:

June 22, 2021; October 11, 2022
Fiscal Impact:

The proposed restated agreement contains an increase in the City Manager’s base salary of $27,000 per year for a total annual salary of $284,595
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to approve the restated employment agreement? Summary:
 The restated employment agreement for City Manager includes an increase of $27,000 per year in the City Manager’s base salary
Staff Recommendation:

Approve the restated employment agreement for City Manager which includes a base salary of $284,595
330
Agenda Item # 8.

Subject: Restated City Manager Employment Agreement
November 28, 2023 Page 2
Purpose
To approve the restated employment agreement for the City Manager Background
On June 22, 2021, the City Council approved an employment agreement with Gabe Engeland to serve as City Manager for the City of Los Altos. This agreement was amended on October 11, 2022.

Discussion/Analysis
The City Council has concluded its annual performance review for Mr. Engeland and wishes to make the following modification to the agreement:
 Compensation increase of $27,000 per year for a new base salary of $284,595 The restated agreement will be retroactive to July 1, 2023.

Recommendation
It is recommended that Council approve the restated employment agreement for City Manager which includes a base salary of $284,595
331
Agenda Item # 8.
1 CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated Agreement for Employment of City Manager (this “Agreement”) is made and entered on this __ day of ______, 202__, by and between the City of Los Altos (the “City”), a California general law municipal corporation, and Gabriel Engeland (“Engeland”) (jointly, the “Parties”).

RECITALS
WHEREAS, on June 22, 2021, the Parties entered a City Manager Employment Agreement (the “Employment Contract”) setting forth the terms and conditions of Engeland’s employment by the City as the City’s City Manager; and
WHEREAS, the effective date of the Employment Contract was July 19, 2021; and WHEREAS, the Employment Contract was amended on October 11, 2022, by Amendment No. 1 to the Employment Contract (the “First Amendment”); and WHEREAS, the City Council now desires to amend the Employment Contract again to increase Engeland’s salary by $27,000 annually; and
WHEREAS, for administrative convenience the Parties desire to amend and restate the Employment Contract in full to reflect in one document the original provisions of the Employment Contract as amended by the First Amendment, and to reflect the foregoing salary increase; and
WHEREAS, the Parties do not intend the amendment and restatement of the Employment Contract to affect its interpretation in any manner except to reflect the amendments in the First Amendment and to reflect the foregoing salary increase; and WHEREAS, the City is best served by a City Manager who establishes and maintains a strong partnership with the City Council and the community, and such a partnership is best achieved by the City Manager’s involvement in a broad spectrum of community activities and by having a personal stake and interest in the quality of life shared by those who live in the community; and
WHEREAS, the City Manager is an integral part of the City’s Emergency Services Team and the City Council has developed a heightened awareness of the value of having the City Manager available during the critical hours immediately following catastrophic events; and WHEREAS, the City Council believes, therefore, that it is in the best interest of the community for the City Manager to reside within the geographic boundaries of the City, and recognizing the high cost of housing, the City determines that it is in the City’s best interest to assist in such housing; and
332
Agenda Item # 8.
2 WHEREAS, the housing assistance shall be in accordance with the terms of this Agreement; and
WHEREAS, the City Council finds that above stated reasons for the housing assistance constitute legitimate public purposes for making the housing assistance; NOW, THEREFORE, in consideration of the respective and mutual covenants hereinafter contained and made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and subject to all the terms and conditions hereof, the Parties agree as follows:

SECTION 1. EMPLOYMENT, DUTIES AND RESPONSIBILITIES
A. Appointment of City Manager. City does hereby agree to employ Engeland in the capacity of City Manager with a work start date of July 19, 2021 (the “Effective Date”).

Engeland’s employment is “at-will” and Engeland serves at the pleasure of the City-Council.

B. Duties. Engeland shall perform the functions and duties specified under the Government Code of the State of California, the Los Altos Municipal Code, and Ordinances and Resolutions of the City, and to perform such other legally permissible and proper duties and functions as the City Council shall from time-to-time assign.

C. Term of Agreement. This Agreement shall be effective from July 19, 2021, and will remain in force and effect until terminated as provided herein, Engeland resigns, or Engeland dies or becomes incapacitated or otherwise unable to perform the duties hereunder.

Nothing in this Agreement shall prevent, limit, or otherwise interfere with (a) Engeland’s at-will status; (b) the right of the City to terminate the services of Engeland as provided herein; or (c) the right of Engeland to resign from his position as provided herein.

D. [Deleted by the First Amendment.]
E. Hours of Work. Engeland is expected to devote the necessary time outside normal office hours to the business of the City. To that end, Engeland shall be allowed flexibility m setting his own office hours, provided that Engeland shall work as necessary during customary business hours to satisfactorily perform his City Manager duties and responsibilities and be available to other City staff during customary business hours. This position is exempt from the Fair Labor Standards Act overtime pay requirements; therefore, Engeland shall not be entitled to additional compensation for any work performed in excess of the City’s regular workweek. Engeland shall keep the City Council and his direct reports aware of his office schedule.

F. Exclusive Employment. The employment provided for by this Agreement shall be Engeland’s sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and the community, subject to prior approval by the City Council, Engeland may elect to accept limited teaching, consulting 333
Agenda Item # 8.
3 or other business opportunities which do not interfere with or create a conflict of interest (or the appearance of a conflict of interest) with the performance of his duties or obligations under this Agreement, or place the City, the City Council or Engeland in an unfavorable light.

SECTION 2. COMPENSATION - SALARY AND BENEFITS
A. Salary.

1. Initial Base Salary. City shall pay Engeland an annual base salary of Two Hundred Forty-five Thousand and Ninety-five Dollars ($245,095) (“Base Salary”). Salary shall be paid in bi-weekly installments at the same time as other employees of City are paid.

Engeland’s Base Salary shall increase to Two Hundred Fifty-seven Thousand Five Hundred Ninety-five Dollars ($257,595) effective the first pay period after July 1, 2022. Engeland’s Base Salary shall increase to Two Hundred Eighty-four Thousand Five Hundred Ninety-five Dollars ($284,595), effective the first pay period after July 1, 2023.

2. Changes to Compensation. Should the City Council, upon completion of its annual review of Engeland’s performance pursuant to this Agreement, determine that Engeland has met City’s performance expectations, the City Council may consider an increase in Engeland’s compensation. Said consideration may include factors such as employee performance level, salary survey data and compensation increases granted to other City management employees.

Engeland understands and agrees that he has no entitlement to an increase in compensation. City Council will inform Engeland of its decision. Changes to compensation may include adjustment to base salary, bonus, or other discretionary benefits as determined by the City Council.

B. Benefits.

1. CalPERS. Engeland will be enrolled into the California Public Employees Retirement System (CalPERS). The terms of the contract between City and CalPERS and applicable law shall govern the eligibility for and level of benefits to which Engeland is entitled. Based on Engeland’s hire date and date of entry into CalPERS, Engeland shall be classified as a “new member” as defined by Government Code Section 7522.04(e). With respect to retirement compensation and all other relevant respects, City will comply with Government Code Section 7522 et. seq., including but not limited to the employee cost-share, the cap on pension benefits, and the three-year average for calculating final compensation. As a new member, retirement benefits are pursuant to the California Public Employee’s Retirement Reform Act of 2013 (PEPRA) Section 7522.10, employees hired on or after January 1, 2013, will have a retirement formula of 2% @ 62 and will pay 50% of the normal CalPERS retirement cost.

Employee contribution is currently set at 6.25% and is subject to change based on CalPERS actuarial. CalPERS formula and benefit are subject to change based on future CalPERS law modifications and City policy. The City does not participate in Social Security, nor is it currently enrolled for State Disability Insurance.

2. Benefits. Except as otherwise set forth in this Agreement, in addition to the benefits specified herein, Engeland shall be eligible to participate in any and all employee 334
Agenda Item # 8.
4 benefits otherwise accorded to City’s unrepresented employees, and not covered under a Memorandum of Understanding, including without limitation to participation in health, dental, vision and other supplemental benefits, and those benefits may be subject to change.

3. Vacation. As of the Effective Date, Engeland shall be credited with eighty (80) hours of vacation and with the equivalent of 10-11 years of continuance service for purpose of setting a vacation accrual schedule, thus providing an effective rate of one hundred forty-four (144) hours per year. Engeland shall be entitled to accrue, use, or redeem vacation leave in whatever manner is permitted pursuant to City policy, as same may be amended from time to time by action of the City Council.

4. Sick Leave. As of the Effective Date, Engeland shall be credited with forty (40) hours of sick leave and accrue sick leave at a rate of ninety-six (96) hours per year.

Engeland shall be entitled to accrue, use, or redeem sick leave in whatever manner is permitted pursuant to California Labor Code Section 246.5 or any other applicable City policy, as same may be amended from time to time by action of the City Council.

5. Management Leave. As of the Effective Date, Engeland shall be credited with twenty-four (24) hours of Management Leave, and he will thereafter accrue Management Leave at the rate of one hundred twenty (120) hours per year. Engeland shall be entitled to accrue, use, or redeem Management Leave in whatever manner is permitted pursuant to City policy, as same may be amended from time to time by action of the City Council.

SECTION 3. ADDITIONAL EXPENSES
A. Professional Development, Dues and Subscriptions. City agrees to pay for the professional dues, subscriptions, and other costs of Engeland deemed necessary for his participation in national, state, regional, and local associations and organizations and in meetings, conferences, and training related directly thereto, including but not limited to the International City/County Management Association, League of California Cities, and County City Managers’ Association, which are considered mutually desirable for his continued professional participation and growth and for the good of the City, subject to budgetary approval and City Council oversight.

B. Business Expenses. City shall reimburse Engeland for all necessary and appropriate business expenses, including, but not limited to, the costs of business meetings, business meals, staff functions and special events attended in an official capacity, subject to any guidelines the City Council may impose. Any expenditures must be in conformance with any applicable City reimbursement policy.

C. Vehicle and Cell Phone Expenses. Notwithstanding Section 2 above, Engeland: (1) is entitled to an auto allowance the same as the City Directors (that is $350.00 per month at the Effective Date), which shall not be considered pensionable compensation pursuant to Government Code Section 7522.34(c)(7); (2) shall have access to City pool cars consistent with City policies; and (3) will be provided with a cell phone for business use, however he is not entitled to allowance or reimbursement of expenses associated with use of that cell phone. 335
Agenda Item # 8.
5 SECTION 4. RELOCATION AND HOUSING ASSISTANCE
A. Relocation Assistance. City shall provide up to $15,000 reimbursement to Engeland for actual and documented expenses associated with moving and temporary storage of household goods for this City Manager position. Reimbursement will be made upon presentation to City of receipts) for reasonable costs.

B. Temporary Housing Assistance. On or about the Effective Date, Engeland agrees to reside within the corporate limits of the City.

1. Housing Assistance. The Parties contemplate that, starting on the Effective Date, the city will provide assistance to Engeland for the rental or lease of housing in Los Altos through a cash payment to be dispersed to Engeland in equal payments monthly. The City will bear the actual and reasonable monthly rental or lease cost in the amount of Two Thousand Five Hundred ($2,500) Dollars per month, which shall not exceed a total annual amount of Thirty Thousand ($30,000) Dollars. The City shall provide this Housing Assistance until six (6) years following the Effective date of the contract or until Engeland decides to purchase a primary resident pursuant to Section 4(B)(2) below, whichever occurs first. Such housing shall be located within the corporate limits of the City. This housing assistance shall not be considered pensionable compensation pursuant to government code Section 7522.34(c)(7). Engeland will keep accurate records related to such lease or rental payments.

2. Primary Residence Purchase Assistance. If during the term of the Agreement, Engeland decides to purchase a primary residence within the corporate limits of the City, the City agrees to negotiate in good faith an agreement with Engeland whereby the City provides some form of financial assistance toward the purchase of the residence. The amount of the City’s assistance and Engeland’s contribution, the method of financing, and other elements of a purchase transaction will be determined through good faith negotiations and mutual agreement and documented in an amendment to this Agreement. Engeland’s performance of his duties and responsibilities as City Manager will also be factored into such negotiations. At no time will the City provide both the Temporary Housing Assistance and the Primary Residence Purchase Assistance at the same time.

SECTION 5. PERFORMANCE REVIEW
The intent of the Parties is that there be open and constructive communication between the City Council and City Manager regarding the City Manager’s performance and City Council expectations regarding such performance.

A. Initial Performance Expectations. Within sixty (60) days of the Effective Date, the City Council will establish performance expectations for Engeland.

B. Annual Review. The City Council shall conduct annual reviews of Engeland’s performance on or around the anniversary of the Effective Date. The objective of such 336
Agenda Item # 8.
6 review shall be to maintain an optimal working relationship and a mutual understanding and agreement on duties, responsibilities, and priorities between Engeland and the City Council.

Performance expectations are an integral part of the evaluation and may be updated from time to time throughout the year.

C. Use of Facilitator. Either the City Council or Engeland may request the involvement of an outside facilitator in such annual reviews. Engeland will arrange for such services with a mutually agreed upon facilitator in a manner that ensures the completion of the entire review process in a timely manner and consistent with the terms of the Agreement.

SECTION 6. TERMINATION AND SEVERANCE
A. Termination by the City. The following provisions apply to any termination of Engeland’s employment by the City:

1. Engeland is an at-will employee who may be terminated for any or no reason, and Engeland shall serve at the will and sole pleasure of the City Council. In the event Engeland is terminated for any reason prior to the expiration of the employment term, or any extension, except as otherwise specifically stated in the Agreement, including subsections 6.A.2,

6.A.5 and 6.B below, City shall pay Engeland a severance payment described herein, provided, however, that such severance payment shall be contingent on Engeland first executing a release and waiver of all rights to sue the City or any city employee or official, which release and waiver shall be drafted by the city attorney or designee.

The severance payment that Engeland shall be entitled to shall be as follows:

If the City decides to terminate Engeland, City shall provide six-month’s notice and (i) a lump sum payment equal to six (6) months base salary or the number of months left on the unexpired term of the Agreement (whichever is less),
1 (ii) cash out of any accrued leave balances that are
compensable (per City policy) upon termination of employment, and (iii) pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the City shall reimburse Engeland for COBRA eligible benefits, subject to presentation of receipts, for six-month period after termination, or until Engeland either secures full-time employment or obtains other health insurance coverage, or the number of months left on the unexpired term of the Agreement, whichever of these events occurs first. Engeland shall notify City within five (5) days of securing new full-time employment or acquiring health insurance coverage. If Engeland is willing and able to perform his duties under this Agreement, Engeland will continue performing his duties as City Manager during the six-month notice period referenced above, unless otherwise approved by the City Council.

Any severance payment shall exclude all other benefits, such as retirement, health, vision, and dental benefits. In addition, vacation and sick leave accrual shall immediately cease upon the date of City’s notification to Engeland that his employment will be terminated. The

1 Editor’s Note: Reference to the unexpired term of the Agreement is to former provisions of Section 1.C that were removed by the First Amendment.
337
Agenda Item # 8.
7 severance pay shall be computed from the effective date of Engeland’s termination. The intent of these provisions is to comply with Government Code section 53260.

This Section shall not apply to non-renewal of this Agreement as set forth in Section l.D.2

2. The City may terminate this Agreement immediately for Engeland’s willful negligence, dishonesty, fraud or because of his conviction of any felonious act, any other illegal act involving use of Engeland’s position for personal gain, any crime involving moral turpitude, or any material breach of this Agreement. City shall have no obligation to pay the severance or the other benefits set forth in Section 6.A of this Agreement. Such termination shall herein be referred to as a termination “for cause.” Notwithstanding the use of the term “cause” herein, nothing herein contained shall be deemed to create or establish a property right or a right to continuing employment in the position of employment of Engeland or affect City’s right to terminate the employment of Engeland with or without cause in accordance with this Agreement.

3. Termination of this Agreement shall require at least three affirmative votes of the City Council at a lawfully called meeting, as provided by the provisions of the Ralph M. Brown Act (California Government Code §54950 et seq.). Effective date of Termination is at the discretion of the City Council. Except for a “for cause” termination pursuant to Section 6.A.2, the City shall take no action to terminate the services of Engeland before the second Tuesday of March immediately following a regular election at which one or more new members are elected to the City Council, thereby allowing new Councilmembers adequate time to assess Engeland’s performance.

4. In the event that the City Council formally asks Engeland to resign and he is willing and able to perform his duties under this Agreement and the Los Altos Municipal Code, then Engeland shall be entitled to resign and still receive the severance benefits outlined in section 6.A, provided he agrees to the release and waiver requirements in section 6.A.

5. In the event that, at the time of termination, Engeland is under investigation by any law enforcement agency for any reason that would meet the definition of a “for cause termination” as defined in Section 6.2, City may withhold all or part of such severance pay until it is determined if charges will be filed, and if charges are filed, until final judgment is rendered.

6. Upon termination or expiration of this Agreement, Engeland agrees to cooperate with the City in any pending lawsuit or legal matters in which he may have relevant information.

B. Termination by Manager. Due to the important nature of Engeland’s duties to the City, Engeland shall not terminate this Agreement during the initial two (2) year Term

2 Editor’s Note: This clause is made moot by the deletion of Section 1.D in the First Amendment. 338
Agenda Item # 8.
8 of this Agreement without cause, unless City agrees to such termination in writing. Thereafter, Engeland may terminate this Agreement through a resignation by giving the City notice of his intent to resign and providing an effective date for his resignation that is at least thirty (30) days’ after he provides notice of his intent to resign. Engeland and the City agree that the City has discretion to select an effective date for the resignation that is earlier than the effective date stated by Engeland. If Engeland terminates this Agreement through a resignation, he is not entitled to receive any severance payment.

In the event Engeland terminates his employment under this Agreement, the provisions of this Agreement and all compensation and benefits owed Engeland under it shall cease upon the effective date of such termination as determined by City.

SECTION 7. GENERAL PROVISIONS
A. Indemnification. City agrees to defend, hold harmless and indemnify Engeland against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Engeland’s duties. City is not required to indemnify Engeland for any illegal acts committed by Engeland but may agree to do so, in its discretion.

B. Bonding Requirements. City shall bear full cost of the fidelity bond required of Engeland under any law or ordinance in connection with his duties hereunder. This Agreement shall be deemed void and of no effect if Engeland is unable to qualify for any such fidelity bond prior to the Effective Date.

C. Other Terms and Conditions. The Council, in consultation with Engeland shah fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Engeland provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement or State law.

All provisions of the City Code and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions pertaining to City Department Heads as they now exist or hereafter may be amended, except as otherwise set forth herein also shall apply to Engeland.

D. Severability. If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable and shall remain in full force and effect.

E. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

Mayor and City Council City of Los Altos
One North San Antonio Road
Los Altos, CA 94022
Gabriel Engeland
City Manager City of Los Altos
One North San Antonio Road
339
Agenda Item # 8.
9 Los Altos, CA 94022
(or to Engeland’s home address on file)
Notices also may be personally served in the same manner as applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission by the United States Postal Service. Either party hereto may change their respective address of record by providing written notice thereof in accordance with this Section.

F. Amendments. Any amendments to this Agreement must be in writing and executed by both Parties.

G. General Provisions. The text herein shall constitute the entire Agreement between the Parties.

1. No provisions of this Agreement may be modified, waived, or discharged unless such waiver, modification or discharge is agreed to in writing by the City and Engeland. No waiver of either party at any time of the breach of, or lack of compliance with, any conditions or provisions of this Agreement shall be deemed a waiver of other provisions or conditions hereof.

2. This Agreement contains the entire agreement and understanding between the Parties and contains all of the terms and conditions of the Parties’ agreement and supersedes any other oral or written negotiations, discussions, representations, or agreements.

Engeland acknowledges that he has not relied on any promises, statements, representations, or warranties except as set forth expressly in this Agreement.

3. This Agreement shall be binding upon and shall inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the Parties, provided, however, that Engeland may not assign his obligations hereunder.

4. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and venue for any action concerning this Agreement shall be limited to the Superior Court for the County of Santa Clara.

5. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

6. The Parties hereto acknowledge and agree that, although this Agreement has been drafted by City’s legal counsel, Engeland has reviewed, or had an opportunity to review, the terms of this Agreement with his legal counsel. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting party shall 340
Agenda Item # 8.
10 not be employed in connection with this Agreement and this Agreement shall be interpreted in accordance with its fair meaning.

7. Unless provided for otherwise by this Agreement, all provisions of the Los Altos Municipal Code Chapter 2.01 (as amended) entitled “City Manager,” which are applicable to the City Manager shall remain in full force and effect.

8. Required provisions of California Government Code 53243-53243.4 (and as subsequently amended) are hereby agreed to and expressly made a part of this Agreement.

IN WITNESS WHEREOF, the undersigned have executed this Agreement. This Agreement may be executed in counterparts, and each counterpart shall be deemed a duplicate original. A copy of a signature shall be deemed equivalent to an original signature. Electronic, fax and email signatures are equally binding as originals.

CITY
By: ___________________________________
Sally Meadows, Mayor
ATTEST
_______________________________________
Melissa Thurman, City Clerk

APPROVED AS TO FORM
_______________________________________
Jolie Houston, City Attorney

GABRIEL ENGELAND
____________________________________
341
Agenda Item # 8.

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.

December 5, 2023
City Council Reorganization
December 12, 2023
Closed Session: TBD
Study Session: TBD
AGENDA TITLE: DEPARTMENT:

SPECIAL ITEMS:

CONSENT:

Contract for Investment Advisor FIN
RFP – Audit Services FIN
Approve Updated Employee Policies & Procedures HR
Waive Second Reading and Adopt Housing Element Ordinance Dev. Svcs.

PUBLIC HEARING:

DISCUSSION ITEMS:

Discussion on the Downtown Wireless Connectivity CM
Update on the Stormwater Master Plan Implementation Status PW 2024 City Council agenda calendar items are pending and will be published at a later date. 342
Agenda Item # 9.

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 IN-PROGRESS
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

PLANS IN

DEVELOPMENT
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 IN-PROGRESS 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 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 IN-PROGRESS Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED 343
Agenda Item # 9.

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 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
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

TO BE COMPLETED
BY 1/31/2024
Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024

TO BE COMPLETED
BY 1/31/2024
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 IN-PROGRESS Program 3.I: Allow residential care facilities consistent with State law. March 31, 2024

TO BE COMPLETED
BY 1/31/2024
Program 3.J: Explicitly allow manufactured homes consistent with State law. March 31, 2024

TO BE COMPLETED
BY 1/31/2024
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 IN-PROGRESS
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. December 31, 2024

TO BE COMPLETED
BY 1/31/2024
Program 1.C: Allow housing in the Office Administrative (OA) District. December 31, 2024

TO BE COMPLETED
BY 1/31/2024
344
Agenda Item # 9.

Program 1.E: Update the Loyola Corners Specific Plan. December 31, 2024

TO BE COMPLETED
BY 1/31/2024
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 CONTRACT SIGNED Program 3.B: Modify building height in mixed-use zoning districts.

Commercial
Neighborhood (CN)
District December 31, 2024 IN-PROGRESS
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 IN-PROGRESS
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

TO BE COMPLETED
BY 1/31/2024
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 345
Agenda Item # 9.

Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 IN-PROGRESS 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 346
Agenda Item # 9.

Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
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 347
Agenda Item # 9.