Agenda packet, first session — Los Altos City Council, April 9, 2024 (part 1 of 2)

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, April 09, 2024
via Videoconference and In Person
PARTICIPATION: Members of the public may participate by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA during the meeting.

Public comment is accepted in person at the physical meeting location, or via email to [email protected].

RULES FOR CONDUCT: Pursuant to Los Altos Municipal Code, Section 2.05.010 "Interruptions and rules for conduct": Understanding that the purpose of the city council meetings is to conduct the people's business for the benefit of all the people, in the event that any meeting of the city council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the mayor, mayor pro tem, or any other member of the city council acting as the chair may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the council meeting, or otherwise proceed pursuant to Government Code Section 54957.0 or any applicable penal statute or city ordinance.

REMOTE MEETING OBSERVATION: Members of the public may view the meeting via the link below, but will not be permitted to provide public comment via Zoom or telephone. Public comment will be taken in-person, and members of the public may provide written public comment by following the instructions below.
https://losaltosca-gov.zoom.us/j/87477676054?pwd=NbVaGbG0RTUVuE9Su1bTTiSlzKr1uf.1 Telephone: 1-669-444-9171 / Webinar ID: 874 7767 6054 / Passcode: 852914 SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Emails sent directly to the City Council as a whole or individually, and not sent to [email protected] will not be included as a public comment in the Council packet.

Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information are not required to be included with your comments. If this information is included in your written comments, they will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as they are submitted. Please do not include any information in your communication that you do not want to be made public.

Correspondence submitted in hard copy/paper format must be received by 2:00 p.m. on the day of the meeting to ensure distribution prior to the meeting. Comments provided in hard copy/paper format after 2:00 p.m. will be distributed the following day and included with public comment in the Council packet. 1 4/9/2024 CITY COUNCIL MEETING AGENDA Page 2 of 4
The Mayor will open public comment and will announce the length of time provided for comments during each item.

AGENDA

CALL MEETING TO ORDER

ESTABLISH QUORUM

PLEDGE ALLEGIANCE TO THE FLAG

REPORT ON CLOSED SESSION

CHANGES TO THE ORDER OF THE AGENDA

SPECIAL ITEMS
Recognition of Arab American Heritage Month
Recognition of Earth Day 2024

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. The Mayor will announce the time speakers will be granted before comments begin. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
04-09-2024 Written Public Comments

CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.

1. Approve the draft regular meeting minutes for the meeting of March 26, 2024

2. Authorize the City Manager to execute the Subdivision Improvement Agreement and approve Final Parcel Map for 14 Fourth Street

3. Adopt a Resolution approving the appointment of Sarina Revillar, a CalPERS Retiree, as Interim Finance Director to comply with Government Code Section 21221(h)

4. Adopt a Resolution approving the raising of the Progress Pride flag in June 2024

5. Adopt a Resolution approving the raising of the Juneteenth flag in June 2024 2 4/9/2024 CITY COUNCIL MEETING AGENDA Page 3 of 4

PUBLIC HEARINGS

6. ADU Ordinance Amendments: Introduce and Waive Further Reading of Zoning Ordinance Text Amendments which implement programs identified in the adopted housing element, Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs), and Program 6.G:

Housing Mobility, and necessary amendments to comply with State law; and consideration of the City of Los Altos Planning Commission’s March 21, 2024, recommendation with modifications and find that 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

DISCUSSION ITEMS

7. Program Modification and Recommendations for Tiny Tots Programs and Award Three-year Agreement with Children’s Corner to operate Preschool-age Services

8. Discuss the Criteria for Art in Public Places

9. Discuss and consider taking positions on various Senate and Assembly Bills

INFORMATIONAL ITEMS ONLY
There will be no discussion or action on Informational Items

10. Tentative Council Calendar and Housing Element Update Implementation Calendar

11. Organizational Update from Community Health Awareness Council (CHAC)

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)

SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610.

All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk’s Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body.

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 3 4/9/2024 CITY COUNCIL MEETING AGENDA Page 4 of 4
4 1
Melissa Thurman
From: Ken Girdley <[email protected]>
Sent: Friday, March 29, 2024 10:27 AM
To: Public Comment; City Council
Subject: Repeal Los Altos Gas Appliance Ban NOW
Dear Mayor and Council Members,
Many residents of Los Altos are expecting city council to immediately repeal the current ban on gas appliances in new construction and major remodels based on the recent appellant court's decision to force Berkeley to repeal their gas appliance ban. I hope our city council is not waiting for a resident to file a lawsuit before repealing the ban because as we all know, lawsuits can be very costly for both parties.

Ken Girdley
Los Altos Resident
5 1
Melissa Thurman
From: Mar P <[email protected]>
Sent: Sunday, April 7, 2024 6:10 AM
To: Public Comment
Subject: Public written comment for 4/9/24 Agenda item #7: Tiny Tots/ Kinder Prep Preschool Dear Los Altos City Councilmembers,
As you vote on the city’s proposed plan for the Tiny Tots/Kinder Prep preschool on 4/9/24, I thank you in advance for considering the strong opposition of many community members to this plan. I thank you as well for the attention which you have already given to our concerns. I strongly oppose this plan. I urge you to reject this plan. By doing so, you will be saving the most valuable school experience that many of our community’s children will ever have.

It is one thing if a building is not being used and is rented out by the city to a private company. It is completely different and, in my opinion, UNETHICAL to eliminate quality affordable preschool programs already established in order for the city government to PROFIT OFF OF OUR YOUNG CHILDREN. This is especially unethical if basic alternatives to eliminating the programs, such as increasing tuition and advertising, have not been utilized for years, as is the case in Los Altos for these preschools.

It seems, as parents have feared, the tuition will drastically increase- from $4K per year to at least $10-12K per year from privatization of the preschool programs. With the city’s proposed privatization plan, the city could make around $30,000 per year minus the San Antonio club repairs, according to the city council agenda’s report. The Children's Corner, the private preschool chosen by the city to take over, might benefit from having a lower rent than with other locations. This will benefit some parties -i.e. the city budget and the Children's Corner.

This modest benefit to the city’s budget would occur AT THE STRONG DETRIMENT to the community's young children and families.

At a prohibitively high cost for families, privatizing the current programs leads to programs of inferior quality replacing the amazing teachers we have, who have worked as a team and carefully developed their programs over many years. One cannot replace our teachers with entirely new staff teams starting from scratch AND expect them to be of comparable quality.

I advocate strongly against this proposal. I advocate for reasonable alternatives to eliminating our quality established city-run preschool. The main reasonable alternative is increasing tuition of the current programs.

Even if increasing tuition by 150 percent, to ~$7K, this is still an affordable option. I have heard that tuition increases haven't taken place in ~10 years, in spite of losses occurring some years. I contest that the city could mostly cover the costs of running these programs by:
1) Moderately increasing tuition, i.e. by ~150%
2) Low-cost advertising for adequate enrollment and recruiting of part-time staff 3) Returning Tiny Tots back to 4-5 days per week
4) Collaborating with teachers for additional strategies and needs The report’s arguments are faulty that TK (Transitional Kindergarten) expansion in public schools will eliminate the demand for Tiny Tots and Kinder prep. This is because:
1) In spite of Los Altos already having a public TK offering, our Kinder prep, in this same age range, is enrolled to full capacity.
6 2
2) Free public school offerings still miss the needs of a large part of the community who can and will engage in offerings of quality over quantity. The needs that the public schools will often not meet for this same age range include, but are not limited to a) Smaller class sizes -16 student cap at Kinder prep versus ~24 students in public school classes and b) Partial day length of Kinder prep rather than full day length of local public schools.
2) Tiny Tots allows children too young for public school TK's. Tiny Tots starts as young as 2.8 years old, but TK's start at the youngest 4 years old.

If the city feels compelled to take other measures other than moderately increasing tuition to mitigate costs, WITHOUT eliminating the current excellent city-run preschools, please consider the following strategies, with “*” indicating the most important considerations.
*1) Increase the Tiny Tots program back to a 4-5 day per week, similar to Kinder-Prep (which is half-day Mon-Thurs). Reasons for this include:
a) Tiny Tots was usually a 5 day program (with the option for a 3 vs 5 days per week for participants). When the change to 3 days per week happened in Fall 2023, I have heard that there was an >40% reduction in income, an important factor not included in the agenda reports. b) The reason for the change of Tiny Tots from 5 days to 3 days per week is not known by the teachers, and the teachers were not consulted about this decision.
*2) Advertise the program with low cost advertising strategies to maximize enrollment and staff recruiting.

Reasons for this:
a) When flyers were passed out at Farmer’s Markets and other community events and locations for 2 months by teachers during COVID, enrollment issues were resolved during that time. However, the teachers were subsequently discouraged from advertising further.
b) Volunteer parents such as myself could do this advertising at no cost to the city. *3) Involve the current teachers in additional planning and decision making which could have fiscal implications. Reasons for this:
a) When teachers have been involved in advertising and running the programs, things went well. For example, in COVID, these teachers advertised with flyers at community events and community locations due to enrollment concerns. THIS WAS EFFECTIVE. When a decision was made without their input, such as decreasing Tiny Tots to 3 days per week, this went poorly from a financial perspective. The teachers will know best what would maximize enrollment with their knowledge of the students’ families’ needs. b) These teachers can best discern what are “needs” versus “wants” for programs to still run well, such as with supplies, staffing, hours offered, extra activities, etc. The teachers themselves would know best where can be trimmed budget-wise with the least risk to the main preschool needs. For example, they have already noted a surplus of supplies which could be used to save supply costs for the following year. c) With challenges of recruiting and hiring part-time staff, collaborating with current teachers and parents to strategically advertise would likely be effective, which does not seem to have yet been done. 4) Rent out the community center to a private preschool, but keep San Antonio club for Tiny Tots and Kinderprep. Kinderprep could take place in the mornings, and Tiny Tots in the afternoons in the same building. San Antonio Club has housed both of the two programs before, (while the Los Altos Community Center was being built), so it is feasible. Rationale:
a) The city would still profit from renting out some of their space. b) The city wouldn’t have to make the alterations to the San Antonio club mentioned, mitigating this unknown additional financial cost.
c) Outrage of community members would be prevented. The community will be affected by the symbolism of a private company using and eliminating city resources if the San Antonio Club was altered and the private preschool was to take over a 50+ year old quality city program. 7 3
5) Reduce Lunch and Play to 1-2 days per week and/or charge more per hour, or eliminate the Lunch and Play program if that will make the difference to keep the main preschool programs running.

Reasons:
a) Reduces effort to staff with less days of the program per week b) Reduces potential financial losses of having too few kids per staff.

As a physician, and in particular, a child and adolescent psychiatrist, I can attest to the excellent quality of the Tiny Tots preschool, which my daughter is attending in her 2nd year. This is in contrast with many other preschools, whose financial pressures as businesses promote quantity over quality, to the detriment of the child’s critical early development.

I thank you for your support of the Tiny Tots and Kinder Prep preschools over the years, for which my daughter and our family are incredibly grateful. I urge you to save these valuable preschools from being sacrificed for a prohibitively expensive private alternative by voting against this detrimental proposal to the children of our community.

Sincerely,
Marina Post
8 April 7, 2024
Re: April 9, 2024, Meeting, Agenda Item #2 (Comprehensive ADU Update) Dear Mayor Weinberg and Members of the City Council:

The League of Women Voters (LWV) supports policies that encourage the development of housing, particularly affordable housing. We encourage the building of Accessory Dwelling Units (ADUs) as they are typically more affordable by design.

The programs proposed regarding ADUs were included in the Housing Element Update (HEU) and should encourage development that will allow Los Altos to meet its Regional Housing Needs Assessment (RHNA) goals. We commend the City for its aggressive implementation of the HEU.The City will be ahead of the schedule it promised in the HEU in several respects if it implements the proposed ordinance now.

The LWV applauds Los Altos for being a leader in providing permit-ready ADU plans, making it easier for homeowners to build this housing.

Please send any questions about this email to Sue Russell, Co-Chair of the Housing Committee, at [email protected].

Sincerely,
Katie Zoglin, President
Los Altos-Mountain View Area LWV
C: Gabe Engeland, City Manager
Melissa Thurman, City Clerk
Nick Zornes, Development Services Director
Jon Maginot, Assistant City Manager
[email protected]
9 April 8, 2024
Dear Honorable Council Members,
As you are aware, at close of business on April 4, the city published a recommendation to close Playschool and continue KinderPrep for one additional year before making a decision about its future. The statements revealed in this recommendation show that the financials for the program significantly worsened between 2023 and 2024 due to a number of changes. Chief amongst them was reducing the Playschool program from 5 days a week to 3 days a week, which reduced revenue by 44%. Also included were accounting changes such as allocating unfunded pension liabilities to the program, which while a reasonable decision, should not be considered in a break-even analysis when deciding whether to continue running the program as these costs cannot be avoided by closing the program. While the city now offers a full day TK, KinderPrep continues to be highly enrolled as many families opt for a half day program.

It must be understood that closing Playschool would be a death knell for the KinderPrep program. It would allocate all overhead costs to a single program. It would also harm the enrollment pipeline - KinderPrep is always fully enrolled at the beginning of the year because students continue on from Playschool. And it would reduce the desirability of the program as it’s hard for families to switch schools every year both because children and parents like to continue on with those they already have relationships with and also because searching for a school program is a time consuming and stressful process parents do not wish to repeat on an annual basis.

While offering a transitional KinderPrep year without continuing the Playschool program would allow families in Playschool to finish their time in the program, many in the community would feel insulted by such a course of action. There’s a widespread feeling that everything one would do to kill a program has been done to Tiny Tots including zero marketing, moving to 3 days/week, and no tuition raises in over a decade. By pursuing a course of action that almost certainly results in the closure of KinderPrep a year from now, it’s yet one more cut in a slow death of a thousand cuts. Instead, we ask that you give the program and community a real chance to address any concerns.

We would ask that you consider an alternate solution composed of the following elements:
● Restore the Playschool program to 5 days per week
● Address losses from the Lunch and Play (LAP) program
● Exclude costs from the analysis that the city will retain if program is canceled ● Increase tuition for the first time in over a decade
Restore the Playschool program to 5 days per week
Revenue was reduced by 44% or $65,900 between 2023 and projected 2024 year-end. The explanation from staff is that the reduction in revenue was caused by decreased enrollment due to a reduction in hours of the Playschool program.
10 The city’s programs can run no more than 12 hours per week due to licensing restrictions. The Playschool program previously ran as two offerings on M/W/F or T/Th, so that no offering exceeded 12 hours per week. Additionally, KinderPrep runs as two offerings on M/T/W/Th or F, so that no offering exceeds 12 hours per week. Running the Playschool on one of these two schedules or a similar schedule would allow the program to adhere to licensing requirements.

The other consideration is staffing. The teachers at Playschool are all returning teachers and taught when the program was offered 5 days/week, and the head teachers for KinderPrep and Playschool have said that they would prefer these programs be offered 5 days/week, thus staffing should not be an issue.

Our understanding is that the city canceled the T/Th offering because it wanted to offer a Mommy & Me class, which was not ultimately approved and did not end up running. Parents and teachers both prefer the 5 day/week option as demonstrated by the loss in revenue from eliminating it. We request that this change be reversed.

Address losses from the Lunch and Play (LAP) program
This program should either be changed to run in a more sustainable fashion or eliminated.

The Lunch and Play program is offered on a punch-card basis. These punch cards can be acquired in different sizes for as low as $11.60/hr, which is much cheaper than a babysitter, and does not cover the cost of running the program. The punch card method of offering the program, while convenient for parents, also makes attendance unpredictable and results in additional administrative burden. Further, the program is difficult to staff as it runs for two hours each day and that’s difficult to hire for. While all teachers from KinderPrep and Playschool are returning teachers, the city has had to go through the hiring process multiple times this year for Lunch and Play, which has entirely new staff. While the Tiny Tots financials have never been broken down between the three programs, we conservatively estimate that roughly $50,000 in direct losses are caused by running this program.

If council decides to pursue changes, those changes could include:
● Advertise the program as a service for all residents who have ad hoc child care needs.

So many parents would find it incredibly helpful to have somewhere to drop kids off to be able to go to a doctor’s appointment, go to the gym, or run other errands. ● Increase the hourly rates. The current $11.60/hr is far cheaper than any babysitter ● Create punch cards for 50 or 100 visits reducing the administration of repeated 20 card purchases
● Offer an annual option to reduce administration compared to the daily drop-in ● Eliminate the option to utilize the program for only 1 hour Exclude costs from the analysis that the city will retain if program is canceled While cost savings is a large driver for canceling the program, we must also recognize that not all costs can be avoided by canceling the program. Some expenses such as unfunded pension liability must continue to be paid regardless of whether the program is continued. Additionally, 11 some expenses are incurred on a city-wide basis and allocated to each program on a proportional basis. While understandable, we should also recognize that canceling the program will not eliminate these expenses and will just cause them to be allocated to other programs.

Finally, the RFP states that the city may continue to pay for expenses such as maintenance, janitorial, and utilities. It is unclear whether Children’s Corner proposed to pay for such expenses. The council should ascertain whether these costs will continue. Our estimate is that $86,929 in expenses are unavoidable.

Increase tuition for the first time in over a decade
After factoring in the changes above, tuition would need to be raised by roughly $3,500 to a total of around $7,500/yr. Had tuition been raised each year over the past decade, this would be equivalent to a 6.5% annual rise in tuition. Childcare costs have risen at nearly twice the rate of overall inflation making this a reasonable catch up for price rises that should have been occurring over the past decade. Assuming an enrollment of 24 students, this would bring in an additional $84,000. This would be only half the cost of the roughly $15,000/yr charged by Children’s Corner.

While this number is a lower number than the one shared by staff, it considers a different set of options. The lower number was arrived at by making the above changes of restoring a 5 day program, filtering out unavoidable costs, and eliminating losses from Lunch and Play. If the council or staff disagree with some of the analysis above, tuition may need to be further increased, but in any case would be a far more affordable option for parents than Children’s Corner tuition is.This is also a breakeven analysis assuming that the city spends $0 on the program. While every member of the community and council may have a different opinion as to what the correct amount of spending on this program is, it would be entirely reasonable for the city to spend funds on this program which promotes early childhood education and affordability for residents including the city’s own employees.

While the city may wonder whether enrollment can be sustained with higher tuition rates, it must be noted that Children’s Corner is able to fill their program while charging far higher rates.

Further, demand for preschools has recently exploded with the closure of Google’s daycare centers leading to long waitlists at area schools and adding confidence that the city will be able to enroll its program. The parents and community at the school are willing to put in the work to get the word out including running advertisements for the program, putting up flyers and signage, and manning events like the upcoming Los Altos Family Fun Day this Saturday.

We have attached a petition signed by roughly 150 members of the community urging you to give the program a chance. The Tiny Tots program is a storied cornerstone of the Los Altos community in existence for well over fifty years. The staff have nearly 50 years of combined experience working for the city and the Children’s Corner licensing requirements mean that they would be losing their jobs and the community would be losing teachers that we all love so much.

We would request that the city first attempt working with the parents and community to continue the long successful legacy of the Tiny Tots programs before opting for a sudden closure. 12 Sincerely,
Stephanie Lin
On behalf of Save Tiny Tots
https://losaltos.school
13 PETITION TO THE CITY COUNCIL OF LOS ALTOS
WE, the undersigned, were surprised to learn that the City of Los Altos is planning to end its preschool program and open up an RFP for private entities to bid on using the preschool facilities. It is alarming that the city is planning to eliminate this long-standing program without providing parents or the community notice, transparency into the decision making process, and a chance to address any concerns.

THAT, the Tiny Tots preschool program has been in existence for 50+ years, many former students are now sending their own children to participate. The program sets children up to become engaged citizens through the unique opportunities they have to interact with other community organizations through regular field trips and activities. A quality preschool program with a low student to teacher ratio and an affordable price has countless benefits for not only students, but the community as a whole. High quality early education programs attract residents and prepare students for success in Los Altos schools.

THAT, the program consists of experienced teachers with a passion for early childhood development, the school provides an environment which allows the children to learn and thrive.

The staff has gone above and beyond to provide a quality experience, even through the trying times of the COVID pandemic. It is disturbing that the city is contemplating laying off highly qualified teachers during a nationwide teacher shortage. The proposed implementation timeline means there is a high risk that the program cannot be successfully offered next year as it will be challenging to contract with a private entity, hire new teachers, and enroll students in time for next school year when enrollment began months ago at other local area schools.

THAT, outsourcing to a private entity will result in a decrease in program quality, an increase in tuition, and the loss of highly experienced and dedicated teachers. The city can alter the economics of the program without introducing a middleman that will extract funds for its own benefit. The addition of such a middleman will only serve to worsen the experience for students, parents, and teachers at the school.

OUR REQUEST is that the city delay their decision and first attempt working with the parents and community to continue the long successful legacy of the Tiny Tots and Kinder Prep programs. A collaborative solutioning process should be fully attempted before a decision is made to shutter and privatize our local school without consultation of parents, students, teachers, residents, and advisory commissions.

Sincerely Yours,
Ashley Hawrylyshyn, Current parent
Ryan Nolan, Current parent
Jenny Lin
Erika Tang, Prospective parent and Los Altos resident
Jena Wise, Past parent, Los Altos resident
Rachel Massaro, Silicon Valley Community Health Researcher 14 Marina Post, Current Parent
Gina Kim, Los Altos Resident
Casey Davis, Prospective parent
Elizabeth Stewart, current Tiny Tots parent
Stephanie Lin, current Tiny Tots parent
Citlali Tolia, Past parent/ Los Altos resident
Tiffany Martin, Past Parent
Ashley Lu, Prospective parent
Jennifer Keller, Past Parent, Los Altos Resident
Eduard Keller, Los Altos Resident, Past Parent
Tony Lu, Los Altos Resident
Feng Fang, Prospective Parent
Kjell and Helene Karlsson, Past parent of a Tiny Tots and Kinder-Prep student Susanne Wisén, Past parent
Marie Rosland, retired teacher
Barbara Loebner, Los Altos resident
Thea and Steve Merrill, Long-time Los Altos residents, had two children in the MVLA system Maggie Kwan, Prospective parent, Los Altos resident
Jane Holt, los altos resident
Erin Tressler, Past parent (2 kids)
Jane Vaden, Incorporated Los Altos resident
Jessica Behrmann, Current parent and past parent
Patty Hurley, 37 year resident and past Tiny Tots parent Jayanti sharma, Current parent
Ted Wertheimer, Los Altos Resident
Danika Dellor, Past parent
Chandani Tamang, Prospective parents
Albina, Prospective parent
Jeannette Ring, Past parent and lover of all things Tiny Tots related! Sarah Calleija, Past and prospective parent
Patrick Ring, Big brother to sister who attended
Alice Ring, Former Tiny Tot, current 7th grader at Blach Leigh Burns Quan, Former teacher and parent of a tiny tot graduate Leea Guy, Recreation coordinator who over saw tiny toys Sara Brannin-Mooser, Past preschool parent in Los Altos Claudia Meyer, Former Teacher & Director at Tiny Tots. Los Altos Resident Catherine Dellor , Past parent/Los Altos resident
Christine Larsen, Former Los Altos resident and supportive friend of current students Jake Humble, Resident
Marina Eisenbud, Mountain View resident and parent
Lanjun Wang
Andrea Carella, Los Altos resident
Linnea Sloan, Los Altos resident
Katherine Carpenter, Los Altos resident, parent of schoolage kids 15 Muhammad Wang, Prospective Parent
Linda Roy, Los Altos resident
TJ, Parent
Linnsey Nil
Paul Carella, Los Altos resident
Victoria Hambly, Past
GayLynn Ribeira, Past parent
Jacy Tse, Current parent, Los Altos Hills resident
Hollie Halpin, Past parent
Heather Katta, Past parent and current Los Altos resident James Ring, Parent of former tiny tot, Mountain View resident Chrishnika Paul, Past parent and Los Altos resident
Lisa Martins Skaggs, Los Altos Resident
Melanie Hinse, Past Tiny Tots parent
Meeta Nashru , Parent los altos
Shannon Campos, parent of LAHS students (past and present) Anusha Natarajan, Los Altos resident
Sarah Wu, Past parent
Andrea Barnett, Los Altos resident
Jonathan Wu, Past Parent
Jeff Chung, Current parent 2 LAHS students
Sonia Soo, Current Los Altos resident and parents to LASD schools and LAHS Ali, Paraeducator/family member of Los Altos Resident
Kay Chin, current & past parent
Yvonne Hildebrand, current Los Altos resident
Ben & Jessica Mullen, Past student and Los Altos Residents William Hsu, Grandfather
Joann Barboudesplaces, Los Altos resident
Jeanine Valadez, Los Altos resident and member of the public Anne Schmidt, past parent and Los Altos resident
Ray Abrishami, Past
Beth Kelly, Past Parent
Leeanne Kromer, Past teacher at Tiny Tots 1985-1996
Andrei Selikhanovich, Past parent (3 kids graduated from Tiny Tots), Los Altos resident Jeff, Los Altos resident
Benjamin McCann, current parent
Nancy Tucker, Over 40 year resident of Los Altos
Mary Chin
Marjan Yahya, Current parent and resident
Kevin Lu, Prospective parent
Jessica Thomander , Current
Jane Holt, current and long term Los Altos resident
Sara Kiani , Los Altos North resident and parent to young kids Meredith Purser , Current Tiny Tots parent
16 Dorothy Hsu, Grandmother
Eileen Fairley, Prospective parent, Los Altos resident
Lu Wang, Los Altos resident
Jenna Arruda, Los Altos resident, Previous Tiny Tots parent, community pediatrician Linda Palmor, Current resident
Ginny Leung, current parent, Los Altos resident
Meri-Beth Bird, Past parent or 2 children that attended Tiny Tots Sunny Early, Parent
John C Lukrich, Parent / Los Altos resident
Chris Roat, Los Altos resident
Malcolm Early, parent
Lacey, prospective parent
Jennifer Walker, Los Altos resident
Beth Markus Lukrich, Los Altos resident
Valerie Klazura, parent of TT Alums and Los Altos resident Mary Gallivan, Past parent
Riley Gallivan, former Tiny Tots student
Conor Gallivan, Past tot!
Annie Gallivan, Alumni
Jack Deely
Courtney Quinlan, Former Los Altos resident
Skylar Scull, Los Altos resident
Rich Gallivan, past parent, Los Altos resident
Elizabeth, Tiny Tots Parent
Scott Snedden, Past parent of two Tiny Tots alumni
Seamus Gallivan, Alumni of Tiny Tots
Dana Kawaguchi, Past Tiny Tot parent
Lily Chin, Tiny Tots Alumni
Kirby Hansen, current Los Altos resident
Myla Santos, Previous Tiny Tots Preschool Teacher
Karen Hansen
Hayden Brown, Current Los Altos resident and parent of young kids Ryan Brown, Los Altos resident
Blaine Dzwonczyk, Tiny Tots Graduate Class of 2000, current high school teacher Ye Dong, prospective parent
Lu Wang, Los Altos residents and prospective parents
Rajiv Shah, Resident
Gaurav Mehta, Prospective parent and Los Altos Resident Jianing Yan
Chuanjun Shan
Luke Dzwonczyk, alumnus
Cui Lin, Prospective parent
Hong Wu, Los Altos resident
Meredith Purser, Current Kinder Prep parent
17 1
Melissa Thurman
From: Mar P <[email protected]>
Sent: Tuesday, April 9, 2024 1:04 AM
To: Public Comment
Subject: Public written comment for 4/9/24 Agenda item #7: Tiny Tots/Kinder Prep Preschool (additional comment)
Dear Honorable Council Members,
In addition to my previous comments submitted for the Los Altos City Council Meeting 4/9/24, I wanted to make an additional submission with a correction to my previous submission and additional comments:
1) Correction: I had noted the revenue reduction was ~$80,000 in my public comments for 4/9/24. This number should be $65,900 instead. For a thorough and knowledgeable analysis of important considerations of Tiny Tots and Kinder Prep’s financials and logistics, in addition to the city’s report, please see Stephanie Lin’s public written comments on behalf of Save Tiny Tots.
2) Thank you for your attention to Stephanie Lin’s public written comments on behalf of Save Tiny Tots https://losaltos.school.
3) Also, thank you for your attention to the Petition submitted by Save Tiny Tots https://losaltos.school. This important petition, with ~ 150 signatures, calls for giving the Los Altos Kinder Prep and Tiny Tots preschools a fair chance to remain city-run by involving parents, students, teachers, residents, and advisory commissions in a full and collaborative solutioning process.

Sincerely,
Marina Post
18 1
Melissa Thurman
From: Debra strichartz <[email protected]>
Sent: Tuesday, April 9, 2024 10:08 AM
To: Public Comment
Subject: Support for Resolutions
 I would like to add my support for adopting a Resolution approving the raising of the Progress Pride flag in June 20.
 I would like to add my support for adopting a Resolution approving the raising of the Juneteenth flag in June 2024.
 Thank you.

Debra Strichartz
650-224-9490
19 1
Melissa Thurman
From: Los Altos Affordable Housing Alliance <[email protected]> Sent: Tuesday, April 9, 2024 11:00 AM
To: Public Comment
Subject: Public Comment Agenda Item #6 ADU Ordinance - 4/9/24 Attachments: LAAHA Letter to CC 4.9.24.pdf
Hello Councilmembers,
Please see the attached letter from the Affordable Housing Alliance.

Thank you,
Daphne
--
Los Altos Affordable Housing Alliance
To educate and inspire the Los Altos community to build housing that is affordable for our workforce.
20 April 9, 2024
Dear Mayor Weinberg and Councilmembers,
Thank you for reviewing and bringing into state compliance the city’s ADU ordinance. We support the elimination of the daylight plane, the elimination of the fees for ADU permits, and having pre-approved ADU plans available, since we support the encouragement of ADU development as essential to increasing our city’s housing stock.

We would like to commend the city staff, particularly Nick Zornes and the Development Services team for prioritizing and working diligently on implementing the programs and commitments from our Housing Element Update. It has taken steady dedication and a lot of hard work to keep moving forward, and we appreciate that our city is taking its commitments seriously. Creating pathways to more housing - whether that is streamlining processes for developers, re-evaluating parking requirements, or encouraging ADU development - strengthens our community for the future.

With appreciation,
LAAHA Steering Committee
Los Altos Affordable Housing Alliance
Committed to educating and inspiring the Los Altos community to build housing that is affordable for those who live and work in Los Altos
https://losaltosaffordablehousing.org/
21 1
Melissa Thurman
From: Meri-Beth Bird <[email protected]>
Sent: Tuesday, April 9, 2024 11:25 AM
To: Public Comment
Subject: PUBLIC COMMENT - AGENDA ITEM 7 - April 9, 2024 Dear City Council:

I think it's important to keep a public preschool option open to Los Altos residents and families in neighboring communities. To me, closing Tiny Tots preschool and the other 2 programs seems very sudden with very little time for community input. I think current parents (including Ben McCann - the excellent organizer) and the idea of let's try some fundraising and ways to contribute and help the city to keep Tiny Tots is a great part of the solution.

For young families, I think it's important to have an affordable preschool option as well.

A bit of history: My husband - Mark Dzwonczyk and I moved to Los Altos in 1994. Both of our kids went to Tiny Tots from 1998 until 2004 to both the 3's and 4's. They are now 28 and 26 years old. My daughter came to the last City Council meeting and we both spoke in support.

From my experience: the teachers and the program. - amazing. Our kids went through the public schools Springer then to Covington when that first opened then Egan and Los Altos high school - again amazing schools and experience.

Recently, being involved in "saving Tiny Tots", I have had interactions with the current teachers who ALSO seem amazing and love their work.

Thank you,
Meri-Beth Bird
--
Meri-Beth Bird
[email protected]
650-722-3192
22 CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, MARCH 26, 2024
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Jonathan D. Weinberg, Mayor
Pete Dailey, Vice Mayor
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
Sally Meadows, Councilmember
CALL MEETING TO ORDER – Jonathan D. Weinberg, Mayor, called the meeting to order at 7:00 p.m.

ESTABLISH QUORUM – All Councilmembers were present.

PLEDGE ALLEGIANCE TO THE FLAG – Neysa Fligor, Councilmember, led the Pledge of Allegiance.

REPORT ON CLOSED SESSION
There was no recent Closed Session meeting.

CHANGES TO THE ORDER OF THE AGENDA
There were no changes to the order of the agenda.

SPECIAL ITEM
Recognize the Los Altan of the Year
Jonathan D. Weinberg, Mayor, presented a Proclamation to the Los Altan of the Year, Vicki Reeder.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during Public Comment:
 Meri-Beth Bird
 Blaine Dewonczyk
 Ben McCann
 Mary Post
 Marina

CONSENT CALENDAR
Lynette Lee Eng, Councilmember, asked to pull Item 3 of the Consent Calendar. Jonathan D.

Weinberg, Mayor, moved Item 3 of the Consent Calendar to after Item 10 on the agenda.

Motion by Fligor and Seconded by Meadows to approve Items 1, 2, 4, 5, 6 and 7 of the Consent Calendar. Motion carried unanimously by roll call vote.

1. Approve draft meeting minutes for the Special and Regular meetings of March 12, 2024

2. Receive and Accept the Treasurer's Report through February 29, 2024 23 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
March 26, 2024

Page 2 of 4 ends

4. Adopt a Resolution authorizing the City Manager to accept the grant funding from the State of California in the amount of up to $88,425 to be used for SB 1383 program implementation through fiscal year 2025/26

5. Waive Second Reading and Adopt an Ordinance of the City Council of the City of Los Altos Adding Chapter 2.30 Electronic Signatures to Title 2 Administration and Personnel of the Los Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970

6. Adopt a Resolution awarding the construction contract for the Los Altos Community Center Emergency Operations Center Project CF-01021 to Argo Construction, Inc. of Pacifica, California as the lowest responsible bidder submitting a responsive bid with a Base Bid amount not-to-exceed $2,700,000, and up to 15% contingency, if needed, in the amount not-to-exceed $405,000, for a total construction amount not-to-exceed $3,105,000

7. Accept the Comprehensive Annual Financial Report and compliance reports for the fiscal year ended June 30, 2023

PUBLIC HEARINGS

8. Adopt a Resolution of the City Council of the City of Los Altos setting Certain Fees and Charges to be collected in FY2024/25 and find that this action is statutorily exempt from CEQA under CEQA Guidelines Sections 15273(a)(1) and (a)(2); and direct staff to amend the City’s Finance Policy to include a provision for annual adjustments to the Master Fee Schedule based upon CPI
Nick Zornes, Development Services Director, presented the report.

Jonathan D. Weinberg, Mayor, opened the Public Hearing.

The following members of the public spoke during the Public Hearing:
 Jon Baer
Jonathan D. Weinberg, Mayor, closed the Public Hearing.

Motion by Meadows and Seconded by Fligor to adopt a resolution, including the fee schedule attached as an exhibit to the resolution, setting certain fees and charges to be collected in FY2024/25 and find that this action is statutorily exempt from CEQA under CEQA Guidelines Sections 15273(a)(1) and (a)(2); and direct staff to amend the City’s Finance Policy to include a provision for annual adjustments to the Master Fee Schedule based upon CPI. Motion carried unanimously by roll call vote.
24 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
March 26, 2024

Page 3 of 4 ends

DISCUSSION ITEMS

9. Housing Element Annual Progress Report for Calendar Year 2023, and Housing Element Implementation Status
Nick Zornes, Development Services Director, presented the report.

There were no speakers regarding the item.

Motion by Fligor and Seconded by Lee Eng to adopt a Resolution of the City Council of the City of Los Altos Accepting the Housing Element Annual Progress Report for Calendar Year 2023 and Authorizing Staff to Submit the Report to the California Department of Housing and Community Development and find that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b)(5).

Motion carried unanimously by roll call vote.

The City Council took a recess at 8:57 p.m.

The City Council reconvened at 9:05 p.m.

10. Discuss how Commissions conduct outreach
Pete Dailey, Vice Mayor, opened the item for discussion.

There were no speakers regarding the item.

The City Council provided direction to staff regarding future public outreach by city commissions.

3. Adopt a resolution adopting the City’s Mission Statement Lynette Lee Eng, Councilmember, explained why she requested to pull the item from the Consent Calendar.

Motion by Dailey and Seconded by Lee Eng to table the item.

Jonathan D. Weinberg, Mayor, made a substitute motion:

Motion by Weinberg and Seconded by Meadows to adopt a resolution adopting the City’s Mission Statement. Motion carried 4-1 by roll call vote with Councilmember Lee Eng opposed.

INFORMATIONAL ITEMS ONLY

12. Tentative Council Calendar and Housing Element Update Implementation Calendar 25 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
March 26, 2024

Page 4 of 4 ends

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS  Jonathan D. Weinberg, Mayor – Requested future agenda items:
 Raising of the Progress Pride flag in June. (Unanimous support)  Raising of the Juneteenth flag in June. (Unanimous support)  Pete Dailey, Vice Mayor – Requested a future agenda item:
 Letter of support for various law enforcement bills (Supported by Fligor and Lee Eng)
 Neysa Fligor, Councilmember – Requested future agenda items:
 Review criteria for how the 1% for public art fees was established and consider redirecting how the fee is allocated (Supported by Dailey and Lee Eng)  Discuss a possible community-member appointment to a Santa Clara County board, Sourcewise, which offers support for seniors (Supported by Meadows and Lee Eng)
 Lynette Lee Eng, Councilmember – Requested future agenda items:
 Discussion on revising the travel policy (No support) ADJOURNMENT – The regular meeting adjourned at 10:08 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of April 9, 2024.
_________________________________ __________________________________ Jonathan D. Weinberg Melissa Thurman, MMC
Mayor City Clerk
The March 26, 2024 City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
The City of Los Altos does not own or operate YouTube. The video referenced on these minutes were live at the time the minutes were published.
26 Agenda Item # 1.

Page 1 of 2 ends

City Council Agenda Report
Meeting Date: April 9, 2024
Prepared by: Victoria Lee
Reviewed By: Nick Zornes
Approved By: Gabriel Engeland
Subject:

Authorize the City Manager to execute the Subdivision Improvement Agreement and approve Final Parcel Map for 14 Fourth Street

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☒Housing
☐Neighborhood Safety Infrastructure
☐General Government

RECOMMENDATION
Authorize the City Manager to execute the Subdivision Improvement Agreement and approve the Parcel Map of 14 Fourth Street.

INITIATED BY:
14th Fourth Street, LLC

FISCAL IMPACT
None

ENVIRONMENTAL REVIEW
The approval of a final map is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15268(b)(3).

SUMMARY
 Tentative map was approved on May 18, 2023
 Council to approve Parcel Map

BACKGROUND
On May 18, 2023, Council approved the multi-family design review application and the associated Tentative Map for the new development at 14 Fourth Street. The recommended action will finalize the parcel map for the project.
27 Agenda Item # 2.

Page 2 of 2 ends

A Tentative Map (AKA, Tentative Parcel Map or Tentative Tract Map) is a map showing the layout of a proposed Subdivision, including the general description of the associated infrastructure.

The approved Tentative Map also sets conditions such as access, frontage, grading improvements, stormwater protection, and so forth which must be met before the final Parcel Map or Tract Map can be filed. An approved Tentative Map does not divide the property, rather it sets the conditions under which the division can occur. To divide the property, one must file a final Parcel Map or Tract Map (i.e., Final Map).

The attached Parcel Map is the instrument that divides the property. It must conform to and incorporate all the Tentative Map conditions and must also comply with the standards for Tract Maps or Parcel Maps as set forth in the State Subdivision Map Act. It must also include plans describing the various improvements to the project site and to all other affected properties, including public roadways and public and private utilities.

DISCUSSION/ANALYSIS
Parcel Map for the development at 14 Fourth Street conforms to the Tentative Map approved on May 18, 2023. The map and survey have been checked and found satisfactory. All conditions of approval have been complied with and appropriate controls to ensure compliance have been established. All required fees and deposits have been received. The Parcel Map is available in the Engineering Services Department office for inspection.

ATTACHMENTS

1. Parcel Map

2. Subdivision Agreement
28 Agenda Item # 2.

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE HEREON PARCEL MAP; THAT THE SUBDIVISION AS

SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF ANY, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT,

AS AMENDED, AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.

DATE ______________ _____________________________________ HSIAO-SHI CHEN, R.C.E. 70707

CITY OF LOS ALTOS, CALIFORNIA

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CLARUM COMMUNITIES IN SEPTEMBER, 2021. I HEREBY STATE THAT ALL THE

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE NOVEMBER 1, 2024, AND THAT SAID MONUMENTS ARE, OR

WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

DATE_______________ ________________________________ CHARLES M. WEAKLEY L.S. 6421

OWNER'S ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA
ON ___________________, 20____, BEFORE ME, ______________________, A NOTARY PUBLIC, PERSONALLY APPEARED ______________________________, WHO PROVED TO ME ON THE BASIS

OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE

WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

NOTARY'S SIGNATURE:

NOTARY'S PRINTED NAME:

NOTARY'S PRINCIPAL PLACE OF BUSINESS:

NOTARY'S COMMISSION NUMBER:

EXPIRATION OF NOTARY'S COMMISSION:

RECORDER'S STATEMENT
FILED THIS ______ DAY OF ______________, 2024, AT __________M. IN BOOK ________ OF MAPS AT PAGE(S) _____________, SANTA CLARA COUNTY RECORDS, AT THE REQUEST OF OLD REPUBLIC TITLE COMPANY.

FILE NO. _____________

REGINA ALCOMENDRAS, COUNTY RECORDER

SANTA CLARA COUNTY, CALIFORNIA
FEE $ __________
BY: ____________________________
DEPUTY

A NOTARY PUBLIC OR OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF

THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT DOCUMENT.

E E

O TA E R S
No. C70707
T
R

NR F F CAL O

CIVIL IA
RO
ER
TS
G
P
ED

FESSONAL
NG
E
E IN
I
I
I
HSIAO
I CH
NE
SH

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE HEREON PARCEL MAP AND AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.

DATE ______________ _____________________________________ MARK A. HELTON, P.L.S. 7078

CITY OF LOS ALTOS, CALIFORNIA

CITY CLERK'S STATEMENT
I HEREBY STATE THAT THIS PARCEL MAP, CONSISTING OF TWO (2) SHEETS, WAS APPROVED BY THE CITY COUNCIL OF THE CITY LOS ALTOS, STATE OF CALIFORNIA, BY RESOLUTION NO_______________ AT A DULY AUTHORIZED MEETING OF SAID COUNCIL HELD ON THE _____________ DAY OF ____________________, 202____, AND THAT BY SAID RESOLUTION ALL STREETS AND PORTIONS

THEREOF, AND ALL EASEMENTS SHOWN ON SAID MAP AND OFFERED FOR DEDICATION, WERE

REJECTED ON BEHALF OF THE PUBLIC, SAVE AND EXCEPT NONE, AND TO THE LIMITED EXTENT THAT

ANY OFFERS FOR EASEMENTS FOR UTILITY PURPOSES ALONG OR BENEATH SAID STREET

RIGHTS-OF-WAYS, THEN AS TO SUCH EXPRESS OR IMPLIED OFFERS OF EASEMENTS FOR PUBLIC PURPOSES, THE SAME ARE ACCEPTED. _________________________________ BY:__________________________________

MELISSA THURMAN, MMC DEPUTY

CITY CLERK
CITY OF LOS ALTOS, CALIFORNIA DATE: _____________
-

TRUSTEE'S STATEMENT

THE UNDERSIGNED CORPORATION, AS TRUSTEE UNDER THE DEED OF TRUST RECORDED NOVEMBER 18, 2021, AS DOCUMENT 25172929 OF SANTA CLARA COUNTY OFFICIAL RECORDS DOES, ON BEHALF

OF THE BENEFICIARY, HEREBY JOIN IN AND CONSENT TO THE FOREGOING OWNER'S STATEMENT AND ALL DEDICATIONS SHOWN HEREIN.

AS TRUSTEE: OLD REPUBLIC TITLE COMPANY
BY: __________________________________________
NAME: _______________________________________
TITLE: ________________________________________

TRUSTEE'S ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA
ON ___________________, 20____, BEFORE ME, ______________________, A NOTARY PUBLIC, PERSONALLY APPEARED ______________________________, WHO PROVED TO ME ON THE BASIS

OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE

WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

NOTARY'S SIGNATURE:

NOTARY'S PRINTED NAME:

NOTARY'S PRINCIPAL PLACE OF BUSINESS:

NOTARY'S COMMISSION NUMBER:

EXPIRATION OF NOTARY'S COMMISSION:

A NOTARY PUBLIC OR OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF

THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT DOCUMENT.

JOB NO. 521082 SHEET 1 OF 2

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN OR TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND

THAT WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND THE SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC SERVICE FACILITIES

INCLUDING POLES, WIRES, CONDUITS, GAS, WATER, HEAT MAINS AND ALL APPURTENANCES TO THE

ABOVE, UNDER, UPON, OR OVER THOSE CERTAIN STRIPS OF LAND LYING BETWEEN THE FRONT

AND/OR SIDE LINES OF LOTS AND THE DASHED LINES AND/OR THOSE CERTAIN AREAS LYING BETWEEN DASHED LINES EACH DESIGNATED AS "PSE" (PUBLIC SERVICE EASEMENT). THE ABOVE MENTIONED

PUBLIC SERVICE EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY

KIND EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS.

WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR PUBLIC ACCESS PURPOSES, INCLUDING

BOTH PEDESTRIAN AND VEHICULAR ACCESS, OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS "PAE" (PUBLIC ACCESS EASEMENT). THE ABOVE MENTIONED PUBLIC ACCESS

EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT

PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS.

AS OWNER: 14 FOURTH STREET LLC, A CALIFORNIA LIMITED LIABILITY COMPANY.

BY: JOHN SUPPES REVOCABLE TRUST, AS ITS MANAGER
___________________________________________________ NAME: JOHN SUPPES, TRUSTEE TITLE: MANAGER

SOILS REPORT NOTE
A SOILS REPORT HAS BEEN PREPARED BY EARTH SYSTEMS PACIFIC ENTITLED "PROPOSED 4TH STREET DEVELOPMENT" AS FILE NO. 306143-001, DATED JULY 5, 2023, A COPY OF WHICH HAS BEEN FILED WITH THE CITY OF LOS ALTOS.
1735 ENTERPRISE DR., STE. 109
FAIRFIELD, CA 94533
PH (707) 425-6234
FAX (707) 425-1969

MOUNTAIN PACIFIC

SURVEYS

PARCEL MAP

FOR CONDOMINIUM PURPOSES
CONSISTING OF TWO (2) SHEETS

A ONE LOT SUBDIVISION FOR FOUR CONDOMINIUM UNITS, BEING ALL OF THE LANDS DESCRIBED IN THAT CERTAIN DEED RECORDED NOVEMBER 18, 2021 AS DOCUMENT 25172928 O.R. IN THE OFFICE OF THE SANTA CLARA COUNTY RECORDER.

AND LYING ENTIRELY WITHIN THE

CITY OF LOS ALTOS SANTA CLARA COUNTY STATE OF CALIFORNIA MARCH, 2024
PREPARED BY:
29 Agenda Item # 2.

N57°57'00"E
142.07'
S32°03'00"E

31.62'
N57°57'00"E
130.37'
N32°03'00"W

50.00'
156.03'
R=20.00
L=20.32 (T)
Δ=58°12'00" (T)
FND. BRASS DISC RCE
7595 IN WELL PER R-2
& R-3 @ 3rd. STREET N89°45'00"E 411.99' (M-M)

W E S T E D I T H A V E N U E

F O U R T H S T R E E T
25'
25'
(46' Public R/W)
(50' Public R/W) 20' 26'
16' P U B L I C A L L E Y8'
205.99'
S32°03'00"E

25.12'
PARCEL 1
7,042± Sq. Ft.

FND. BRASS DISC RCE 7595 IN
BASIS OF BEARINGS WELL PER R-2, R-3, R-4, & R-5
Fnd 3/4" IP & CAP
RCE 11064 Per R-4
200.84'

50.78'
Fnd. Cross @
Curb per R-5, Held on PL
Projected
206.00'
N89°45'00"E
153.40' S32°03'00"E
109.33'
S32°03'00"E

80.83'

SEE DETAIL
I.P. Per R-2
S.F.N.F.
2' P.S.E. & P.A.E.

DEDICATED HEREON
PARCEL 1
472 M 54
Nail/Tag Per R-5
S.F.N.F.

12.00' 13.00' LOT 1
368 M 11

T H I R D S T R E E T
1 INCH = ft.
( IN FEET )

GRAPHIC SCALE
0 DISTINCTIVE BORDER LINE

CENTERLINE

EASEMENT LINE (UNLESS SHOWN/NOTED OTHERWISE)

FOUND MONUMENT AS NOTED

FOUND STANDARD CITY MONUMENT AS NOTED
SET 3/4" IRON PIPE WITH CAP LS 6421

MEASURED

MONUMENT TO MONUMENT

OFFICIAL RECORDS

PUBLIC ACCESS EASEMENT

PUBLIC SERVICE EASEMENT

RADIAL BEARING

RECORD DATA - SEE REFERENCE TABLE

RIGHT OF WAY

SEARCHED FOR, NOTHING FOUND
TOTAL

BASIS OF BEARINGS LEGEND

BEARINGS SHOWN HEREON ARE BASED UPON THE MONUMENTED CENTERLINE OF WEST EDITH AVENUE AS SHOWN PER R-3; SAID BEARING TAKEN AS NORTH 89°45'00" EAST BETWEEN FOUND MOUNUMENTS LOCATED AT 3RD AND 4TH STREETS.

NOTES

1. DISTANCES AND DIMENSIONS ARE SHOW IN IN FEET AND DECIMALS THEREOF.

2. THE DISTINCTIVE BORDER LINE DENOTES THE BOUNDARY OF THE SUBDIVISION.

3. THE AREA WITHIN THE DISTINCTIVE BORDER IS 7,042 SQ. FT., MORE OR LESS.

4. FOR PRIVATE EASEMENTS AFFECTING THIS SUBDIVISION, SEE THE OFFICIAL CONDOMINIUM PLAN AND CC&R'S FOR THIS DEVELOPMENT.

RECORD DATA REFERENCES
R-1 BOOK L OF MAPS, PAGE 99
R-2 BOOK 473 OF MAPS, PAGE 53
R-3 BOOK 888 OF MAPS, PAGE 37
R-4 BOOK 437 OF MAPS, PAGE 25
R-5 BOOK 368 OF MAPS, PAGE 11
10 40
20 20
Meas.
(M-M)
O.R.

P.A.E.

P.S.E.
(R)
R-#
R/W
S.F.N.F.
(T)
N57°57'00"E 9.49'

2.63'
156.03'
R=20.00
L=20.32 (T)
Δ=58°12'00" (T)
R=20.00'
L=14.46'
Δ=41°24'35"
N41°09'35"E (R) N57°57'00"E (R)

23.93'
N89°45'00"E
130.37'
PG&E and PT&T Utility
Esmnt. per 9219 OR 559
DETAIL
N.T.S.

I.P. Per R-2
S.F.N.F.

Prior Dedication to
City of Los Altos Per
9127 O.R. 563
JOB NO. 521082 SHEET 2 OF 2
1735 ENTERPRISE DR., STE. 109
FAIRFIELD, CA 94533
PH (707) 425-6234
FAX (707) 425-1969

MOUNTAIN PACIFIC

SURVEYS

PARCEL MAP

FOR CONDOMINIUM PURPOSES
CONSISTING OF TWO (2) SHEETS

AND LYING ENTIRELY WITHIN THE

CITY OF LOS ALTOS SANTA CLARA COUNTY STATE OF CALIFORNIA MARCH, 2024
PREPARED BY:

N89°45'00"E
30 Agenda Item # 2.
1 Improvement(2021-X)
RECORDING REQUESTED BY:

City of Los Altos
WHEN RECORDED, MAIL TO:

City Clerk, City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022

RECORD WITHOUT FEE UNDER
§§ 27383 & 27388.1 GOVERNMENT CODE
Improvement Agreement No. 2023-24

PROJECT TITLE
APN: 167-38-061
14 Fourth Street LLC
31 Agenda Item # 2.
2 Improvement(2021-X)

IMPROVEMENT AGREEMENT
14 Fourth Street
This Improvement Agreement (this “Agreement”) is made and entered into by and between the CITY OF Los Altos, a municipal corporation (hereinafter "City"), and 14 FOURTH STREET, LLC (hereinafter "Developer”). City and Developer may be collectively referred to herein as the “parties.”

RECITALS
A. In accordance with the Subdivision Map Act (California Government Code Sections 66410, et seq.), and the Subdivision Ordinance (Los Altos Municipal Code, Title 13), and the Street Ordinance (Los Altos Municipal Code, Title 9), the Developer has submitted to the City a Final Map (hereinafter “Final Map”) for the project known as 14 Fourth Street (hereinafter “Project”).

B. The Project is geographically located within the boundaries of the Tentative Subdivision Map known as 14 Fourth Street Tentative Map (hereinafter “Tentative Map”). The Tentative Map is on file with the City Engineer and is incorporated herein by reference. The area within the boundaries of the Tentative Map is described in Exhibit A hereto (the “Property”).

C. The City’s approval of the Tentative Map was subject to specified conditions of approval (hereinafter “Conditions”). The Conditions are attached hereto as Exhibit B and incorporated herein by reference.

D. As required by the Conditions, the Tentative and Final Maps, and the other Project entitlements, Developer shall construct public improvements in connection with the Project along Fourth Street and the rear alley behind the project, including but not limited to the following: installation of approximately 48 linear feet of concrete vertical curb and gutter, 390 square feet of concrete sidewalk, 144 square feet of concrete driveway approach, installation of one accessible ramp, three (3) truncated domes installation per City standard, joint trench from pole to transformer, 15 linear feet of sewer lateral and cleanout, installation of approximately 800 square feet of alley restoration, 100 square feet of paving at 2 feet easement, 1,862 square feet of micro-surfacing half of the street along Fourth Street, and installation of all appurtenances associated with above listed improvements (collectively, the “Work”).

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The Developer shall perform, or cause to be performed, the Work described in the Plans and Specifications and the Conditions (hereinafter “Work”), to the satisfaction of the City Engineer. The Work shall be performed, and all materials and labor shall be provided, at the Developer’s sole cost and expense. No change shall be made to the Scope of Work unless authorized in writing by the City Engineer.

2. PERMITS, LICENSES, AND COMPLIANCE WITH LAW. The Developer shall, at the Developer’s expense, obtain and maintain all necessary permits and licenses for the performance of the Work. The Developer shall comply with all local, state, and federal laws, whether or not said laws are expressly stated in this Agreement. WITHOUT LIMITING THE GENERALITY OF

THE FOREGOING, DEVELOPER HEREBY AGREES TO BE BOUND BY THE LABOR CODE PROVISIONS ATTACHED HERETO AT EXHIBIT C.
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3. DEVELOPER’S AUTHORIZED REPRESENTATIVE. At all times during the progress of the Work, Developer shall have a competent foreperson or superintendent (hereinafter “Authorized Representative”) on site with authority to act on behalf of the Developer. The Developer shall, at all times, keep the City Engineer informed in writing of the name and telephone number of the Authorized Representative. The Developer shall, at all times, keep the City Engineer informed in writing of the names and telephone numbers of all contractors and subcontractors performing the Work.

4. IMPROVEMENT SECURITY. The Developer shall furnish faithful performance and labor and material security concurrently with the execution of this Agreement by the Developer, and prior to the commencement of any Work. The Developer shall furnish warranty security prior to the City's acceptance of the Work. The form of the security shall be as authorized by the Subdivision Map Act (including Government Code Sections 66499, et seq.) and Section 13.20.210 the Los Altos Municipal Code, and as set forth below:
4(a). Faithful Performance security in the amount of $144,899.00 (which amount is equal to the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure faithful performance of this Agreement (until the date on which the City Council accepts the Work as complete) pursuant to Government Code Sections 66499.1, 66499.4, and 66499.9.
4(b). Labor and Material security in the amount of $72,499.50 (which amount is equal to fifty (50) percent of the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure payment by the Developer to laborers and materialmen pursuant to Government Code Sections 66499.2, 66499.3, and 66499.4. 4(c). Warranty security in the amount of $14,489.00 (which amount is equal to ten (10) percent of the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure faithful performance of this Agreement (from the date on which the City accepts the Work as complete until one year thereafter) pursuant to Government Code Sections 66499.1, 66499.4, and 66499.9.

5. BUSINESS TAX. The Developer shall apply for and pay the business license tax for a business license, in accordance with Los Altos Municipal Code Chapter 4.04.

6. INSURANCE. Developer shall, throughout the duration of this Agreement, maintain insurance to cover Developer (including its agents, representatives, contractors, subcontractors, and employees) in connection with the performance of services under this Agreement. Exhibit D of this Agreement identifies the minimum insurance levels with which Developer shall comply; however, the minimum insurance levels shall not relieve Developer of any other performance responsibilities under this Agreement (including the indemnity requirements), and Developer may carry, at its own expense, any additional insurance it deems necessary or prudent. The general liability and automobile policies required under Exhibit D shall contain, or be endorsed to contain, provision for the City, its officers, officials, employees, agents and volunteers, to be covered as additional insureds as respects alleged liability arising out of activities performed by or on behalf of the Developer under this Agreement.

Concurrently with the execution of this Agreement by the Developer, and prior to the commencement of any services, the Developer shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Developer shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.

7. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Developer shall immediately notify the 33 Agenda Item # 2.

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City Risk Manager’s office by telephone at, and Developer shall promptly submit to the City’s Risk Manager and the City Manager or desingee, a written report (in a form acceptable to the City) with the following information: (a) a detailed description of the damage (including the name and address of the injured or deceased person(s), and a description of the damaged property), (b) name and address of witnesses, and (c) name and address of any potential insurance companies.

8. INDEMNIFICATION. Developer shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City and its elected officials, officers, agents and employees from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorneys’ fees) resulting or arising from performance, or failure to perform, under this Agreement (with the exception of the gross negligence or willful misconduct of the City).

9. TIME OF PERFORMANCE. Time is of the essence in the performance of the Work, and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. The Developer shall submit all requests for extensions of time to the City, in writing, no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. 9(a). Commencement of Work. No later than fifteen (15) days prior to the commencement of Work, the Developer shall provide written notice to the City Engineer of the date on which the Developer shall commence Work. The Developer shall not commence Work until after the notice required by this section is properly provided, and the Developer shall not commence Work prior to the date specified in the written notice.
9(b). Schedule of Work. Concurrently with the written notice of commencement of Work, the Developer shall provide the City with a written schedule of Work, which shall be updated in writing as necessary to accurately reflect the Developer’s prosecution of the Work. 9(c). Completion of Work. The Developer shall complete all Work by no later than three hundred sixty-five (365) days after the City’s execution of this Agreement.

10. INSPECTION BY THE CITY. In order to permit the City to inspect the Work, the Developer shall, at all times, provide to the City proper and safe access to the Project site, and all portions of the Work, and to all shops wherein portions of the Work are in preparation. Developer shall reimburse the City for the costs of the City Engineer’s inspections of the Work, as required by Los Altos Municipal Code Section 13.20.190.

11. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten (10) days of the notice, or, (b) if more than ten (10) days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten (10) days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.
11(a). The Developer shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exist:
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11(a)(1). The Developer is insolvent, bankrupt, or makes a general assignment for the benefit of its creditors.
11(a)(2). The Developer abandons the Project site.
11(a)(3). The Developer fails to perform one or more requirements of this Agreement. 11(a)(4). The Developer fails to replace or repair any damage caused by Developer or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.
11(a)(5). The Developer violates any legal requirement related to the Work. 11(b). In the event that the Developer fails to cure the default, the City may, in the discretion of the City Engineer, take any or all of the following actions:
11(b)(1). Cure the default and charge the Developer for the costs therefore, including administrative costs and interest in an amount equal to seven percent (7%) per annum from the date of default.
11(b)(2). Demand the Developer to complete performance of the Work. 11(b)(3). Demand the Developer’s surety (if any) to complete performance of the Work.

12. ACCEPTANCE OF WORK. Prior to acceptance of the Work by the City Engineer, the Developer shall be solely responsible for maintaining the quality of the Work, and maintaining safety at the Project site. Neither the final certificate of payment, nor any provision in this Agreement, nor partial or entire use or occupancy of the improvements by the City shall constitute an acceptance of the Work not done in accordance with this Agreement or relieve Developer of liability pursuant to Section 13, below. The Developer’s obligation to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, the City Engineer has accepted the Work as complete, and the City Council has authorized the release of the security for faithful performance as described in Government Code Section 66499.7.

13. WARRANTY PERIOD. The Developer shall warrant the quality of the Work, in accordance with the terms of the Plans and Specifications, for a period of one year after acceptance of the Work by the City. In the event that (during the one year warranty period) any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of the Developer under this Agreement, the Developer shall be in default.

14. RELATIONSHIP BETWEEN THE PARTIES. Developer is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, contractors, or subcontractors, including any negligent acts or omissions. Developer is not City’s agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Developer.

15. CONFLICTS OF INTEREST PROHIBITED. Developer (including its employees, agents, contractors, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Developer maintains or acquires a conflicting interest, any contract with the City (including this Agreement) involving Developer’s conflicting interest may be terminated by the City.

16. NONDISCRIMINATION. Developer shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Developer shall not discriminate against any employee or applicant because of race, color, ancestry, ethnicity, religious creed, national origin, physical disability, 35 Agenda Item # 2.

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mental disability, medical condition, marital or family status, sexual orientation, gender or gender identification, age (over 40), veteran status, or sex.

17. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt (or refusal) by a party, or (b) actual receipt (or refusal) at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City To: Developer
Attn: City Clerk’s Office Attn: 14 Fourth Street LLC
City of Los Altos
1 N. San Antonio Road
Los Altos, CA 94022 PO Box 60970
Palo Alto, CA 94303

18. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

19. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

20. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Santa Clara.

21. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

22. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Developer’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

23. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

24. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 36 Agenda Item # 2.

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25. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

26. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Work described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

27. COVENANT RUNNING WITH THE LAND. This Agreement is entered into as a condition of the Tentative Map, is an instrument affecting the title or possession of the real property, and is intended to run with the land. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns, and all subsequent owners of a fee interest in the Property or of a beneficial interest substantially equivalent to a fee interest. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity.

Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.

28. MISCELLANEOUS. This Agreement may be executed in counterparts, each of which shall be deemed an original. There are no third-party intended beneficiaries of this Agreement. This Agreement represents the contributions of both parties, each of whom has had the opportunity to be represented by competent counsel, and the rule stated in Civil Code Section 1654 that ambiguities in a contract be construed against the drafter shall have no application hereto.

29. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Developer and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF, the City and Developer do hereby agree to the full performance of the terms set forth herein.

CITY OF LOS ALTOS LIMITED LIABILITY COMPANY
14 Fourth Street, LLC
_______________________ __________________________
By: Gabe Engeland By: John Suppes
Title: City Manager Title: Managing Member
Date: ________________ Date: _________________
37 Agenda Item # 2.

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APPROVED AS TO FORM:
_______________________
By: Jolie Houston
Title: City Attorney
38 Agenda Item # 2.

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Santa Clara, City of Los Altos, State of California, and is described as follows:

Lot 18 in Block 4, as shown on that certain Map entitled, “Map No. 1 of the Town of Los Altos”, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on October 25, 1907, in Book “L” of Maps, at Page(s) 99.

EXCEPTING THEREFROM: that portion granted to The City of Los Altos, a Municipal Corporation, recorded on November 19, 1970 in Book 9127 of Official Records, at Page 563, under Recorder’s Series Number 3907414.

APN: 167-38-061
39 Agenda Item # 2.
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EXHIBIT B

CONDITIONS OF APPROVAL
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EXHIBIT C

LABOR CODE PROVISONS

1. This Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

2. The Work is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

3. Developer shall not enter into a contract with a contractor for the performance of the Work unless the contractor and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
47 Agenda Item # 2.
18 Improvement(2021-X)

EXHIBIT D

INSURANCE REQUIREMENTS
Developer’s performance of Work under this agreement shall not commence until Developer shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Developer shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Developer, the Contractor it’s agents, representatives, employees and contractors.

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Such other insurance coverages and limits as may be required by the City.

B. MINIMUM LIMITS OF INSURANCE
Developer shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability:

Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.
48 Agenda Item # 2.

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4. Such other insurance coverages and limits as may be required by the City of.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

1. Any deductibles or self-insured retentions must be declared to and approved by the City of.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of **CITY**, its officers, officials, employees, and volunteers; or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

2. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

3. The City reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

D. ADDITIONAL INSURED REQUIREMENTS:

The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds as respects alleged: liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.
b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
c. The Developer’s insurance shall apply separately to each insured against whom a claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
d. Developer shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

Such insurance shall be maintained from the time work first commences until completion of the work under this agreement. Developer shall replace such certificates for policies expiring prior to completion of work under this agreement.

E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

F. COMPLETED OPERATIONS
Developer shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event the Developer fails to obtain or maintain completed operations coverage as required by this 49 Agenda Item # 2.

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agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the Developer.

G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Developer, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this agreement and obtain damages from the Developer resulting from said breach.

Alternatively, the City may purchase such required insurance coverage, and Developer shall reimburse the City for any premium costs advanced by the City for such insurance.

I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents or volunteers shall be in excess of the Developer’s insurance and shall not contribute with it.

The additional insured coverage under the Developer’s policy shall be primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

J. SUBCONTRACTORS
Developer shall require its contractors to maintain the same levels of insurance and provide the same indemnity that the Developer is required to provide under this Agreement. A contractor is anyone who is under contract with the Developer or any of its contractors to perform work contemplated by this Agreement. The Developer shall require all contractors to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.

K. SUBROGATION WAIVER
Developer agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors, subcontractors or others involved in any way with the services to do likewise.

L. VERIFICATION OF COVERAGE
Developer shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Citybefore the services commence.
50 Agenda Item # 2.

City Council Agenda Report
Meeting Date: April 9, 2024
Initiated By: Staff
Prepared By: Scott Gerdes, Human Resources Manager
Approved By: Irene Barragan, Human Resources Director
Subject: Adopt a Resolution appointing a CalPERS Retiree as Interim Finance Director to comply with Government Code Section 21221(h)

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt a Resolution approving the appointment of Sarina Revillar, a CalPERS Retiree, as Interim Finance Director to comply with Government Code Section 21221(h)

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
Does the Council wish to adopt a Resolution appointing a CalPERS retiree to the vacant Finance Director position during the recruitment for a permanent appointment since an ongoing vacancy would have a negative impact on public services?

FISCAL IMPACT
The Interim Finance Director will be paid at an hourly rate of $110.00. This appointment will not cause an increase to the current fiscal year budget, as the General Fund will absorb these costs through vacancy savings.

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).

PREVIOUS COUNCIL CONSIDERATION
None
51 Agenda Item # 3.

DISCUSSION/ANALYSIS
In March of 2024, the current Finance Director notified the City Manager of their resignation from the position. Due to the critical responsibilities this position holds within the organization and the upcoming time sensitive deadline of preparing the next two-year budget for Fiscal Years 2024/25 & 2025/26, staff reached out to Sarina Revillar; a former City of Los Altos employee that retired following her role as Administrative Services Director from the Town of Los Altos Hills. Sarina Revillar served several positions within the City of Los Altos Finance Department for over 17 years between 2002 to 2019 and has extensive background knowledge of the city’s finances, operations, and systems.

While the City Manager holds appointing authority for positions within the City of Los Altos, CalPERS requires contracting agencies governing bodies to adopt a resolution authorizing the appointment to comply with Government Code section 21221(h) of the Public Employees’ Retirement Law.

To keep the city on track for completing the next two-year budget with Council Approval prior to July 1, 2024, staff recommend adopting a resolution appointing Sarina Revillar as Interim Finance Director to comply with Government Code Section 21221(h).

ATTACHMENTS

1. Resolution

2. Sarina Revillar’s Appointment Letter
52 Agenda Item # 3.

RESOLUTION NO. 2024-XX

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

APPOINTING SARINA REVILLAR AS AN INTERIM FINANCE DIRECTOR TO COMPLY WITH GOVERNMENT CODE SECTION 21221(h)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City of Los Altos Council desires to appoint Sarina Revillar as an interim appointment retired annuitant to the vacant position of Finance Director for the City of Los Altos under Gov. Code section 21221(h), effective April 2nd, 2024; and WHEREAS, the City of Los Altos Council, the City of Los Altos and Sarina Revillar certify that Sarina Revillar has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on March 25, 2024; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end upon City Council adoption of the of the Fiscal Year 2025 & 2026 Operating and Capital Budgets; and
WHEREAS, the entire employment agreement, contract or appointment document between Sarina Revillar and the City of Los Altos has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $19,811.03 and the hourly equivalent is $114.29; the minimum base salary for this position is $16,298.66 and the hourly equivalent is $94.03; and
WHEREAS, the hourly rate paid to Sarina Revillar will be $110; and 53 Agenda Item # 3.

WHEREAS, Sarina Revillar has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Los Altos hereby certifies the nature of the employment of Sarina Revillar as described herein and detailed in the attached appointment document and that this appointment is necessary to fill the critically needed position of Finance Director for the City of Los Altos by April 2, 2024 because employment is needed during the recruitment period to prevent stoppage of public business.

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 ___ day of ____, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Jonathan Weinberg, MAYOR
Attest:
___________________________
Melissa Thurman, MMC

CITY CLERK
54 Agenda Item # 3.
cc. Jon Maginot, Assistant City Manager
City of Los Altos
1 North San Antonio Road
Los Altos, California 94022-3087
Direct (650) 947-2607
April 2, 2024
RE: APPOINTMENT LETTER
Dear Sarina,
Congratulations on your appointment to the position of Interim Budget/Finance Director with the City of Los Altos. We are pleased to offer you an hourly rate of $110.00 with an effective date of Tuesday, April 2, 2024.

On your first day, you will be welcomed by Human Resources and scheduled for a new employee orientation at 11:00 am. In preparation for your orientation, please come prepared with a voided check for your paycheck direct deposit and I-9 Documents. As required by federal law, please bring documents that verify your identity and employment eligibility. You may review the acceptable documents by visiting http://www.uscis.gov/i-9-central/acceptable-documents. Please bring either one document from List A or one document from List B and one document from List C to your on-boarding.

Please note, you have been identified as a CalPERS retiree, who has the experience and specialized skills to perform the work of Financial Director while the City actively recruits for the permanent position. This appointment will conclude upon a successful recruitment to fill the permanent position or the fulfillment of the City of Los Altos budget adoption for fiscal year 2024-2025. You are limited to working 960 hours in a fiscal year.

We are very excited about you joining our organization. If you have any questions or need additional information, please do not hesitate to contact Human Resources at [email protected] or 650-947-2607.

Sincerely,
Gabriel Engeland
City Manager
55 Agenda Item # 3.

City Council Agenda Report
Meeting Date: April 9, 2024
Initiated By: City Council
Prepared By: Anthony Carnesecca
Approved By: Gabriel Engeland
Subject:

Flag Raising June 2024 – Progress Pride

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt a Resolution approving the raising of the Progress Pride flag in June 2024.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
 In accordance with the City’s flag raising policy, shall the City of Los Altos recognize the Progress Pride flag as government speech and raise the Progress Pride flag from May 31, 2024 through June 7, 2024 at City Hall?

FISCAL IMPACT
None

ENVIRONMENTAL REVIEW
Not applicable

PREVIOUS COUNCIL CONSIDERATION
November 29, 2022 & May 23, 2023

SUMMARY
 The City Council approved the Los Altos Flag Raising Policy on November 29, 2022. The policy provides that the City Council may authorize the display of flags other than the country, state, and city flags on City property, including to commemorate an event or occasion in the form of a resolution if the flag is recognized as government speech.  Last year, City Council raised the Progress Pride flag from June 1, 2023 through June 7, 2023 at City Hall.
56 Agenda Item # 4.

PURPOSE
City Council to review whether the City of Los Altos recognizes the Progress Pride flag as government speech and raise the Progress Pride flag from May 31, 2024 through June 7, 2024 and recognizes the Juneteenth flag as government speech.

BACKGROUND
At its regular meeting on November 29, 2022, the Los Altos City Council approved Resolution 2022-90 which established the City’ flag raising policy. A copy of the resolution is attached to this staff report.

Los Altos’ flag raising policy says that in addition to the flags of the United States, the State of California, and the City of Los Altos, “the City Council may authorize the display of other flags on City property, including to commemorate an event or occasion.” Authorization to fly an additional flag must be in the form of a resolution.

At its regular meeting on March 26, 2024, the Los Altos City Council approved placing on its agenda the question of whether to fly the Progress Pride flag in the month of June 2023.

DISCUSSION/ANALYSIS
The month of June is LGBTQ+ Pride month dedicated to the celebration and commemoration of lesbian, gay, bisexual, transgender, and queer pride recognized by the federal government beginning in 1999 and continuing through today. The first Pride flag was created by American artist and gay rights activist Gilbert Baker in 1978 to be a symbol for the LGBT community. Artist Daniel Quasar released a redesign of the Pride flag, called the Progress Pride flag which includes black, brown, pink, pale blue and white stripes, to represent marginalized people of color in the LGBTQ+ community, as well as the trans community, and those living with HIV/AIDS. The Progress Pride flag image has been included as an attachment to this staff report.

ATTACHMENTS

1. Flag Raising Policy

2. Resolution

3. Exemplar of the Progress Pride Flag
57 Agenda Item # 4.
58 Agenda Item # 4.
59 Agenda Item # 4.
60 Agenda Item # 4.
61 Agenda Item # 4.
62 Agenda Item # 4.

Progress Pride Flag
63 Agenda Item # 4.

Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-___

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

PERMITTING THE RAISING OF THE PROGRESS PRIDE FLAG IN

RECOGNITION OF PRIDE MONTH
WHEREAS, the month of June is LGBTQ+ Pride month dedicated to the celebration and commemoration of lesbian, gay, bisexual, transgender, and queer pride recognized by the federal government beginning in 1999 and continuing through today; and WHEREAS, City Council wishes to express support for all members of the LGBTQ+ community who identify with this flag; and
WHEREAS, the first Pride flag was created by American artist and gay rights activist Gilbert Baker in 1978 to be a symbol for the LGBT community; and WHEREAS, artist Daniel Quasar released a redesign of the Pride flag, called the Progress Pride flag which includes black, brown, pink, pale blue and white stripes, to represent marginalized people of color in the LGBTQ+ community, as well as the trans community, and those living with HIV/AIDS; and
WHEREAS, the City Council may display flags recognized as government speech under the City of Los Altos Flag Raising Policy, Resolution No. 2022-90; and WHEREAS, the Flag Raising Policy states that the City Council may consider authorizing the display of a flag on City property by referral from the Mayor, the Council as a whole, or a City commission, or on application of a member of the community; and WHEREAS, on May 9, 2023, the City Council gave direction to consider authorizing the display of the Pride flag as a future agenda item; and
WHEREAS, the Flag Raising Policy prohibits flags conveying specified messages, and the City Council finds that the Progress Pride flag does not convey any of the prohibited messages, and that this Resolution substantially conforms to all the requirements of the Flag Raising Policy; and
WHEREAS, the City Council finds that the Progress Pride flag is government speech in that the history and symbolism of the flag as described above constitute a message that the City of Los Altos desires to convey on behalf of its residents; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby recognizes the LGBTQ+ community by displaying the Progress Pride flag from May 31, 2024 through June 7, 2024 at Los Altos City Hall. 64 Agenda Item # 4.

Resolution No. 2024-XX Page 2
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 9 th

day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_________________________ ________________________
Jonathan D. Weinberg Melissa Thurman, MMC
Mayor City Clerk
65 Agenda Item # 4.

City Council Agenda Report
Meeting Date: April 9, 2024
Initiated By: City Council
Prepared By: Anthony Carnesecca
Approved By: Gabriel Engeland
Subject:

Flag Raising June 2024 – Juneteenth

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt a Resolution approving the raising of the Juneteenth flag in June 2024.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
 In accordance with the City’s flag raising policy, shall the City of Los Altos recognize the Juneteenth flag as government speech and raise the Juneteenth flag for the time period June 18, 2024 through June 25, 2024 at City Hall?

FISCAL IMPACT
None

ENVIRONMENTAL REVIEW
Not applicable

PREVIOUS COUNCIL CONSIDERATION
November 29, 2022 & May 23, 2023

SUMMARY
 The City Council approved the Los Altos Flag Raising Policy on November 29, 2022. The policy provides that the City Council may authorize the display of flags other than the country, state, and city flags on City property, including to commemorate an event or occasion in the form of a resolution if the flag is recognized as government speech.  Last year, City Council raised the Juneteenth flag for the time period June 19, 2023 through June 25, 2023 at City Hall.
66 Agenda Item # 5.

PURPOSE
City Council to review whether the City of Los Altos recognizes the Juneteenth flag as government speech and raise the Juneteenth flag for the time period June 18, 2024 through June 25, 2024.

At its regular meeting on March 26, 2024, the Los Altos City Council approved placing on its agenda the question of whether to fly the Juneteenth flag in the month of June 2023.

DISCUSSION/ANALYSIS
On June 19, 1865, Union General Gordon Granger arrived at the port of Galveston Texas and announced that slavery had been ended with General Order No. 3. Juneteenth was declared a federal holiday by President Joe Biden in June 2021. The Juneteenth flag is a symbol for the Juneteenth holiday in the United States. Activist Ben Haith designed the Juneteenth flag in 1997 using the colors of red, white, and blue from the American flag with a bursting star of freedom through the new horizon of opportunity across the center of the flag. The Juneteenth flag image has been included as an attachment to this staff report.

ATTACHMENTS

1. Flag Raising Policy

2. Resolution

3. Exemplar of the Juneteenth Flag
67 Agenda Item # 5.
68 Agenda Item # 5.
69 Agenda Item # 5.
70 Agenda Item # 5.
71 Agenda Item # 5.
72 Agenda Item # 5.

Juneteenth Flag
73 Agenda Item # 5.

Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-___

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

PERMITTING THE RAISING OF THE JUNETEENTH FLAG IN

RECOGNITION OF THE FEDERAL HOLIDAY
WHEREAS, on June 19, 1865, Union General Gordon Granger arrived at the port of Galveston, Texas and announced that slavery had been ended with General Order No. 3; and
WHEREAS, Juneteenth was declared a federal holiday by President Joe Biden in June 2021; and
WHEREAS, the Juneteenth flag is a symbol for the Juneteenth holiday in the United States; and
WHEREAS, activist Ben Haith designed the Juneteenth flag in 1997 using the colors of red, white, and blue from the American flag with a bursting star of freedom through the new horizon of opportunity across the center of the flag; and WHEREAS, the City Council may display flags recognized as government speech under the City of Los Altos Flag Raising Policy, Resolution No. 2022-90; and WHEREAS, the Flag Raising Policy states that the City Council may consider authorizing the display of a flag on City property by referral from the Mayor, the Council as a whole, or a City commission, or on application of a member of the community; and WHEREAS, on May 9, 2023, the City Council voted to consider authorizing the display of the Juneteenth flag as a future agenda item; and
WHEREAS, the Flag Raising Policy prohibits flags conveying specified messages, and the City Council finds that the Juneteenth flag does not convey any of the prohibited messages, and that this Resolution substantially conforms to all the requirements of the Flag Raising Policy; and
WHEREAS, the City Council finds that the Juneteenth flag is government speech in that the history and symbolism of the flag as described above constitute a message that the City of Los Altos desires to convey on behalf of its residents; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby recognizes this historic event by displaying the Juneteenth flag from June 18, 2024 through June 25, 2024 at Los Altos City Hall.
74 Agenda Item # 5.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_________________________ ________________________
Jonathan D. Weinberg Melissa Thurman, MMC
Mayor City Clerk
75 Agenda Item # 5.

Page 1 of 8 ends

City Council Agenda Report
Meeting Date: April 9, 2024
Prepared By: Nick Zornes
Approved By: Gabriel Engeland
Subject:

Comprehensive Accessory Dwelling Unit (ADU) Update – Housing Element Implementing Ordinance

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☒Housing
☐Neighborhood Safety Infrastructure
☐General Government

RECOMMENDATION
Introduce and Waive Further Reading of Zoning Ordinance Text Amendments which implement programs identified in the adopted housing element, Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs), and Program 6.G: Housing Mobility, and necessary amendments to comply with State law; and consideration of the City of Los Altos Planning Commission’s March 21, 2024, recommendation with modifications and find that 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.

INITIATED BY:

City of Los Altos adopted 6th Cycle Housing Element, Program 2.3, and 6.G

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.

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 76 Agenda Item # 6.

Page 2 of 8 ends

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.

In November 2022, the City of Los Altos was informed by the California Department of Housing and Community Development (HCD) that the existing Accessory Dwelling Unit (ADU) Ordinance was out of compliance and not consistent with State law; the existing ordinance was last updated on October 27, 2020. Additionally, HCD informed the Development Services Director during the Housing Element Update process that the Proactive Enforcement Unit had received complaints regarding existing regulations not being consistent with law. The draft ordinance is to bring the Accessory Dwelling Unit ordinance into compliance.

ANALYSIS
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 2.D. The housing program requires the proposed ordinance amendments to Encourage and streamline Accessory Dwelling Units (ADUs).

Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

The city will continue to promote ADU production through streamlined review and clear informational resources, including handouts and other materials. To increase the number of ADU’s constructed, the city will:
 Prepare permit ready standard ADU plans with a variety of unit sizes, bedroom count, and architectural styles.
 Publicize and promote the standard ADU plans through multiple outreach methods and languages, targeting single-family households and neighborhoods. Outreach material will also include fair housing information (e.g., source of income protection).
 Remove any barriers in the review process of an ADU (a preliminary planning review was previously required; the city has eliminated this requirement and will continue to no longer require the preliminary planning review).  Ensure ministerial processing of all ADUs.
 Hire one additional planning staff position to review ministerial applications which includes ADUs.
 Promote the availability of funding for ADUs, including the CalHFA ADU Grant Program that currently provides up to $40,000 to reimburse homeowners for predevelopment costs necessary to build and occupy an ADU.  With completion of a comprehensive fee study (see Program 3.D), the city will adopt a zero cost ($) permit fee for ADUs to incentivize the creation of ADUs.  Amend the ADU ordinance to comply with State law, pending formal comment from HCD.
 Annually review ADU ordinance for compliance with State law and process any necessary amendments within six months.

The city will also monitor ADU production and affordability throughout the planning period and implement additional action if target ADU numbers are not being met. 77 Agenda Item # 6.

Page 3 of 8 ends

Responsible Body: Development Services Department
Funding Source: General Fund
Time Frame: Ongoing; if ADU targets are not being met by January 2027, the city will review and revise efforts to increase ADU construction (e.g., fee waivers, local financing program for ADUs, etc.) no later than July 2027. Outreach will occur annually, targeting single-family households and neighborhoods. The City’s action shall be commensurate with the level of shortfall from construction targets (i.e., if shortfall is significant, a rezoning action may be required, if shortfall is slight, additional incentives may be appropriate). Additional planning staff position will be budgeted and hired by the end of 2022. The city will release an RFQ by July 2023 for permit ready standard ADU plans; by the end of year 2024 the city will have adopted standard ADU design plans. The City will adopt amendments to the ADU ordinance six months from receipt of HCD’s formal comment letter.

Objective: Adopt and provide City Standard Permit Ready ADU Plans (2024). 322 ADUs by the end of the planning period with at least 80 percent of ADUs (260 ADUs) located in the highest resource areas of the city.

Geographic Targeting: Highest resource, single-family neighborhoods throughout Los Altos.

The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 6.G. The housing program requires the proposed ordinance amendments to create Housing Mobility.

Program 6.G: Housing Mobility
Housing mobility strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access (Los Altos is entirely highest resource in terms of access to opportunity and a concentrated area of affluence). To improve housing mobility and promote more housing choices and affordability throughout Los Altos, including in lower-density neighborhoods, the city will employ a suite of actions to expand housing opportunities affordable to extremely low, very low, low, and moderate income households. Actions and strategies include:
 Accessory Dwelling Units (ADUs) – Encourage and streamline ADUs in singlefamily neighborhoods by preparing standardized ADU plans with a variety of unit sizes and by affirmatively marketing and outreach to increase awareness and the diversity of individuals residing in Los Altos. See Program 2.D.  Junior ADUs – Develop and adopt objective standards to allow more than one (at minimum two) Junior ADU per structure by July 2025. The objective is to achieve at least 10 JADUs in lower-density neighborhoods by January 2031.

Responsible Body: Development Services Department
Funding Source: General Fund
Time Frame: Annually review overall progress and effectiveness in April and include information in the annual report to HCD. If the City is not on track to meet its 150 affordable housing unit goal for the 8-year RHNA cycle by 2027 (i.e., 75 affordable units built or in process by 2027), the City will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to facilitate a variety of housing choices, including but not limited to, strategies that encourage 78 Agenda Item # 6.

Page 4 of 8 ends

missing middle zoning (small-scale multi-unit projects), adaptive reuse, and allowing additional ADUs and/or JADUs, within six months, if sufficient progress toward this quantified objective is not being met.

Objective: Provide 150 housing opportunities affordable to lower income households by January 2031.

Geographic Targeting: Citywide, but especially lower-density neighborhoods.

DISCUSSION
The actions included within the attached draft ordinance are requirements pursuant to the City’s adopted 6th Cycle Housing Element. The existing Accessory Dwelling Unit Ordinance is out of compliance with State law which necessitates several revisions to the ordinance. The proposed ordinance incorporates all necessary changes to the city’s local ADU regulations based on State law, and guidance documents published by the Housing and Community Development Department.

Daylight Plane-Removed
Daylight Plane means an inclined plane beginning at a stated height above grade at each side property line and extending perpendicularly from the side property line into the site at a stated upward angle relative to the horizontal.

The City’s daylight plane provision is unenforceable as it is impossible to “protect” a daylight plane with a structure that is allowed four feet from the rear and side property lines. The provision of the daylight plane has been unenforceable since codified within the Los Altos Municipal Code and provides a false sense of hope to opposing parties for enforcement of such regulations.

Attachment #5 to the Agenda Report helps to explain the viewpoint of HCD and conflict of daylight plane regulations for any jurisdiction. The City of Palo Alto’s Accessory Dwelling Unit (ADU) Ordinance is also out of compliance with State law as reflected in the Letter of Technical Assistance dated December 21, 2022. HCD accepts requests for technical assistance from local jurisdictions and requests for review of potential violations from any party through our online Housing Accountability Unit Portal. HCD makes enforcement letters and actions available to the public. A report of all letters issued is organized by jurisdiction, date, and subject matter (e.g., housing element, fair housing, Housing Accountability Act, etc.). Letters of Technical Assistance issued can be found here:
https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement Voluntary Additional Setback-Removed
The voluntary additional setback is intended to reduce the privacy impacts to abutting property owners, and applicants are encouraged to voluntarily increase the setbacks. Although this section is not in conflict with any State laws, the inclusion of such language within the ordinance creates a false sense of hope of opposing parties, and results in City staff playing mediator of residents.

As with any proposed development no proposal must build to the “minimum” setbacks, it is the 79 Agenda Item # 6.

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choice of the property owner to do such, the “Voluntary Additional Setback” is problematic and does not result in a best practice for ADU regulations within the City of Los Altos.

Public Notice of Proposed ADUs-Not Allowed
Pursuant to Government Code Section 65852.2(a)(6) “(6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. “As articulated in the Government Code cited above a jurisdiction cannot require any provision or process that is discretionary in nature. Ministerial permits do not include notification to the public of a proposed permit.

Planning Commission Recommendation – March 21st, 2024:

On March 21, 2024, the Los Altos Planning Commission received a staff report, presentation, asked clarifying questions of staff, considered the proposed ordinance, and conducted in-depth discussion regarding the item. Modifications were recommended by the commission and have been integrated into the draft ordinance before the City Council. The modifications recommended by the Planning Commission are minor in nature but help to further clarify language within the Zoning Code for ease of application.

Housing Element Noncompliance:

The draft ordinance is a component and implementing ordinance of the city’s adopted housing element. Should the City of Los Altos not proceed with the implementing actions discussed in this report 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 could be found inadequate, and therefore invalid. Local governments with an invalid General Plan can no longer make permitting decisions.
 Legal Action and Attorney Fees: local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organization, developers, and HCD. If a 80 Agenda Item # 6.

Page 6 of 8 ends

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.

Petition for Writ of Mandate – California Housing Defense Fund, Yes In My Back Yard v. City of Cupertino.

So that the City Council and public are well-informed the City of Los Altos has included this information with this agenda item so that all circumstances are understood as housing law is rapidly evolving.

Early this year Californians for Homeownership, California Housing Defense Fund, and YIMBY Law had filed 12 lawsuits in Contra Costa, Santa Clara, Marin, and San Mateo County Superior Courts with the intention to file more in the coming weeks. The cities and counties sued include Belvedere, Burlingame, Cupertino, Daly City, Fairfax, Martinez, Novato, Palo Alto, Pinole, Pleasant Hill, Richmond, and Santa Clara County. Each municipality has been sued by one or two of the non-profits.

With the Bay Area’s 109 cities and counties at widely varied stages in the process of Housing Element adoption and compliance, these twelve lawsuits mark the first round of what will likely be many rounds of judicial review for noncompliance with state housing law in the Bay Area. The initial lawsuits focus on cities with a long history of exclusionary housing practices, cities that adopted housing elements unlawfully, and localities that have made little progress in developing their draft housing elements. The organizations will continue to file suits in the coming weeks, prioritizing cities with the most egregious violations in each organization’s judgment.

A Petition for Writ of Mandate in the State of California is used by superior courts, courts of appeal and the Supreme Court to command lower bodies (such as lower level of government agencies, in this case a city) to do or not do specific actions. In this case, a Writ of Mandate can result in the 81 Agenda Item # 6.

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city being directed to adopt a compliant housing element or other associated actions to comply with State law. A Writ of Mandate could also be petitioned for and direct a city to specifically implement programs that were included in their adopted housing element.

Given the current and ongoing legal climate around housing element law it is vital for the City of Los Altos to expeditiously implement the adopted 6th Cycle Housing Element 2023-2031. As noted above the potential legal risks associated with housing element noncompliance could be further enforced by similar legal actions.

December 21, 2023 – HCD Letter of Inquiry
On December 21, 2023, the Development Services Director received written correspondence from the Department of Housing and Community Development (HCD) Proactive Enforcement Unit of HCD. The Letter of Inquiry was regarding the Rezone Requirements of the City of Los Altos, and the status of the City’s progress to complete such actions by January 31, 2024. As of November 28, 2023, the City of Los Altos has completed all necessary rezoning actions.

The Letter of Inquiry should serve as a cautionary warning to the City of Los Altos that all adopted programs must be implemented timely and completed with strict adherence to the strong commitments contained within the adopted Housing Element.

Countywide Compliance Report:

Of the sixteen (16) jurisdictions in Santa Clara County at the time of this report only seven (9) jurisdictions are in compliance with Housing Element Law as of March 31, 2024. The following table shows the status of all jurisdictions within Santa Clara County:

Jurisdiction: Compliance Status: Date:

Campbell IN 5/30/2023
Cupertino IN REVIEW 2/27/2024
Gilroy IN 8/21/2023
Los Altos IN 9/5/2023
Los Altos Hills IN 5/30/2023
Los Gatos IN REVIEW 3/18/2024
Milpitas IN 5/17/2023
Monte Sereno IN REVIEW 2/22/2024
Morgan Hill IN 11/29/2023
Mountain View IN 5/26/2023
Palo Alto OUT 8/3/2023
San Jose IN 11/30/2023
Santa Clara (City) IN REVIEW 3/27/2024
Santa Clara (County) OUT 12/18/2023
Saratoga IN REVIEW 3/22/2024
Sunnyvale IN 3/6/2024
82 Agenda Item # 6.

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ATTACHMENTS

1. Draft Ordinance

2. Appendix A

3. Existing Accessory Dwelling Unit (ADU) Ordinance

4. Accessory Dwelling Unit Handbook – California Department of Housing and Community Development (HCD)

5. HCD Letter of Technical Assistance – City of Palo Alto Accessory Dwelling Unit (ADU) Ordinance
83 Agenda Item # 6.
1 ORDINANCE NO. 2024-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 14.14 ACCESSORY DWELLING UNITS OF THE LOS ALTOS MUNICIPAL CODE TO IMPLEMENT PROGRAM 2.D AND PROGRAM 6.G OF THE

SIXTH CYCLE HOUSING ELEMENT
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 April 9, 2024, and April 23, 2024; and
WHEREAS, Program 2.D of the Housing Element Update calls for encouragement and streamlining accessory dwelling units within the City of Los Altos; and WHEREAS, Program 2.D of the Housing Element Update requires the City of Los Altos to make any necessary amendments to be consistent with State law; and WHEREAS, Program 6.G of the Housing Element Update calls for the support of housing mobility which includes the local support for the creation of all housing types; and WHEREAS, Program 6.G of the Housing Element Update requires the City of Los Altos to allow more than one (at minimum two) Junior Accessory Dwelling Units (JADU); and WHEREAS, having committed itself to implement Housing Element Update in its entirety, the City Council now desires to adopt this Ordinance; 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 14.14 OF THE MUNICIPAL CODE. Chapter

14.14 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, 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 Development Services Director, in their reasonable discretion, after consulting the City Attorney. 84 Agenda Item # 6.
2 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 April 9, 2024, and was thereafter, at a regular meeting held on April 30, 2024, passed, and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jonathan D. Weinberg, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
85 Agenda Item # 6.

APPENDIX A
AMENDMENTS TO CHAPTER 14.14
86 Agenda Item # 6.

APPENDIX A
Chapter 14.14 ACCESSORY DWELLING UNITS

14.14.010 Purpose and Intent.

The intent of this chapter is to provide for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), collectively known as an accessory dwelling regulations, on parcels zoned to allow single-family or multifamily dwelling residential use that include a proposed or existing dwelling. ADUs contribute needed housing to the City of Los Altos housing stock, enhance housing opportunities, and contribute to achieving the goals of the RHNA. An ADU is considered a residential use that is consistent with the existing general plan and zoning designations for the parcel. The ADU is not included in calculation of residential density for the purposes of determining general plan conformance. The ADU is not included in calculation of residential floor area ratio or lot coverage.

14.14.020 Definitions.
"Accessory dwelling unit" (or "ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities and is located on a parcel with a proposed or existing residential dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

A. An efficiency unit (minimum size unit shall be 150 square feet), as defined in Section 17958.1 of the Health and Safety Code.

B. A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Accessory dwelling unit, attached" means a residential dwelling unit that is created as a result of internal conversion, addition, or combination thereof made to the primary dwelling, including attached garages, storage areas or similar uses.
"Accessory dwelling unit, detached." A detached accessory dwelling unit means an ADU that is not attached to the primary dwelling. Generally, a detached ADU is constructed as an independent structure that is located on the same parcel as the primary dwelling. However, a detached ADU may also include the conversion of an existing accessory structure that is located on the same parcel as the primary dwelling, but that is detached from the primary dwelling. In such a case, the detached ADU may be attached to another existing accessory structure. "Existing," when referring to an existing principal dwelling, accessory structure, or other building or structure, means a building or structure erected prior to the date of adoption of the appropriate building code, or one for which a legal building permit has been issued. An unpermitted building or structure shall not be considered "existing" for the purposes of this chapter.
"Multi-family dwelling" means a group of dwelling units on one site that contains separate living units for two or more families that may have joined services or facilities or both. "Junior accessory dwelling unit" (or "junior ADU" or "JADU") means a unit that is no more than five hundred (500) square feet in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of a single-family residence and may 87 Agenda Item # 6.
include separate sanitation facilities or may share sanitation facilities with the existing structure or unit.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, if defined as habitable by the California Residential Code (CRC) but does not include a garage or any accessory structure.
"Multi-family residential ADU" means an ADU designed for one family and allowed under Government Code Section 65852.2(e)(1)(C).
"Nonconforming zoning condition" means a physical improvement on a parcel that does not conform with current zoning standards.
"Primary dwelling" means, (i) in the case of a parcel occupied by an existing or proposed singlefamily residential use, the existing or proposed primary dwelling in connection with which an ADU is proposed to be constructed, or (ii) in the case of multi-family housing, the existing or proposed multi-family use in connection with which one or more ADUs allowed under this chapter are proposed to be constructed. As used in this definition, a "single-family residential use" means a single-family residential dwelling unit that is not attached to any other dwelling unit except for an ADU, and which is designed for one family and is surrounded by open space or yards.
"Passageway". The term passageway has the meaning defined by Government Code Section 65852.2, which states: "A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit." "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and/or are available to the public. "Single family residential ADU" means an ADU designed for one family per 65852.2(a) of Government Code.
"Tandem parking" means that two or more automobiles are parked in any location on a parcel and lined up one behind the other.

14.14.030 Review Procedures.

An application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review, processes, or provisions.

The review of any accessory dwelling application shall be approved or denied in 60 days or less. In the event of conflict within this code or within State law the more permissive regulation shall prevail.

14.14.040 Location Permitted.

A. ADUs may be permitted in the following zones: on parcels zoned for single-family, multifamily and mixed-use.

B. Nothing in this chapter shall be construed to authorize construction of new single-family residences in multi-family or mixed-use zones where such single-family residential use is not otherwise allowed.
88 Agenda Item # 6.

14.14.050 Maximum Number of Units.

For a parcel with a proposed or existing residential dwelling or use, the following regulations shall establish the maximum number of accessory dwellings allowed:

A. One (1) attached accessory dwelling unit and one (1) detached accessory dwelling unit and two (2) junior accessory dwelling units per lot with a proposed or existing singlefamily dwelling.

B. At least one (1) accessory dwelling unit within an existing multi-family dwelling is allowed, or up to twenty-five (25) percent of the existing multi-family dwelling units are allowed an accessory dwelling unit. Multiple accessory dwelling units are allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the applicable California Building Codes.

C. Not more than two (2) detached accessory dwelling units are allowed on a lot that has an existing or proposed multifamily dwelling.

14.14.060 Development Standards.

The following table summarizes design standards for all accessory dwellings allowed by this code.

JADU Attached ADU Detached ADU
Maximum Size 500 sq. ft. created from
the existing or
proposed square
footage of the primary
dwelling.
1,200 sq. ft. but no
more than 50% of the
floor area of an existing
or proposed primary
dwelling (excluding
basement area).
1,200 sq. ft. (including
basement area).

Maximum Height NA The greater of 16 feet
or the height of the
underlying zoning
district whichever is
greater
18 feet
Minimum
Front Setback
NA Setback of underlying
zoning district.
(Footnote 1.)
Setback of underlying
zoning district.
(Footnote 1.)
Minimum
Side Setback
NA 4 feet 4 feet
Minimum
Rear Setback
NA 4 feet 4 feet
Maximum
Floor Area Ratio
NA (Footnote 2.) NA (Footnote 2.) NA (Footnote 2.)
Maximum
Lot Coverage
NA (Footnote 3.) NA (Footnote 3.) NA (Footnote 3.)
Building Separation 5 feet 5 feet 5 feet
Bathroom Facilities Bathroom facilities shall
be provided
Bathroom facilities shall
be provided
Bathroom facilities shall
be provided
89 Agenda Item # 6.
independently for the
JADU or can have
shared bathroom
facilities with primary
dwelling.
independently within
the ADU.
independently within
the ADU.

Entrance Exterior; optional
interior. (Footnote 4
and 5.)
Exterior. (Footnote 5.) Exterior. (Footnote 5.)
Kitchen Cooking appliances
can include a hot plate,
or counter-top cooking.

A wall installed oven is
not required.

Must include at least a sink, a refrigerator, and
either a cooktop and an oven, or a range. A food
preparation counter and storage cabinets that are
of reasonable size in relation to the size of the
ADU are also required.

Owner Occupancy Required. Not required.

Footnotes:

1. Any proposed accessory dwelling shall conform to the front setback of the underlying zone unless it is demonstrated through a site plan that a physical preclusion exists and hinders the development of an accessory dwelling as allowed by this code.

2. The square footage of any accessory dwelling shall not be included in the maximum floor area ratio of the parcel.

3. The building area of any accessory dwelling shall not be included in the maximum lot coverage of the parcel.

4. A junior accessory dwelling unit must have a separate entrance from the primary dwelling unit. An interior entry is required if the junior accessory dwelling unit does not include a bathroom.

5. Shall have a separate entrance from the primary dwelling unit provided as a side-hinged door per Section R311 of the California Residential Code.

14.14.070 Square Footage Allowance.

The following table provides the square footage allowances for all accessory dwelling unit types:

Unit Type Square Footage Limitations
Efficiency Unit The minimum size of an efficiency unit as defined by the Health and Safety Code shall be 150 square feet.

JADU The maximum size of a JADU shall be five hundred (500) square feet created by the conversion of existing or proposed square footage of the principal dwelling unit including attached garages. Up to one hundred fifty (150) square feet can be added to the existing structure for purposes of ingress and egress to the JADU. The additional square footage created for the purposes of the JADU shall count towards the five hundred (500) square foot maximum.

Attached accessory
dwelling unit
An attached single family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit or one thousand two hundred (1,200) square feet with more than one bedroom. The total floor area for an attached ADU shall include any basement area and shall not be more than fifty (50) percent of the floor area of the existing or proposed principal residence.

Notwithstanding this fifty (50) percent threshold requirement, an 90 Agenda Item # 6.
attached ADU of eight hundred fifty (850) square feet or smaller cannot be denied.

Detached accessory
dwelling unit
A detached single-family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit, or one thousand two hundred (1,200) square feet with more than one bedroom. For detached accessory dwelling units, any basement area is included in the square footage calculation for the ADU.

14.14.080 Allowed Projections.

A. Eaves. Roof eaves associated with an accessory dwelling shall be permitted to project into any required setback a maximum of two (2) feet.

B. Exterior Stairs. Exterior stairs associated with an accessory dwelling shall comply with accessory dwelling minimum setbacks. Any exterior stairs associated with an accessory dwelling shall be architecturally integrated into the exterior facade of the existing or proposed building.

C. Porches. Porches associated with an accessory dwelling shall comply with accessory dwelling minimum setbacks. Any porch associated with an accessory dwelling shall be architecturally integrated into the exterior facade of the existing or proposed building and allowed a maximum twenty (20) square feet.

14.14.090 General Provisions.

A. Short Term Rental. An ADU shall not be rented for periods less than thirty (30) days.

Short term rentals are prohibited pursuant to Chapter 14.30 of the Los Altos Municipal Code.

B. Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

C. Building Codes. Accessory dwellings shall conform to all applicable building code standards at the time of application.

D. Impact Fees. Any applicable fees established by the City of Los Altos shall be proportional based on unit size.

E. Connection Fees and Capacity Charges. Any connection fees and capacity charges that may be required must be assessed in compliance with the provisions of State Government Code Section 65852.2 and 65852.22, as amended from time to time.

F. Utilities. The accessory dwelling must provide water, sewer and electric utility connections that are in working condition upon its occupancy. The accessory dwelling may be served by the primary dwelling or may have separate utility meters. The accessory dwelling will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities.

G. Nonconforming Conditions. Ministerial approval of a permit for creation of an accessory dwelling shall not be conditioned on the correction of pre-existing nonconforming zoning conditions.

H. Certificate of Occupancy. A certificate of occupancy for any accessory dwelling or junior accessory dwelling unit shall not be issued before the local agency issues a certificate of occupancy for the primary dwelling.

I. Tolling. If the applicant requests a delay in processing in writing, the 60-day review time shall be tolled for the period of the delay.
91 Agenda Item # 6.

J. Historic Properties. A new accessory dwelling located on a historic property will be subject to ministerial review for compliance with the design review criteria set forth in Chapter 12.44 of the Los Altos Municipal Code and must be consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties. No review by the Historic Commission shall be required.

K. Exterior Lighting. Exterior lighting associated with an accessory dwelling shall not be permitted on the sides of the structure facing adjacent properties.

L. Addressing. Each accessory dwelling shall be assigned its own address, consistent with the requirements of the postal service and fire authority.

M. Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction, in a form satisfactory to the city attorney, shall be recorded at the Santa Clara County Recorder s office and filed with the city. The deed restriction shall prohibit the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, and one (1) of the dwellings on the lot must be occupied by at least one (1) legal owner of the property, unless the property is owned by a governmental agency, land trust or housing organization.

14.14.100 Parking Requirements.

One additional uncovered parking space of nine feet by eighteen feet (9 X 18) shall be required for a newly constructed single-family residential accessory dwelling, which may be located within the front setback, in tandem and in an existing driveway including within an interior side yard setback area, unless the Development Services Director determines such parking is not feasible due to specific site, topographical constraints or fire and life safety. Notwithstanding the above, a parking stall will not be required for a residential accessory dwelling that meets any of the following criteria:

1. The single-family residential accessory dwelling is created as a result of the conversion of existing area of the single-family residence or existing permitted residential accessory structure.

2. An existing garage, carport or parking structure is converted or demolished to accommodate a single-family residential accessory dwelling in the same location.

3. The single-family residential accessory dwelling is within one-half mile walking distance of a public transit station, such as a bus stop or train station.

4. The parcel is within an architecturally and historically significant historic district.

5. On-street parking permits are required in the area but not offered to the occupant of the residential accessory dwelling.

6. A vehicle share site is located within one block of the single-family residential accessory dwelling.

14.14.110 Mechanical Equipment for Accessory Dwellings.

Accessory dwellings shall conform to all provisions of Chapter 11.14 of the Los Altos Municipal Code unless otherwise specified. The following mechanical equipment regulations are specific to accessory dwellings:
92 Agenda Item # 6.

A. Any mechanical equipment associated with an accessory dwelling shall locate proposed equipment on the interior sides of the accessory dwelling away from all property lines and outside of any required setback.

B. No roof mounted mechanical equipment shall be permitted.

14.14.120 ADU Rental Income Survey.

Each year the city will send out an annual ADU rental income survey to be released no later than September 1st of every calendar year. The property owner can voluntarily share the rental income for the unit. Pursuant to California Constitution Article I, Section 1 and Government Code Sections 6254(k) and 6255, to protect the privacy of property owners and renters and to encourage voluntary responsiveness, the aggregated data will be for the exclusive use of the city to meet its regional housing needs allocation (RHNA). The unredacted data will not be shared with outside agencies, persons or corporations unless specifically mandated by state or federal law.
93 Agenda Item # 6.

Title 14 - ZONING
Chapter 14.14 ACCESSORY DWELLING UNITS
Los Altos, California, Code of Ordinances Created: 2023-11-02 15:05:45 [EST] (Supp. No. 40)

Page 1 of 11 ends

Chapter 14.14 ACCESSORY DWELLING UNITS1
Sections:

14.14.010 Purpose and Intent.

The intent of this chapter is to provide for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), collectively known as an accessory dwelling, on parcels zoned to allow single-family or multifamily dwelling residential use that include a proposed or existing dwelling. ADUs contribute needed housing to the City of Los Altos housing stock, enhance housing opportunities, and contribute to achieving the goals of the RHNA. An ADU is considered a residential use that is consistent with the existing general plan and zoning designations for the parcel. The ADU is not included in calculation of residential density for the purposes of determining general plan conformance.
( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.020 Definitions.

As used in this section, the following terms mean:
"Accessory dwelling unit" (or "ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities and is located on a parcel with a proposed or existing residential dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Accessory dwelling unit, attached" means a residential dwelling unit that is created as a result of internal conversion, addition, or combination thereof made to the primary dwelling, including attached garages, storage areas or similar uses.
"Accessory dwelling unit, detached." A detached accessory dwelling unit means an ADU that is not attached to the primary dwelling. Generally, a detached ADU is constructed as an independent structure that is surrounded by open space and located on the same parcel as the primary dwelling. However, a detached ADU may also include the conversion of an existing accessory structure that is located on the same parcel as the primary dwelling, but that is detached from the primary dwelling. In such a case, the detached ADU may be attached to another existing accessory structure.
"Existing," when referring to an existing principal dwelling, accessory structure, or other building or structure, means a building or structure erected prior to the date of adoption of the appropriate building code, or 1 Ord. No. 2020-473 , § 1, adopted Oct. 27, 2020, amended Ch. 14.14 by repealing and reenacting a new Ch. 14.14 to read as set out herein. Former Ch. 14.14, §§ 14.14.010—14.14.060 ppertained to second living units in R1 districts, and derived from prior code §§ 10-2.6301, 10-2.6303, 10-6304, 10-6305, 10-6306, 10-6307; and Ord. 03-253, § 1(part); and Ord. No. 2018-448 , § 4, adopted July 10, 2018. 94 Agenda Item # 6.

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Page 2 of 11 ends

one for which a legal building permit has been issued, as defined in Section 202 of the 2019 California Building Code. An unpermitted building or structure shall not be considered "existing" for purposes of this chapter. "Multi-family housing" means a group of dwelling units on one site that contains separate living units for two or more families that may have joined services or facilities or both. "Junior accessory dwelling unit" (or "junior ADU" or "JADU") means a unit that is no more than five hundred (500) square feet in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of a single-family residence and may include separate sanitation facilities or may share sanitation facilities with the existing structure or unit. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, if defined as habitable by the California Residential Code (CRC) but does not include a garage or any accessory structure. "Multi-family residential ADU" means an ADU designed for one family and allowed under Government Code Section 65852.2(e)(1)(C), as referenced in Section 14.14.070 of this chapter. "Nonconforming zoning condition" means a physical improvement on a parcel that does not conform with current zoning standards.
"Primary dwelling" means, (i) in the case of a parcel occupied by an existing or proposed single-family residential use, the existing or proposed primary dwelling in connection with which an ADU is proposed to be constructed, or (ii) in the case of multi-family housing, the existing or proposed multi-family use in connection with which one or more ADUs allowed under this chapter are proposed to be constructed. As used in this definition, a "single-family residential use" means a single-family residential dwelling unit that is not attached to any other dwelling unit except for an ADU, and which is designed for one family and is surrounded by open space or yards. "Passageway". The term passageway has the meaning defined by Government Code Section 65852.2, which states: "A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit."
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and/or are available to the public.
"Single family residential ADU" means an ADU designed for one family per 65852.2(a) of Government Code as referenced in Section 14.14.050 of this chapter.
"Tandem parking" means that two or more automobiles are parked in any location on a parcel and lined up behind one another.
( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.021 Standards for categories of single family residential ADUs.

The following table summarizes design standards for single family residential ADUs. If this summary of information conflicts with other sections of this chapter, those sections shall be binding. See Section 14.14.070 for design standards that apply to multi-family ADUs.

Design Standards JADU Attached ADU
(single-family)
Detached ADU
(single-family)
Maximum Size
(see 14.14.025 for
additional details)
500 sq. ft. created from
the existing or proposed
square footage of the
primary dwelling.
1,200 sq. ft. but no more
than 50% of the floor
area of an existing or
proposed primary
1,200 sq. ft. including
basement area).
95 Agenda Item # 6.

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Page 3 of 11 ends

dwelling (excluding
basement area).

Maximum Height NA The greater of 16 feet or
the height of the
underlying zoning district
16 feet
Minimum
Side Setback
NA 4 feet (see exception
identified within

14.14.050(f)(2))
4 feet
Minimum
Rear Setback
NA 4 feet (see exception
identified within

14.14.050(f)(2))
4 feet
Kitchen Cooking appliances can
include a hot plate, or
counter-top cooking. A
wall installed oven is not
required.

Must include at least a sink, a refrigerator of no less than 10 cubic feet, and either a cooktop and an oven,
or a range. A food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the ADU are also required.

Parking Requirement None 1 uncovered parking space required. See Section

14.14.050(i)(1-6) for the exceptions to this
requirement.

Owner Occupancy Required Not required
Short Term Rentals Prohibited Prohibited
Impact Fees None 750 sq. ft. or less-no impact fees
751 sq. ft or more-impact fees are proportionate to
principal dwelling.

Utility Fees and
Connections
None required. The accessory dwelling may be served by the primary dwelling or may have separate utility meters.
( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.025 Square footage chart.

For clarity the following chart provides the square footage thresholds for the various forms of accessory dwelling units:

Unit Type Square Footage Limitations
Efficiency Unit The minimum size of an efficiency unit as defined by the Health and Safety Code shall be 150 square feet.

JADU The maximum size of a JADU shall be five hundred (500) square feet created by the conversion of existing square footage of the principal dwelling unit. However, up to one hundred fifty (150) square feet can be added to the existing structure for purposes of ingress and egress to the JADU. The additional square footage shall count towards the five hundred (500) square foot maximum.

Attached accessory
dwelling unit
An attached single family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit or one thousand two hundred (1,200) square feet with more than one bedroom. The total floor area for an attached ADU shall exclude the basement areas, and shall 96 Agenda Item # 6.

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not be more than fifty (50) percent of the floor area of the existing or proposed principal residence. Notwithstanding this fifty (50) percent threshold requirement, an attached ADU of eight hundred fifty (850) square feet or smaller cannot be denied. Additional square footage above eight hundred fifty (850) square feet shall not be allowed if the parcel exceeds, or, with the addition of the single-family residential ADU would exceed, the lot coverage and floor area ratio requirements for the applicable zoning district.

Detached accessory
dwelling unit
(1) A detached single-family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit, or one thousand two hundred (1,200) square feet with more than one bedroom.

Additional square footage above eight hundred fifty (850) square feet shall not be allowed if the parcel exceeds, or, with the addition of the singlefamily residential ADU would exceed, the lot coverage and floor area ratio requirements for the applicable zoning district. For detached accessory dwelling units, garage area is excluded but basement areas are included in the square footage calculation for the ADU.

Accessory dwelling unit
subject to objective
design standards
An ADU between 851-1,200 square feet is subject to a zoning clearance review for objective design standards as identified in Chapter 14.06- Chapter 14.16-24. An ADU may exceed eight hundred fifty (850) square feet only if the parcel has not exceeded the floor area ratio allowed for the parcel per Chapter 14.06 of the Los Altos Municipal Code. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.030 Location permitted.

A. ADUs may be permitted in the following zones: on parcels zoned for multifamily or single-family dwellings.

B. Nothing in this chapter shall be construed to authorize construction of new single-family residences in multiple-family districts where such single-family residential use is not otherwise allowed. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.040 General requirements.

Notwithstanding any local ordinance regulating the issuance of variances or special use permits, or regulations adopted herein to the contrary, an application to construct an ADU shall be approved or denied ministerially, without discretionary review or hearing, within sixty (60) days from the date the city receives a completed planning application if there is an existing single-family or multifamily structure on the parcel. The following requirements apply to all accessory dwellings:
(a) An ADU shall not be rented for periods less than thirty (30) days. Short term rentals are prohibited pursuant to Chapter 14.30 of the Los Altos Municipal Code. (b) Except as allowed by State law, an ADU shall not be sold or have its title transferred separately from the primary dwelling.
97 Agenda Item # 6.

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(c) Deed restriction. Prior to the issuance of the building permit for the ADU, the owner must record a deed restriction stating that the ADU may not be rented for periods less than thirty (30) days, and that it may not be transferred or sold separate from the primary dwelling. (d) The installation of fire sprinklers shall not be required for an ADU if sprinklers are not required for the primary dwelling.
(e) ADUs are subject to the design standards and other zoning requirements of the zoning district in which the existing primary dwelling is located and must be built in accordance with the building code set forth in Title 12 of the Los Altos Municipal Code, except for those design, zoning, and building standards inconsistent with this chapter or with state requirements under California Government Code Section 65852.2.
(f) An ADU is not subject to residential accessory structure regulations. (g) An ADU will not be subject to any charges and fees other than planning and building permit fees generally applicable to residential construction in the zone in which the parcel is located, except as otherwise provided herein.
(h) Any connection fees and capacity charges that may be required must be assessed in compliance with the provisions of State Government Code Section 65852.2 and 65852.22, as amended from time to time.
(i) The ADU must contain water, sewer and gas and/or electric utility connections that are in working condition upon its occupancy. The ADU may be served by the primary dwelling or may have separate utility meters. The accessory dwelling will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities. (j) An ADU must have an independent electrical sub-panel, water heating and space heating equipment within the unit or be readily accessible to the occupant on the exterior of the unit. (k) Ministerial approval of a permit for creation of an ADU shall not be conditioned on the correction of pre-existing nonconforming zoning conditions.
(l) A certificate of occupancy for any ADU shall not be issued before the local agency issues a certificate of occupancy for the primary dwelling.
(m) If the applicant requests a delay in processing in writing, the 60-day review time shall be tolled for the period of the delay.
(n) A kitchen shall be provided for an ADU. A full kitchen requires habitable space used for preparation of food that contains at least a sink, a refrigerator of no less than ten (10) cubic feet, and either a cooktop and an oven, or a range. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the ADU are also required.
(o) A minimum sill height of five feet for windows on the second story within fifteen (15) feet of the property line that face out to the neighbors to mitigate privacy concerns shall be required. (p). Except as otherwise required by state law, a single-family residential ADU either attached or detached from the main house must not encroach upon the required front yard area and shall have at least a four-foot setback from the side yard property line.
( Ord. No. 2020-473 , § 1, 10-27-2020)
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14.14.050 Single-family residential ADU standards in single family residential zoning districts.

Notwithstanding any other provisions of this chapter to the contrary, a single-family residential ADU shall be permitted as a single-family residential use that shall comply with the following:
(a) Zoning. A single-family residential ADU shall be located on a parcel in a residential zoning district with an existing or proposed single-family residential dwelling unit. (b) Number. For a parcel with a proposed or existing single-family dwelling, one attached or detached, new construction ADU shall be permitted. In the case of a detached ADU that does not exceed eight hundred fifty (850) square feet in size nor sixteen (16) feet in height, and that provides at least four foot side and rear setbacks, the detached ADU may be established in addition to a JADU, as set forth in Section 14.14.060.
(c) Relationship to primary dwelling. A single-family residential ADU may be within, attached to, or detached from the primary dwelling, provided that a single-family residential ADU contained within or attached to an existing primary dwelling shall have independent exterior access from the existing residence. A detached single-family residential ADU must be located at least five feet from the proposed or existing primary dwelling per Section 14.14.050(f)(3). (d) Size.
(1) A detached single-family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit, or one thousand two-hundred (1,200) square feet with more than one bedroom. Additional square footage above 850 square feet shall not be allowed if the parcel exceeds, or, with the addition of the single-family residential ADU would exceed, the lot coverage and floor area ratio requirements for the applicable zoning district. For detached accessory dwelling units, garage area is excluded but basement areas are included in the square footage calculation for the ADU. The garage area counts towards the floor area ratio for the property.
(2) An attached single family residential ADU shall not exceed eight hundred fifty (850) square feet in floor area for one bedroom unit or one thousand two hundred (1,200) square feet with more than one bedroom. The total floor area for an attached ADU shall exclude the basement areas and shall not be more than fifty (50) percent of the floor area of the existing or proposed principal residence. Notwithstanding this fifty (50) percent threshold requirement, an attached ADU of eight hundred fifty (850) square feet or smaller cannot be denied. Additional square footage above eight hundred fifty (850) square feet shall not be allowed if the parcel exceeds, or, with the addition of the single-family residential ADU would exceed, the lot coverage and floor area ratio requirements for the applicable zoning district. (3) Internal attached ADU conversion. There is no size limitation on an ADU that is created exclusively by converting space within the existing primary dwelling or accessory structure. If a homeowner converts a portion of the primary dwelling for an attached ADU, nothing herein shall prevent the homeowner from replacing the square footage lost, up to eight hundred fifty (850) square feet above FAR limits, subject to the applicable design rules for the specific zoning district. (e) Height.
(1) The maximum height for a detached single-family residential ADU shall be one-story and sixteen (16) feet.
(2) Attached single-family residential ADUs shall have a maximum height equal to the greater of (i) sixteen (16) feet, or (ii) the height limit established for the primary dwelling pursuant to applicable zoning.
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(f) Setbacks. A single-family residential ADU is subject to the design criteria and zoning requirements of the district in which the existing single-family dwelling is located and as follows:
(1) An attached or detached single-family residential ADU must not encroach upon the required front yard area and shall have at least four foot setbacks at the rear and side yards per state law.

Applicants are encouraged to comply voluntarily with the setbacks identified within Section

14.14.080 of ten (10) feet from the side and rear property lines to reduce privacy impacts. An ADU that provides such ten (10) foot setback shall be removed from daylight plane restrictions. (2) A setback of four feet from the interior side and rear property lines shall be required for a newly constructed, detached or attached single-family residential ADU. No setback shall be required for converting an existing living area or accessory structure or a structure constructed in the same location, to the same dimensions and within the same footprint as an existing structure that is converted to an ADU or to a portion of an ADU. If the existing structure to be converted is four feet or less from the property line, a record of survey must be provided to the City for proof of location, setbacks, footprint, and property lines.
(3) The separation from the principal dwelling and any other accessory structure on the parcel shall be at least five feet unless implementation of this requirement would prohibit the construction of an eight hundred fifty (850) square foot detached ADU, in which case this requirement shall be waived provided the ADU complies with California Building Code (CBC) requirements for separation.
(g) Detached ADU daylight plane.
(1) No portion of an attached or detached ADU shall extend above or beyond a daylight plane as follows:
(2) The daylight plane starts at a height of eight feet at the property line and proceeds inward at a 6:12 slope. At ten (10) feet from the property line the structure can increase in height to sixteen (16) feet. All appurtenances, including chimneys, vents and antennas, shall be within the daylight plane. The daylight plane is not applied to a side or rear property line when it abuts a public alley or public street. However, the ADU daylight plane shall not be enforced if it prohibits the development of an eight hundred fifty (850) square foot ADU which is required by state law. If an applicant provides the voluntary setbacks identified in 14.14.080 of ten (10) feet for the side and rear property lines, the daylight plane provisions will not apply to the structural elements of the ADU.
(3) Daylight plane shall not be enforced for an ADU if the structure abuts a city street or alleyway in the rear of the parcel.
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(h) A single-family residential ADU must be built in accordance with the building code set forth in Title 12, except that any design, zoning, and building standards inconsistent with state requirements under California Government Code Section 65852.2 shall not apply. (i) Parking. One additional uncovered parking space of nine feet by eighteen feet (9 X 18) shall be required for a newly constructed single-family residential ADU, which may be located within the front setback, in tandem and in an existing driveway including within an interior side yard setback area, unless a specific finding is made that such parking is not feasible due to specific site, topographical or fire and life safety. Notwithstanding the above, a parking stall will not be required for a residential ADU that meets any of the following criteria:
(1) The single-family residential ADU is created as a result of the conversion of existing area of the single-family residence or existing permitted residential accessory structure. (2) An existing garage, carport or parking structure is converted or demolished to accommodate a single-family residential ADU in the same location.
(3) The single-family residential ADU is within one-half mile walking distance of a public transit station, such as a bus stop or train station.
(4) The parcel is within an architecturally and historically significant historic district. (5) On-street parking permits are required in the area but not offered to the occupant of the residential ADU.
(6) A vehicle share site is located within one block of the single-family residential ADU. (j) Design standards. Architectural review of attached or detached single-family residential ADUs over eight hundred fifty (850) square feet or greater will be limited to the following:
(1) Notwithstanding any other provision of this Code, a zoning clearance letter shall be issued for ADUs and shall be reviewed by the director of community development or their designee for compliance with objective design standards as identified within Chapter 14.06 (Single Family Zoning Districts) or Chapters 14.16-14.24 (Multi-Family Zoning Districts). The permit shall be considered ministerial without discretionary review within the time frames required by Section 65852.2 of the Government Code;
(2) In those instances where an applicant seeks permission to deviate from the standards, a variance shall be filed in accordance with Section 14.76.070.
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(3) If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the parcel, the city may delay acting on the permit application for the ADU or the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay. (4) The architectural features, window styles, roof slopes, exterior materials, colors, appearance, and design of the single-family residential ADU must be compatible with the existing single-family dwelling.
(5) Minimum sill height of five feet for windows on the second story within fifteen (15) feet of the property line that face out to the neighbors to try to mitigate privacy concerns shall be required. (6) A new single-family residential ADU located within a historic site or neighborhood combining district will be subject to ministerial review for compliance with the design review criteria set forth in Chapter 12.44 of the Los Altos Municipal Code and must be consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties. (7) Outside stairways serving a second story single-family residential ADU shall not be constructed on any building elevation facing a public street.
(8) No passageway will be required in conjunction with the construction of any single-family residential ADU.
(k) Streamlined approval of accessory dwelling units. Notwithstanding the restrictions above, a building permit application for a detached, single-family residential ADU within a residential or mixed-use zone must be approved ministerially if it is:
(1) Setback at least four feet from the interior side and rear property lines. Four feet setbacks are the maximum the City can recommend per state law, but applicants are encouraged to voluntarily comply with the setbacks identified within Section 14.14.080 of ten (10) feet from the side and rear property lines so as to reduce privacy impacts. (2) No larger than eight hundred and fifty (850) square feet in floor area; and (3) No taller than sixteen (16) feet in height.
(l) Annual rental data. On an annual basis property owner shall be requested to submit voluntarily rental data for use by the city for the Regional Housing Needs Allocation process. (m) Mechanical equipment and air conditioning units for accessory dwelling units shall comply with the noise thresholds identified within Chapter 6.16 of the Noise Control Ordinance. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.060 JADU or efficiency unit standards.

Notwithstanding any other provisions in this article or of this chapter to the contrary, a JADU shall be permitted and comply with the following:
(a) The owner shall reside in the primary dwelling or the JADU (b) One JADU may be permitted per residential parcel zoned for a single-family residential use, provided that the parcel has not more than one existing or proposed single-family residence. A single-family residential parcel may have both one JADU and one detached accessory dwelling unit. 102
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(c) The unit must be constructed within the existing walls of a single-family dwelling except that an expansion of one hundred fifty (150) square feet beyond the existing physical dimensions of the primary dwelling may be permitted to accommodate required ingress and egress. (d) The square footage of the unit shall be at least the minimum size (one hundred fifty (150) square feet) required for an efficiency unit, up to a maximum size of five hundred (500) square feet in floor area, and must include one Bedroom or studio sleeping area pursuant to Section 17958.1 of the Health and Safety Code.
(e) A separate entrance from the unit to the exterior of the residence, and an interior connection to the main living area may be provided. A second interior doorway for sound attenuation may also be permitted.
(g) At least an efficiency kitchen must be provided in the unit which shall include all the following:
(1) A cooking facility with appliances. Appliances can include hot plate, or counter-top cooking. A property owner does not need to have a wall installed oven or stove to qualify for a cooking appliance.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
(h) The unit may include separate bathroom facilities or may share bathroom facilities contained within the primary dwelling.
(i) No separate utility connection, connection fee or capacity charge, or parking space shall be required for a JADU.
(j) A deed restriction shall be required for JADU and must include the following stipulations:
(1) prohibition on the sale of the JADU separate from the sale of the primary dwelling. (2) If a JADU is rented, the unit shall not be rented for a period of less than thirty (30) consecutive days.
(3) Owner occupancy is required for the JADU or the main house, unless the owner is another government agency, land trust or housing organization as allowed by State Law. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.070 Multi-family ADU standards in multi-family zoning districts.

Notwithstanding any other provisions of this chapter to the contrary, multi-family ADUs shall be permitted and comply with the following:
(a) In addition to the types of ADUs allowed by this Section, one Single-Family Residential ADU may be constructed on a parcel with a multi-family housing development project. (b) Portions of existing multi-family dwelling structures that are not used as livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages), may be converted for use as ADUs provided that total number of units must not exceed twenty-five (25) percent of the existing multi-family dwelling units or one unit, whichever is greater. (c) An owner may also construct up to a maximum of two detached ADUs on a parcel that has an existing multifamily dwelling, subject to a height limit of sixteen (16) feet and at least four foot rear yard and side setbacks. If there are inconsistencies between this Chapter and other provisions of the Los Altos municipal code, this Chapter shall prevail over those other provisions. 103
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(d) ADUs in multi-family zone districts shall comply with Government Code Section 65852.2. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.080 Voluntary Additional Setback.

For a detached accessory dwelling unit, the minimum setbacks shall be five feet from the primary dwelling, and four feet from the side and rear property lines. However, to reduce the privacy impacts to abutting property owners, applicants are encouraged to voluntarily increase the setbacks to be ten (10) feet from the rear and interior property lines. If an applicant provides the ten (10) foot rear and side property line setbacks, the daylight plane provisions will not be enforced for detached accessory dwelling units. ( Ord. No. 2020-473 , § 1, 10-27-2020)

14.14.090 ADU rental income survey.

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
UPDATED JULY 2022
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2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9

1. Legislative Intent............................................................................................................... 9

2. Zoning, Development and Other Standards....................................................................11 A) Zoning and Development Standards.........................................................................11 B) Size Requirements.....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements .................................................................................................17 F) Bedrooms...................................................................................................................17 G) Impact Fees...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19
I) Nonconforming Zoning Standards...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements.......................................................................................23

3. JADUs .............................................................................................................................24

4. Manufactured Homes.......................................................................................................25

5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25

6. Homeowners Associations ...............................................................................................26

7. ADU Ordinances and Local Agencies..............................................................................27

8. Enforcement ....................................................................................................................28

9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28

10. Funding……………………………………………………………………… ………………...29
Resources ...............................................................................................................................30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources............................................................................................55 106
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3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).

What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similaruse, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that iscontained entirely within an existing or proposed single-family residence. 107
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4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.

Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents oftenwant better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.

ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.

ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians. 108
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5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.

AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
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6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and 110
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7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).) AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutesof 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an 111
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8 impact on State ADU Law, particularly throughHealth and Safety Code Section 17980.12.

These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit orunreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).) 112
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9 Frequently Asked Questions

1.Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies. 113
Agenda Item # 6.
10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing inCalifornia. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housingstock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and futurehousing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet theneeds of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
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11 2.Zoning, Development and Other Standards
A)Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.

Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.

Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).) • Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision. 115
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12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.

Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law. • Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).) • Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on 116
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13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).

As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).) B)Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below. 117
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14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.

Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unitsize for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)
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15 C)Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.

Note: For the purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever isless. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not berequired for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).

What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.
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16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction ofan ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D)Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.

No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.

Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks ofless than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.

A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §65852.2, subd. (c) and (e).) 120
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17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.

F)Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.
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18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above,anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.

For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 squarefoot expansion, a total ADU square footage over 750square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities. 122
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19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection withthe approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.

Code, § 65852.2, subd. (f)(2).)
H)Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approvalof ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.
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20 (C)Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D)Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.

The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.

These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).

ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy. • How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.

By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).
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21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.

These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.

Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.

Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure. • Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.

A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.
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22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixeduse development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.

I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.

Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, anapplicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J) Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §65852.2, subds. (a)(6) and (e)(4).) • Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling orADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.

However, should a property have both an ADU and JADU, JADU law requires owneroccupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)
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23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.

For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.

L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policyresearch/AccessoryDwellingUnits.shtml.

See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.
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24 3.JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.

JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.

Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).) • Are JADUs allowed to be increased up to 150 square feet when created within an existingstructure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.
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25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)

4.Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living,sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposesof this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

5.Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are 129
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26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs. • Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.

6.Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU orJADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.
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27 7.ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).

Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not 131
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28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.

For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to thelocality’s local Coastal Commission district office. • Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.

8.Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.

HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.

9.Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local 132
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29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.

10. Funding
• Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].
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30 Resources
134
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31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessorydwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessorydwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existingdwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is 135
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32 converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(1)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(2)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an 136
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33 ordinance that complies with this section.
(4)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30days. (6)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (7)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessorydwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local 137
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34 development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unitin any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
(C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision befor a term longer than 30 days.
(5)A local agency may require, as part of the application for a permit to create an accessory 138
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35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6)Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a localagency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwellingunit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h)(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)(A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other 139
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36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes thefollowing:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the 140
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37 effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted inunderline/italic):
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence. (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or 141
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38 existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II)Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III)This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs 142
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39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6)(A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If 143
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40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
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41 (C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivisionbe for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.

These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory 145
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42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,underline/italics) (AB 3182 (Ting)):
4740.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b)Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c)(b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes ofreassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d)(c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e)(d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which acommon interest development adopts or amends its governing documents.
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46 (f)This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.

Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b)A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d)For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e)For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f)A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governingdocuments to comply with this section.

However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g)A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h)In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.

Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residenceswith a single-family residence built, or proposed to be built, on the lot. (2)Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the 150
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47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, landtrust, or housing organization. (3)Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permittingagency, and shall include both of the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-familyresidence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4)Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5)Require a permitted junior accessory dwelling to include a separate entrance from the main entrance tothe proposed or existing single-family residence. (6)Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b)(1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d)For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not beconsidered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city andcounty, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a singlefamily residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether thesingle-family residence includes a junior accessory dwelling unit or not. (e)For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessorydwelling unit shall not be considered a separate or new dwelling unit. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as 151
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48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g)If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1)“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2)“Local agency” means a city, county, or city and county, whether general law or chartered.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately followingSection 17980.11, to read:
17980.12.
(a)(1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standardpursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delayin enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020. (B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3)The enforcement agency shall grant an application described in paragraph (2) if the enforcement determinesthat correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4)The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid forthe full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 152
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49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions ofSection 65852.2 or 65852.22 of the Government Code.

GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).

Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671(Friedman)):
50504.5.
(a)The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-incomehouseholds. (b)The list shall be posted on the department’s internet website by December 31, 2020. (c)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) ofsubdivision (i) of Section 65852.2 of the Government Code. 153
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50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. 154
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51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
155
Agenda Item # 6.
52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 156
Agenda Item # 6.
53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-ofway. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. 157
Agenda Item # 6.
54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. 158
Agenda Item # 6.
55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development andResearch. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detachedfrom the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.

ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL

POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.

In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.

ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN

BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst 159
Agenda Item # 6.
56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards lowincome housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce lowincome occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more lowincome needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.

IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.

JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS

LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.

THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014)Library Call #: H43 4.21 M33 2014
160
Agenda Item # 6.
57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.

REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR

ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.

RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.

One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.

Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-lawsuites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.

REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2) 161
Agenda Item # 6.
58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging inplace. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to helpalign formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.

SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.
162
Agenda Item # 6.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 21, 2022
Jonathan Lait, Director
Planning and Development Services
City of Palo Alto
250 Hamilton Avenue, 5th Floor
Palo Alto, CA 94301
Dear Jonathan Lait:

RE: City of Palo Alto Accessory Dwelling Unit (ADU) Ordinance – Letter of Technical Assistance
The California Department of Housing and Community Development (HCD) thanks the City of Palo Alto (City) for submitting accessory dwelling unit (ADU) Ordinance Number 5507 (Ordinance) and for its response to HCD’s December 23, 2021, written findings of non-compliance. HCD appreciates the time and effort the City took in crafting its February 3, 2022, response, and for the conversation between City staff and HCD Analyst Lauren Lajoie on February 2, 2022. Nevertheless, HCD has concerns with the City’s response as it fails to address identified inconsistencies between the City’s ADU ordinance and State ADU Law, as outlined in this letter.

HCD requests that the City respond to this letter no later than January 20, 2023, with a detailed plan of action and timeline, to bring its Ordinance into compliance pursuant to Government Code section 65852.2, subdivision (h)(2)(B).

Background and Summary of Issues
In its December 23, 2021, findings, HCD detailed where it found the Ordinance violates Government Code section 65852.2. In its February 3, 2022, letter, the City responded point by point to the findings as they were presented in the HCD letter. While the responses indicate a willingness to come into compliance with state law, HCD remains concerned that the proposed changes to the City’s Ordinance are insufficient. This letter will address HCD’s findings for which the City’s response and/or commitment to correct was not satisfactory and where HCD still considers an inconsistency between the Ordinance and State ADU Law.
1) HCD’s Original Finding
Daylight Plane - Section 18.09.040(b): Table 2 states that "daylight plane" acts as a limit on the height of ADUs. In many instances, this may not be a problem; however, daylight plane concerns cannot be used to unduly limit the height of an ADU. ADUs 163
Agenda Item # 6.

Jonathan Lait, Director of Planning and Development Services

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Los Altos City CouncilApril 9, 2024

Los Altos City Council
April 9, 2024