September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
Law Office of Rachel Mansfield-Howlett
Santa Rosa CA
(707) 291-6585
[email protected]
City of Los Altos
Mayor Weinberg and Councilmembers
City Manager
[email protected].
September 9, 2024
Re: Environmental review mandated for removal of 25 apricot trees within the Heritage (Civic Center) Orchard
Via email
Dear Mayor Weinberg and Councilmembers,
On behalf of appellants Catherine Nunes, Mary Cunneen Lion, Alice Mansell and the newly formed unincorporated public benefit organization, Preservation Action League Los Altos (PALLA), thank you for the opportunity to comment on the alterations proposed for the historic orchard site, described in the 2011 State Department of Parks Record evaluation HR#15, including the removal of 25 apricot trees within the historic orchard setting, prior to the Council hearing of September 10, 2024.
The City of Los Altos acts as the lead agency under CEQA and is therefore responsible for following the mandates of CEQA in carrying out alterations to a recognized historic site. The History Museum may act as an arm of the City, but it is not the approving agency, and therefore does not hold the same accountability as the lead/responsible agency when it comes to the enforcement of CEQA. Moreover, any alteration to the orchard should be first reviewed by the City’s own Historical Commission.
As a land use attorney representing numerous public benefit organizations over the years, I can attest that there is substantial evidence in the administrative record of a “fair argument” of impacts to historic resources such that an EIR must be prepared as a matter of law, prior to any further consideration of tree removal, via this tree removal permit, or any other actions considered by the City that would entail tree removal from the historic orchard, be they ministerial or discretionary actions or decisions.
Appellants’ appeal letter and their exhibits, filed with the appeal and accepted by the City, are incorporated here by reference.
228
Agenda Item # 10.
________________________________________________
September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
The California Environmental Quality Act
CEQA declares it state policy to “develop and maintain a high-quality environment now and in the future, and to take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. “It helps safeguard the natural environment as well as historic places that you and other members of the community consider too important to tear down. CEQA is the primary legal tool used in California to protect historic sites threatened with demolition. At its simplest, CEQA requires a report to the public (called an “EIR” or “environmental impact report”) describing how a proposed action would affect the quality of life of communities, including our basic rights to clean air, toxic-free buildings, ease of traffic, and cultural heritage. It requires our government agencies to avoid or minimize those impacts to the extent feasible by examining alternative approaches to its actions and decisions. The specific ways of reducing these impacts are developed through a public participation process in which the views of neighborhood residents must be taken into account.
Historic Resources
Permanent removal of trees from the historic orchard would result in impacts to the integrity of the historic setting of the resource, therefore the City must prepare an EIR prior to the consideration of any alteration to this historic site. “Significant effects” are “substantial, or potentially substantial,” adverse changes in physical conditions that exist within the area that will be affected by a proposed action. Pub. Res. Code §§ 21068, 21100, 21151. Quail Botanical Gardens v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1604; Oro Fino Gold Mining Corp. v. County of El Dorado (1990) 225 Cal.App.3d 872, 881. Physical conditions include land, air, water, minerals, flora, fauna, noise, historic and cultural sites, and aesthetics. §21060.5.
An action that may cause a substantial adverse change in the significance of an historical resource is an action that may have a significant effect on the environment.
Pub. Res. Code §21084.1; Guidelines §15064.5. League for Protection v. City of Oakland (1997) 52 Cal.App.4th 896; Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.4th 165; Architectural Heritage Association v. County of Monterey (2004) 122 Cal.App.4th 1095; Uphold Our Heritage v. Town of Woodside (2007) 147 Cal.App.4th 587.
Boundaries of the Historic Resource
The 2011 State Department of Parks Record HR#15 established that the historic orchard site includes historic orchard lands. Boundaries in this instance does not refer to a land survey but instead to the elements that comprise the historic site. Official City documents, including a 2006 Maintenance Plan and a 2019 Historical Commission Staff Report have established that the historic resource’s acreage is 2.84 acres. 229
Agenda Item # 10.
________________________________________________
September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
Any attempts to reduce the size of the historic resource site or environs would be considered an alteration to a historic resource that may result in environmental impacts, and therefore must be accompanied by a full environmental analysis. As the evidence presented by appellants in the appeal letter established:
Per City and State registered official documents, the Heritage Orchard is a registered historic resource consisting of a landmark, tree sites, and fruit (trees) across the Civic Center site, and it is stipulated trees can NOT be removed, unless replaced on the tree sites. The protected tree stipulation and site location on the Civic Center inclusive of the Police Station is evidenced in the historic resource description in the 2011 State or California Department of Parks Record HR#15 and in the County recordings as the recorded description. Note Lands/trees/sites included in the “northeast sector of the complex” is the location of the orchard elements surrounding the Police Station. (Exhibit 2) “Portions of the Smith orchard lands within the Civic Center remain along N.
San Antonio Road, north of the Los Altos Library, and in the northeast sector of the complex. A number of trees dating to the period of Smith’s residence appear to remain.
As the City replaces dead or diseased trees as needed, a number of younger trees are also apparent within the orchard tracts. … Another stipulation was that the remaining apricot trees not be removed; the city maintains and replaces the trees as needed today.
To make a finer point, this description from City official documentation in the 2006 Heritage Orchard Management Plan the description of Heritage Orchard location, acreage and tree sites. It states: (Exhibit 3) Description of Orchard: The heritage orchard is located at 1 North San Antonio Road in the Civic Center grounds. It surrounds the City Hall building, and parts of the Library, Youth Center and Police Department.
Acreage: 2.84 acres
Number of tree sites: 444
CEQA’s Fair Argument Standard
The EIR is acknowledged as “the heart” of CEQA. Guideline § 15003(a). EIRs provide public agencies with in-depth review of actions that have potentially significant environmental effects. County of Inyo v. Yorty (1973) 32 Cal.App.3d 795; Laurel 230
Agenda Item # 10.
________________________________________________
September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
Heights Improvement Association v. UC Regents (Laurel Heights II) (1993) 6 Cal.4th 1112, 1123. The EIR acts as “informational document,” and by utilizing its objective analysis public agencies “shall mitigate or avoid the significant effects on the environment … whenever it is feasible to do so.” Pub. Res. Code § 21002.1.
Preparation of an EIR is required if there is substantial evidence in the “whole record” of proceedings that supports a “fair argument” that an action “may” have a significant effect on the environment. Guideline §15064(f)(1.) No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75, Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 111-112.
An EIR must be prepared whenever there is substantial evidence that significant effects “may” occur. Pub. Res. Code §§21082.2(a), 21100, 21151. “May” means a reasonable possibility. League for Protection v. City of Oakland (1997) 52 Cal.App.4th 896, 904-05; Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 309.
Courts have repeatedly affirmed that the fair argument standard is a “low threshold test.” Evidence supporting a fair argument of any potentially significant environmental impact triggers preparation of an EIR regardless of whether the record contains contrary evidence. League for Protection v. City of Oakland (1997) 12 Cal.App.4th 896; Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 310.
Indirect and Direct Impacts Must be Studied Under CEQA
The agency must evaluate a project’s likely secondary or indirect impacts along with its direct impacts. El Dorado Union High School District v. City of Placerville (1983) 144 Cal.App.3d 123; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692. CEQA therefore requires the analysis of all secondary or indirect impacts, thus even if the City erroneously treats the tree removal as not within the boundaries of the historic site, all of the apricot trees proposed for removal are a part of the historic orchard and would be considered a part of the historic setting that contributes to the integrity of the resource. Any alteration of demolition would need to be analyzed and reviewed in an EIR prior to their removal.
Maintenance of the Historic Orchard
The tree assessment conducted by the orchardist for the History Museum is inadequate and incomplete and cannot be used to qualify the trees as requiring removal. As stated, any alteration to the historic site or its setting must first be accompanied by review within an EIR to fairly assess, disclose to the public the environmental ramifications of the proposed action, provide feasible mitigation 231
Agenda Item # 10.
________________________________________________
September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
measures and/or propose alternatives that satisfy the agency’s objectives while substantially lessening historic/cultural impacts.
Pursuant to the orchardist’s assessment, the 25 trees proposed for demolition have not been maintained properly, exhibit stress and are in need of irrigation and care.
Twelve of the trees were rated as healthy or in satisfactory health. The transference of airborne brown rot spores can be controlled by proper orchard maintenance, removal of dried fallen fruit, leaf clean up in the fall, and controlled pruning, therefore, the stewards of the resource need not resort to tree removal to ensure a healthy orchard.
Individual trees were not evaluated as to the level of brown rot exhibited. The orchardist confirmed that typical treatment for brown rot is pruning.
As an expert with a degree in environmental horticulture, I can attest that brown rot is a common ailment in stone fruits throughout California and proper maintenance techniques are regularly used to control brown rot – removal of the historic apricot trees is not required when routine methods to control brown rot are instituted. Control not eradication of brown rot is the goal.
Moreover, even if some trees are validly proposed for removal, environmental review must be conducted to ensure adequate mitigation and replacement trees are implemented within the context of the compatibility with and retention of, the integrity of the historic site. In this instance, where ongoing maintenance of the orchard will be required, a mitigation monitoring program should be implemented as part of the EIR.
Failure to maintain the orchard site may be considered demolition by neglect “Demolition by Neglect” is the term used to describe a situation in which the steward of a historic resource intentionally allows a historic property to suffer severe deterioration, potentially beyond the point of repair. Agencies should not use this kind of long-term neglect to circumvent historic preservation regulations or to clear the ground for future, as yet undefined projects.
Cumulative Impacts
CEQA requires that cumulative impacts of similar actions be considered together in one environmental review document. All phases of an action must be considered in the EIR as the “whole of the action,” so that “environmental considerations do not become submerged by chopping a large project into many little ones, each with a potential impact on the environment, which cumulatively may have disastrous consequences.” Bozung v Local Agency Formation Commission (1975) 13 C3d 263, 283–284, Burbank-Glendale-Pasadena Airport Authority v Hensler (1991) 233 CA3d 577; Citizens Ass’n 232
Agenda Item # 10.
________________________________________________
September 9, 2024
Letter to City of Los Altos re. Tree Removal
From land use attorney Rachel Mansfield-Howlett
for Sensible Development of Bishop Area v County of Inyo (1985) 172 CA3d 151, 167, Guideline §15126. And, the EIR must include future activities that may become part of the project. Laurel Heights Improvement Ass’n v Regents of the University of California (Laurel Heights I) (1988) 47 C3d 376, 399.
This is particularly important in this instance; the City has allowed numerous separate actions to proceed that entail the removal of apricot trees and alterations to the historic site without also subjugating these actions to the rigor of environmental review.
The City must review the cumulative impacts of all ministerial or discretionary actions that propose removal of the orchard together in one document so that the combined impacts of such removal may be properly assessed and adequate mitigation and alternatives to removal are fairly considered.
For the reasons cited herein, appellants urge the Council to uphold the appeal, deny the permit, and require an EIR be prepared prior to allowing any further alterations to the historic resource or its setting.
Sincerely,
Rachel Mansfield-Howlett
Attorney for Appellants
233
Agenda Item # 10.
City Council Agenda Report
Meeting Date: September 10, 2024
Prepared By: Nick Zornes
Approved By: Gabriel Engeland
Subject: Electrification Incentives
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☒Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Accept Environmental Commission Recommendations #1, #2, and #5 for Accelerating Building Electrification.
FISCAL IMPACT
At this time there is no direct fiscal impact associated with the acceptance of the Environmental Commission Recommendation. Staff will solicit potential service providers, and if necessary, will provide a mid-year budget adjustment request in January 2025.
ENVIRONMENTAL REVIEW
This Ordinance is exempt from environmental review pursuant to Section 15061 of the State Guidelines implementing the California Environmental Quality Act of 1970.
PREVIOUS COUNCIL CONSIDERATION
January 23, 2024 (Adoption of 2024 City Council Strategic Goals) – Attachment 1 February 27, 2024 (Acceptance of Environmental Commission 2024 Work Plan) – Attachment 2
BACKGROUND
On January 23, 2024, the Los Altos City Council adopted a resolution affirming the City Council’s 5-Year Strategic Goals. Among other goals, the resolution included Goal #3 which is:
Environmental Sustainability, the City of Los Altos will be a leader in environmental sustainability through education, incentives and adaptation initiatives, and practices identified in the City Climate Action and Adaptation Plan.
234
Agenda Item # 11.
On February 27, 2024, the Los Altos City Council conducted a Study Session to meet with individual commissions and discuss each 2024 Commission Work Plan. Among other commissions the Los Altos Environmental Commission presented their 2024 Work Plan proposal which included Project, Goals, and Tasks. The following Work Plan Item was identified by the Environmental Commission and accepted by the Los Altos City Council:
Project: Accelerate Building Electrification (CAAP Item 2.1) Goal: Reduce GHG Emissions coming from residential and commercial buildings.
Tasks: Work with staff to research and develop decarb programs. Assist staff with outreach/education.
ANALYSIS
In March 2024, the Environmental Commission formed a subcommittee made up of three (3) commissioners (B. Delagneau, R. Humayun, and L. Teksler) for Building Electrification. The subcommittee’s overarching task was to work on various ideas for Building Electrification and return to the Environmental Commission to present recommendations for how the City of Los Altos should proceed. On August 14, 2024, the subcommittee presented its recommendations to the Environmental Commission. The following recommendations were presented (Attachment 3):
#1 – Partner with outside third party to accelerate electrification of residences. #2 – Develop a comprehensive citywide educational/outreach plan. #3 – Provide Zoning Incentives for elective Electrification. #4 – Charge an Environmental Fee for the usage of Gas Appliances. #5 – Other Considerations – Reach Codes are no longer enforceable, Recommendation to wait for New California Building Codes in 2025 (CBC 2025) before making additional local regulatory changes such as Reach Codes.
DISCUSSION
Staff support most recommendations made by the Building Electrification Subcommittee and accepted by the Environmental Commission.
Recommendation #1, to partner with an outside third-party vendor to accelerate electrification of residences within the city is advantageous and in line with what other neighboring jurisdictions are doing to electrify such as the City of Mountain View. The Management Analyst II in charge of Sustainability efforts within the city is already engaging potential vendors regarding this topic and obtaining proposals for the desired scope of work.
Recommendation #2, develop a comprehensive citywide educational/outreach plan. As a part of the efforts that will be accomplished by Recommendation #1, the partnership with an outside thirdparty vendor for electrification acceleration includes significant outreach and marketing programing as part of the scope of services. Additionally, the City of Los Altos is close to executing an agreement for the development and deployment of a new city website which will 235
Agenda Item # 11.
accomplish several of the other goals included in Recommendation #2. City staff introduced the idea of tabling at the Los Altos Farmers Market to the Environmental Commission in Summer 2024, and it is planned for this effort to continue as items are necessary for Public Outreach.
Additionally, the Environmental Commission has taken on the stewardship of planning and hosting the Annual EV Fair here at the Civic Center and will further develop their plan on hosting this event.
Recommendation #3, provide zoning incentives for elective electrification, such as increased Floor Area Ratio, and Lot Coverage in exchange for all-electric development. The Assistant City Manager of Land Use does not recommend proceeding with this recommendation currently. The Los Altos City Council has already increased the allowance of floor area ratio and lot coverage for residential development in prior action late last year and yearly this year. Additionally, other policy decisions have been made which require a 2:1 ratio for replacement of trees on private property, taking away the potential lot area for additional square footage.
Recommendation #4, charge and environmental fee for the use of gas appliances within the city, in other words a user fee/tax, or surcharge. After consultation with the City Attorney, not only would this item require a comprehensive Nexus Study and Engineers Report, but it would most likely trigger a vote of the people as it deals with taxation, and user charges. The Assistant City Manager of Land Use does not recommend proceeding with this recommendation.
Recommendation #5, the Environmental Commission acknowledges that Reach Codes adopted in 2022 are not enforceable due to the United States Ninth Circuit Court of Appeals decision in 2023.
With the upcoming California Building Code update the Environmental Commission recommended pausing any further local amendments such as Reach Codes until review of the 2025 California Building Codes. The Assistant City Manager of Land Use agrees with this recommendation as any new modifications or amendments to local building codes would take several months to research, review and deploy which most likely would be preempted by the 2025 CBC.
ATTACHMENTS
1. 2024 – City Council Strategic Goals
2. 2024 – Environmental Commission Work Plan
3. August 14, 2024 – Building Electrification Subcommittee Recommendations 236
Agenda Item # 11.
Resolution No. 2024-xx Page 1
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AFFIRMING THE CITY COUNCIL’S 5-YEAR STRATEGIC GOALS
WHEREAS, the Mission of the City of Los Altos is “to foster and maintain the City of Los Altos as a great place to live and to raise a family;” and WHEREAS, the City Council is committed to providing essential services to the community; and
WHEREAS, on February 23, 2021, the City Council adopted 5-Year Strategic Goals to help maintain Los Altos as the great place it is and on April 26, 2022 and February 21, 2023 the Council reviewed and revised the goals; and
WHEREAS, on January 9, 2024, the City Council reviewed its 5-Year Strategic Goals.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopts the following as its 5-Year Strategic Goals:
The City Council Strategic Goals highlight those areas identified by the Council for emphasis and focus. The City Council will accomplish these goals by engaging the community and making decisions which are equitable, sustainable and fiscally prudent.
The City Council will ensure that appropriate resources are allocated to maintain Los Altos as a great place to live and work, including providing a work culture and environment that supports recruitment and retention of exceptional employees to provide City services and maintenance and improvement of the City’s assets.
1. Business Communities: The City of Los Altos will support the different business communities including implementing specific projects and/or elements of the Housing Element Update and Downtown Vision Plan and launching initiatives to bolster the other business communities.
2. Circulation Safety and Efficiency: The City of Los Altos will continue implementing the City’s policies as expressed in the Complete Streets Master Plan and other plans which support improving circulation safety and efficiencies, with an emphasis on improving Safe Routes to Schools.
3. Environmental Sustainability: The City of Los Altos will be a leader in environmental sustainability through education, incentives and adaptation initiatives, and practices identified in the City’s Climate Action and Adaptation Plan.
4. Housing: The City of Los Altos will implement the Housing Element, programs, and policies to facilitate, incentivize and administer the availability of housing that is safe, diverse and affordable for all income levels to meet the needs of the Community and seek to increase and protect its green space. 237
Agenda Item # 11.
Resolution No. 2024-xx Page 2
5. Neighborhood Safety Infrastructure: The City of Los Altos will conduct a public safety facilities condition assessment on the condition of the police station and the two firehouses and based on the public safety needs of the community, develop a plan to replace, repair and/or rehabilitate the City’s public safety infrastructure.
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 23rd day of January, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, City Clerk
238
Agenda Item # 11.
Environmental Commission
2024 Work Plan
Project Goal Tasks Target Date Assignments Status
Dark Skies/Bird Safety
(CAAP Item 2.1)
Increase residen�al and
commercial building energy
efficiency, reduce light
pollu�on, and protect
wildlife.
Provide staff with guidance on
ligh�ng and bird safety
guidelines/ordinance.
Mid 2024 Hecht, Lu In Progress
Single Use Plas�cs
Ordinance
(CAAP Item 3.1B)
Reduce waste and increase
landfill diversion by
elimina�ng non-essen�al
single-use plas�cs.
Provide staff with guidance on
policy recommenda�ons for the
ordinance and assist with
community outreach.
Mid 2024 TBD In Progress
Accelerate Building
Electrifica�on
(CAAP Item 2.1)
Reduce GHG emissions
coming from residen�al
and commercial buildings.
Work with staff to research and
develop decarb programs. Assist
staff with outreach/educa�on.
Ongoing TBD Not Started
EV Fair
(CAAP Item 1.4A)
Reduce air pollu�on
through educa�on and
awareness of EV resources
and incen�ve programs.
Atend planning mee�ngs, table
at event, provide feedback, and
assist with public outreach.
March 2024
(Yearly Event) TBD In Progress
Adapta�on/Resilience
(CAAP Item 7.1, 7.2,
8.1)
Integrate adapta�on into
emergency preparedness
and response to ensure
public safety during
extreme weather events.
Develop a plan to address
community climate adapta�on
and safety.
Pending
comple�on of
projects #1-3
TBD On Hold
239
Agenda Item # 11.
Recommendation 1
• Partner with outside third party to accelerate electrification of single home residences
• Target start Q1 2025
• Program should go until at least 2027, extendable to 2029 • In line with BAAQMD phase out plan
• Three to four potential partners
• BlocPower, Onsemble, QuitCarbon and Zero Homes (not evaluated) • Request format to be discussed (RFP, RFQ or open call) • RFP or RFQ preferred
240
Agenda Item # 11.
Recommendation 2
• Develop a comprehensive citywide educational/outreach Plan • Action 1: Update/improve and maintain sustainability page • Easier access, links on city home page
• links to partner organizations (SVCE, BayRen, BA communities, Acterra etc) • Action 2: Continue EV fair and add more building electrification booths • Action 3: Have link to sustainability page on planning permit application • Action 4: Develop training platform for city groups such as BAT and Resilient Los Altos • Action 5: Create a series of lectures/town halls on the benefits of electrification • Four per year over two years (to be extended as needed) • HVAC heatpumps, HPWH, Solar and batteries, Induction cooktops • Action 6: Add building electrification booth at farmers’ market • Action 7: Advertising/articles in Town Crier (can be in conjunction with 2 and 5) 241
Agenda Item # 11.
Recommendation 3
• Add building incentives for all electric new homes or remodels/additions • Can be done at the planning stage
• Example of incentives:
• Increase lot coverage (5%)
• Increase FAR
• Priority review timeline
• Have incentives for new HVACHP, solar inverters and battery equipment • Lower setbacks to 4 feet (in line with SB9 and ADU guidelines) • Consider lowering further (3 feet) for equipment with an average noise level below 60db
242
Agenda Item # 11.
Recommendation 4
• Gas appliances are an environmental and health hazard • Emission of nitrogen oxide, carbon monoxide and formaldehyde in homes • Increased risks of asthma in children, acute respiratory episodes in seniors with COPD, and chronic pulmonary insufficiency
• Emission of CO2 and methane outside
• Contributes to climate change
• Emission of harmful pollutants has a societal cost
• Individuals installing new gas appliances should contribute to the city’s effort to make the town cleaner, healthier and safer for all
• We propose that the city charges an environmental fee for each new gas appliance
• Up to an equivalent of 10% of the install cost
• Proceeds to go into an environmental fund to finance CAAP actions 243
Agenda Item # 11.
Other considerations
• Reach Codes:
• 2023 reach codes not enforced due to 9th district court ruling • BAAQMD still planning to enforce regulations 9-4 (gas fired furnaces) and 9-6 (gas fired boilers and water heaters)
• Emissions rule (NOx)
• Would ban GWH after 2027
• Would ban gas furnaces after 2029, Large gas furnaces banned after 2031 • Preference for using emissions-based ordinance similar to Los Altos Hills (NOx) or New York City (GHG) ordinance
• One-margin or flex-path options not optimal
• Still mix energy buildings with no option for 0 emission homes • Recommendation is to wait for new California building codes in 2025 before making a decision
244
Agenda Item # 11.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: September 10, 2024
TO: City Council
FROM: Anthony Carnesecca, Assistant to the City Manager SUBJECT: UPDATE ON RFP FOR COMMUNITY ENGAGEMENT AND DESIGN
SERVICES FOR DOWNTOWN PARK WITH UNDERGROUND
PARKING
The City of Los Altos is preparing to issue a Request for Proposals for Community Engagement and Design Services for a downtown park with underground parking. It should be released in the coming weeks with a close date near the end of October and will return to City Council after responses have been reviewed for a recommendation and Council consideration.
As presented previously, City staff completed an initial site analysis and identified Plaza #1 and Plaza #2 as the preferred location for the downtown park with underground parking. City Council directed staff to move the project forward at Plazas #1 and #2 with community engagement and conceptual design as part of their strategic priorities for the 2024 calendar year and allocated funds in the FY24-29 Capital Improvement and Major Maintenance Budget focused on community engagement and design services for the project.
City staff has prepared an RFP that will have a consultant conduct community engagement on potential design amenities, investigate existing conditions, and garner consensus on the project before returning to City Council with a budget, program, and style for the project moving forward.
The RFP will not be a public record until the contract is deemed final.
The consultant will then refine aspects of the project into three feasible conceptual design alternatives, cost estimates and funding sources for the alternatives and provide a final update to City Council. City Council will then have the opportunity to move forward with the preferred design and allocate the appropriated budget to design full bid-ready construction documents. 245
Agenda Item # 12.
PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Amend ADU Ordinance
based upon HCD's letter 6 months or less COMPLETED
Program 6.G: Housing mobility
Allow more than one
JADU (at least two per
site)
with ADU Ordinance
Update COMPLETED
Program 3.H: Amend design review process and
requirements.
Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.
Dismiss Design Review
Commission February 28, 2023 COMPLETED
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys.
Budget & Hire Housing
Manager March 31, 2023 COMPLETED
Program 4.J: Facilitate alternate modes of transportation for Adopt VMT Policy & June 30, 2023 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
RFP-Permit Ready ADU
Plans July 31, 2023 COMPLETED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 IN-PROGRESS Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 COMPLETED Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 COMPLETED Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023
Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 ONGOING Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 COMPLETED Program 2.F: Water and Sewer Service Providers. December 31, 2023 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 COMPLETED 246
Agenda Item # 13.
Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED Program 3.K: Standardize multimodal transportation
requirements.
Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.
Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources. Prepare Inventory. December 31, 2023 Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 COMPLETED Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024 COMPLETED
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 COMPLETED Program 3.I: Allow residential care facilities consistent with State law. January 31, 2024 COMPLETED
Program 3.J: Explicitly allow manufactured homes consistent with State law. January 31, 2024 COMPLETED
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 COMPLETED
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. January 31, 2024 COMPLETED 247
Agenda Item # 13.
Program 1.C: Allow housing in the Office Administrative (OA) District. January 31, 2024 COMPLETED
Program 1.E: Update the Loyola Corners Specific Plan. January 31, 2024 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Adopt-Permit Ready ADU
Plans December 31, 2024 IN-PROGRESS
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. Downtown Parking Plan December 31, 2024 IN-PROGRESS Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements.
Comprehensive Parking
Ordinance Update December 31, 2024 COMPLETED
Program 3.B: Modify building height in mixed-use zoning districts.
Commercial
Neighborhood (CN)
District December 31, 2024 COMPLETED
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 COMPLETED
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024 COMPLETED
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 COMPLETED Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025
Program 1.F: Rezone Village Court parcel. January 31, 2024 COMPLETED Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 248
Agenda Item # 13.
Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 COMPLETED Program 4.J: Facilitate alternate modes of transportation for residents.
Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing
Program 1.L: General Plan amendments. Ongoing
Program 1.M: SB 9 implementation. Ongoing
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually ONGOING Program 4.A: Support efforts to fund homeless services. Ongoing Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing
Program 5.A: Monitor condominium conversions. Ongoing
249
Agenda Item # 13.
Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing
Program 5.D: Implement voluntary code inspection program. Ongoing Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources.
Inform, Evaluate
Apply/Submit Ongoing
Program 6.F: Affirmatively market physically accessible units. Ongoing Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing
Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing 250
Agenda Item # 13.
City of Los Altos 2024 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.
Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.
SEPTEMBER 24, 2024
SPECIAL MEETING:
Conduct Interview Sessions for the 2024 Commission Recruitment Period Appointment of Commissioners
REGULAR MEETING:
Hold a Public Hearing to Review Draft Maps for District-Based Elections (Public Hearing #4) OCTOBER 8, 2024
PUBLIC HEARING:
Hold a Public Hearing to Adopt Final Maps for District-Based Elections (Public Hearing #5) DISCUSSION:
Discuss and Provide Report for a Community Center Café Remaining 2024 City Council agenda calendar items are pending and will be published at a later date. 251
Agenda Item # 13.