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Agenda packet, regular meeting

Los Altos Hills City Council
May 16, 2024

Document
Agenda packet, regular meeting
Meeting
May 16, 2024
Body
Los Altos Hills City Council
Pages
374
Original file
40.3 MB
Text extracted from the city's file for reading and search. Open the original on losaltoshillsca.api.civicclerk.com. That file is the official record.

Water Quality Certification and Order Place ID 815145
Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904

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located or conducted, or where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; (3) inspect any facilities, equipment, practices, or operations regulated or required under this Order; and (4) sample or monitor for the purposes of assuring Order compliance;
Rationale: This condition is necessary to assist in scheduling compliance inspections and to ensure compliance with the permit and applicable conditions (CWC section 13267).

23. Certification and Order at Site. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project.

Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors;
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC sections 13170 and 13245).

24. Ownership Change Notification. The Permittee shall provide a signed and dated notification to the Water Board of any change in ownership or interest in ownership of the Project area at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Water Board to be named as the permittee in an amended order. Until this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order;
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13264).

25. Water Quality Violations Notification. The Permittee shall notify the Water Board of any event causing a violation of compliance with water quality standards as soon as practicable (ideally within 24 hours).

Notification may be via telephone, email, delivered written notice, or other verifiable means.

Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13385 and 13267).

26. Discharge Change Notification. In accordance with CWC section 13260, the Permittee shall file with the Water Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Executive Officer at least 30 days in advance of the proposed implementation of any change. This shall

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Water Quality Certification and Order Place ID 815145
Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904

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include, but not be limited to, all significant new soil disturbances, all proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be impacted;
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13264). 27. Individual Waste Discharge Requirements. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to 23 CCR section 3857;

28. Expiration. This Order shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project;

6.7 Standard Conditions

29. Certification and Order Modification. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC section 13330 and 23 CCR section 3867;

30. Hydroelectric Facilities. This Order does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought;

31. Application Fee. This Certification and Order is conditioned upon full payment of the required fee, including annual fees, as set forth in 23 CCR section 3833. The Project’s [$2,066 required fee was calculated from the Project’s status as a Category A – Fill & Excavation Discharges Project, with an impact area of 0.099 acres in the 2020/2021 Water Quality Certification Dredge and Fill Application Fee Calculator, which was the appropriate Dredge and Fill Calculator on the date the application was received. The Water Board received payment in full on September 9, 2021.

6.8 Annual Fees

32. Annual Fee Invoice. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 – June 30) until Project construction activities are completed and

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Water Quality Certification and Order Place ID 815145
Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904

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an acceptable Notice of Project Construction Completion is received by the Water Board (See Condition 15). In addition, an annual fee shall be paid to the Water Board until all required monitoring reports have been submitted (See Condition 20) and an acceptable Notice of Mitigation Monitoring Completion is received by the Water Board. Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board at Project and/or mitigation completion with a final report to request to terminate annual invoicing. Notification shall reference NOT_400884_Matadero Creek Bank Stabilization and should be sent to the staff listed at the bottom of this Order and to RB2- [email protected]. Water Board staff will verify conditions of the Certification have been met and may request a site visit at that time to confirm the Project’s status and compliance with this Certification (Note:

The Annual Fee may be changed by the State Water Board; at the time of Certification it was $2,297 per year).

Rationale: Conditions 29 through 31 are standard conditions that “shall be included as conditions of all water quality certification actions” (23 CCR Section 3860(a)).

In addition to the information noted above, Conditions 1-10 and 16-21 are individually required to ensure compliance with narrative water quality objectives in the Basin Plan, the state anti-degradation policy (State Water Board Resolution No. 68-16), the California Wetlands Conservation Policy (Executive Order W-59-93, Basin Plan Chs. 4 and 5), and Regional Water Board policies for the protection of wetlands and waters (Basin Plan Ch. 4, including Ch. 4.23).

The conditions above are individually authorized as noted above and by 23 CCR Sections 3838 and 3859 and CWC Div. 7, Ch. 4, Article 4, Waste Discharge Requirements.

This Order applies to the Project as proposed in the application materials and designs referenced above in the conditions of Certification. Be advised that failure to implement the Project in conformance with this Order is a violation of this Certification. Any violation of Certification conditions is a violation of State law and subject to administrative civil liability pursuant to CWC section 13350. Failure to meet any condition of this Certification may subject the Permittee to civil liability imposed by the Water Board to a maximum of $10,000 per day of violation or $10 for each gallon of waste discharged in violation of this action. Any requirement for a report made as a condition to this Certification (e.g., conditions 11, 12, 14, 15, 20, 21, 24, 25, 26, and 32) is a formal requirement pursuant to CWC section 13267, and failure or refusal to provide, or falsification of such required report, is subject to civil liability as described in CWC section 13268. The burden, including costs, of these reports bears a reasonable relationship to the need for the report and the benefits to be obtained. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements.

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Page | 11

EXHIBIT C
MMP

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6 Matadero Creek Restoration and Bank Stabilization Johnson Marigot Consulting, LLC Mitigation and Monitoring Plan January 2023

4.0 Site Protection Instrument
The State Procedures require a description of the legal arrangements and instrument, including site ownership, that will be used to ensure the long-term protection of the compensatory mitigation project site. Site protection is described for each of the mitigation sites below.

4.1 On-Site Creation
The on-site property is currently owned fee title by the California Department of Transportation (Caltrans), and the applicant maintains the property under agreement with Caltrans. The applicant met with Caltrans to discuss whether it was possible for them to restrict use of their property with a conservation easement or deed restriction to preserve aquatic resource values, and Caltrans determined that it was not possible to restrict their property for this purpose. However, Caltrans stated that they have no plans to use the property as part of any future improvements associated with the Page Mill Road I-280 interchange, and it is assumed that any improvements made to this property would be permanently maintained by the applicant. Furthermore, as the site constitutes a water of the U.S./State and a CDFW-jurisdictional stream, any impacts to the resource would trigger additional permitting and mitigation requirements.

4.2 Off-Site Enhancement
The off-site enhancement area is located on the Byrne Reserve which is owned by the applicant and deed restricted through The Nature Conservancy (Appendix C). The Nature Conservancy sold the Byrne Reserve to the applicant in 1968. The deed includes a clause (Exhibit B) that requires the property to be held in trust for park and open space purposes and only allows for uses of the property that are consistent with these purposes.

4.3 Off-Site Preservation
The off-site preservation mitigation area is owned by the applicant, and they are proposing to place deed restrictions over the two parcels to ensure their preservation as open space. The applicant will work with the RWQCB and CDFW to finalize the text of the deed restrictions prior to initiating construction. The deed restrictions will include provisions to ensure that the parcels are preserved in perpetuity for riparian and stream habitat values and will prohibit activities that are inconsistent with maintaining these habitat values. Should the property owner(s) wish to terminate the deed restrictions or modify the deed restrictions in any way that would compromise habitat values, an agreement would first have to reached with the regulatory agencies for the provision of alternate mitigation.

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1 Arika Miller
From: Jitze Couperus < >
Sent: Monday, May 13, 2024 1:26 AM
To: Kavita Tankha; George Tyson; Linda Swan; Lisa Schmidt; Stanley Mok Cc: Peter Pirnejad; Arika Miller; Bradley Evanson
Subject: Erosion of Matadero Creek - Agenda Item 7B at next Council Meeting Attachments: Matadero_Erosion.jpg
Dear Mayor and Members of City Council
At your Council Meeting next Thursday May 16th, on the Agenda is Item 7B which has the Title “RESOLUTION

APPROVING THE PLANS AND SPECIFICATIONS FOR THE MATADERO CREEK RESTORATION AND BANK STABILIZATION PROJECT”
This email is to ask (implore) you to pass this resolution so that we can move on the next steps and to finally bring completion to this project within the next few years.

You may or may not be aware of its importance to our town since the title might lead you to infer that it is primarily a matter of fixing erosion in a creek somewhere. But there is much more to it than that. It is also a long-standing (some 13 years!) serious threat to road safety on one of the major thoroughfares in our town. It has not caused a fatality yet (to my knowledge), but I have personally witnessed the aftermath of three serious accidents over the intervening years, and been involved in innumerable other “narrow escapes”.

Besides this there is the testimony of many more near misses that I didn’t actually participate in, but were documented by the fresh black skid-marks evident on the road surface.

The background in a nutshell – many years ago (in 2011), the creek was discovered to have eroded its banks all the way to the edge of Page Mill Road - to the extent that there was barely any roadway remaining between the edge of the black-top and a 15 ft vertical drop into the eroded creek-bed. I reported this to the Sheriff who promptly called in the CHP, who immediately blocked off that lane. (See attached pictures which I took at that time) This single-lane blockage lasted a few days until “temporary emergency repairs” could be performed.

This involved sinking some piers into the roadway and erecting some concrete safety bollards along the edge of Page Mill up to where the creek goes under the road at the bridge.

And that is where – for thirteen years - the more serious (significant risk of fatality) problem lies – in this “temporary” narrowing of one of the major arteries in our town. You are not being asked to vote just on fixing some creek erosion, but also on the more urgent and life-threatening associated problem of the “temporary” roadway constriction.

The above background is just a brief sketch of the situation. If you would like to see further detail, I have accumulated a web-page with more pictures, maps, and discussion, whose purpose was to brief successive generations of new incoming staff over the years. These materials can be seen at http://www.couperus.org/PageMill if you would like to see more detail.

Item 7D, Supplement 1

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2 I hope I have persuaded you about the importance of a positive vote on this agenda item - so that this project is not delayed any more than is necessary.

Jitze Couperus

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1 Arika Miller
From: jim basiji
Sent: Monday, May 13, 2024 9:17 AM
To: Jitze Couperus
Cc: Anne S Kiremidjian; Arika Miller; Bradley Evanson; George Tyson; J Logan; Jennifer Basiji; Kavita Tankha; Linda Swan; Lisa Schmidt; Peter Pirnejad; Roger Spreen; Stanley Mok Subject: Re: Erosion of Matadero Creek - Agenda Item 7B at next Council Meeting Dear all,
As residents of the Lower Page Mill Road, my wife and I travel through this very section of Page Mill Road that Jitze Couperus has so ably documented below multiple times per day. And, we have been aware of the incidences that he has referred to. More importantly, Page Mill Road is a designated emergency evacuation route for the town. As such, it needs to be robust and bottleneck free. I respectfully urge you to finally address this nasty and long standing problem in its entirety.

Best regards
Jim and Jennifer Basiji
On Mon, May 13, 2024 at 1:26 AM Jitze Couperus wrote:

Dear Mayor and Members of City Council
At your Council Meeting next Thursday May 16th, on the Agenda is Item 7B which has the Title “RESOLUTION

APPROVING THE PLANS AND SPECIFICATIONS FOR THE MATADERO CREEK RESTORATION AND BANK STABILIZATION PROJECT”
This email is to ask (implore) you to pass this resolution so that we can move on the next steps and to finally bring completion to this project within the next few years.

You may or may not be aware of its importance to our town since the title might lead you to infer that it is primarily a matter of fixing erosion in a creek somewhere. But there is much more to it than that. It is also a long-standing (some 13 years!) serious threat to road safety on one of the major thoroughfares in our town.

It has not caused a fatality yet (to my knowledge), but I have personally witnessed the aftermath of three serious accidents over the intervening years, and been involved in innumerable other “narrow escapes”.

Besides this there is the testimony of many more near misses that I didn’t actually participate in, but were documented by the fresh black skid-marks evident on the road surface.

Item 7D, Supplement 2

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2 And that is where – for thirteen years - the more serious (significant risk of fatality) problem lies – in this “temporary” narrowing of one of the major arteries in our town. You are not being asked to vote just on fixing some creek erosion, but also on the more urgent and life-threatening associated problem of the “temporary” roadway constriction.

The above background is just a brief sketch of the situation. If you would like to see further detail, I have accumulated a web-page with more pictures, maps, and discussion, whose purpose was to brief successive generations of new incoming staff over the years. These materials can be seen at http://www.couperus.org/PageMill if you would like to see more detail.

I hope I have persuaded you about the importance of a positive vote on this agenda item - so that this project is not delayed any more than is necessary.

Jitze Couperus
The background in a nutshell – many years ago (in 2011), the creek was discovered to have eroded its banks all the way to the edge of Page Mill Road - to the extent that there was barely any roadway remaining between the edge of the black-top and a 15 ft vertical drop into the eroded creek-bed. I reported this to the Sheriff who promptly called in the CHP, who immediately blocked off that lane. (See attached pictures which I took at that time) This single-lane blockage lasted a few days until “temporary emergency repairs” could be performed. This involved sinking some piers into the roadway and erecting some concrete safety bollards along the edge of Page Mill up to where the creek goes under the road at the bridge.

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1 Arika Miller
From: John Dukes
Sent: Monday, May 13, 2024 2:56 PM
To: Jitze Couperus
Cc: Kavita Tankha; George Tyson; Linda Swan; Lisa Schmidt; Stanley Mok; Peter Pirnejad; Arika Miller; Bradley Evanson
Subject: Re: Erosion of Matadero Creek - Agenda Item 7B at next Council Meeting To the Mayor and Council:

Jitze sent me a copy of the note he sent you. I heartily, if not passionately, add my support.

Having had--not infrequent--confrontations at the bridge with cyclists, let me assure you that the risk he describes is not minor. I am delighted that there seems to be movement towards mitigation. (I add that some of the confrontation incidents involved ME on the cycle. ) Thanks indeed for what appears to be genuine progress.

John Dukes
On May 13, 2024, at 1:26 AM, Jitze Couperus wrote:

Dear Mayor and Members of City Council
At your Council Meeting next Thursday May 16th, on the Agenda is Item 7B which has the Title “RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE MATADERO CREEK RESTORATION AND BANK STABILIZATION PROJECT”
This email is to ask (implore) you to pass this resolution so that we can move on the next steps and to finally bring completion to this project within the next few years.

You may or may not be aware of its importance to our town since the title might lead you to infer that it is primarily a matter of fixing erosion in a creek somewhere. But there is much more to it than that. It is also a long-standing (some 13 years!) serious threat to road safety on one of the major thoroughfares in our town. It has not caused a fatality yet (to my knowledge), but I have personally witnessed the aftermath of three serious accidents over the intervening years, and been involved in innumerable other “narrow escapes”. Besides this there is the testimony of many more near misses that I didn’t actually participate in, but were documented by the fresh black skid-marks evident on the road surface.

Item 7D, Supplement 3

Page 141 of 374 ends

2 The background in a nutshell – many years ago (in 2011), the creek was discovered to have eroded its banks all the way to the edge of Page Mill Road - to the extent that there was barely any roadway remaining between the edge of the black-top and a 15 ft vertical drop into the eroded creek-bed. I reported this to the Sheriff who promptly called in the CHP, who immediately blocked off that lane. (See attached pictures which I took at that time) This singlelane blockage lasted a few days until “temporary emergency repairs” could be performed. This involved sinking some piers into the roadway and erecting some concrete safety bollards along the edge of Page Mill up to where the creek goes under the road at the bridge.

And that is where – for thirteen years - the more serious (significant risk of fatality) problem lies – in this “temporary” narrowing of one of the major arteries in our town. You are not being asked to vote just on fixing some creek erosion, but also on the more urgent and lifethreatening associated problem of the “temporary” roadway constriction.

The above background is just a brief sketch of the situation. If you would like to see further detail, I have accumulated a web-page with more pictures, maps, and discussion, whose purpose was to brief successive generations of new incoming staff over the years. These materials can be seen at http://www.couperus.org/PageMill if you would like to see more detail.

I hope I have persuaded you about the importance of a positive vote on this agenda item - so that this project is not delayed any more than is necessary.

Jitze Couperus

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3

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TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE FISCAL YEAR 2024-25 PROJECT LIST

FOR ANNUAL PAVEMENT REHABILITATION AND DRAINAGE
IMPROVEMENT TO BE FUNDED BY STATE SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
FROM: WooJae Kim, PE, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:

That the City Council adopt a resolution (Attachment 1) approving the Fiscal Year (FY) 2024-25 project list for the Annual Pavement Rehabilitation and Drainage Improvement Project to be submitted to the California Transportation Commission (CTC) to be funded by the State Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, Road Maintenance and Rehabilitation Account (RMRA) funding.

BACKGROUND:

SB 1, the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is intended to enable cities and counties to better address significant maintenance, rehabilitation, and safety needs on their local street systems. Maintenance and rehabilitation projects are used to extend the serviceable life of streets.

Built into the Road Repair and Accountability Act are accountability and transparency measures, including a requirement that all projects proposed to receive RMRA funding be approved by the applicable governing body at a regular meeting. To comply, the Town must adopt a resolution with a list of projects for the upcoming fiscal year proposed to receive RMRA funding, including a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The resolution with the project list must be submitted to CTC by July 1 of each year.

DISCUSSION:

Staff has identified a list of project street segments for RMRA funding included as Attachment A to the resolution, which is the project street list for the 2024 Pavement Rehabilitation and Storm Drainage Improvement Project to be approved by Council at the May 16 meeting and subsequently out to bid thereafter. The engineer’s estimate for the entire 2024 Pavement Rehabilitation and Storm Drainage Improvement Project is $1.47 million. Construction is anticipated to start in August 2024.

ITEM 7E

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Staff Report to City Council Page 2
Approving Project List for Senate Bill-1
May 16, 2024
Based on the Local Streets and Roads – Projected FY2024-25 Revenues Report updated on January 12, 2024, the Town has been allocated the following funds:
• $217,612 - Road Maintenance and Rehabilitation Account (RMRA) • $238,154 - Highway Users Tax Account (HUTA)
ENVIRONMENTAL REVIEW:

This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 15301(c) Existing Facilities of the California Environmental Quality ACT (CEQA) guidelines. 2024-25 CITY COUNCIL WORK PLAN:

This action was identified on the 2024 City Council Work Plan under “Protect and Maintain Infrastructure” for the 2024 Pavement and Storm Drainage Improvement to fund construction.

FISCAL IMPACT:

SB 1 RMRA funds supplement the Annual Road Rehabilitation Program with Gas Tax, Vehicle Registration Fee, Drainage In-lieu, Street Encroachment Fees, Measure B, and General Fund. The total annual budget for the project is $1,400,000. The allocation of General Fund varies annually between $400,000 to $600,000 pending amount of other funds for the fiscal year.

ATTACHMENT

1. Resolution with SB1 Local Street and Road Improvement Project List Prepared by: Astha Khanal, Assistant Engineer

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RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE FISCAL YEAR 2024-25 PROJECT LIST FOR ANNUAL

PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT TO BE FUNDED BY STATE SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town, will receive an estimated $217,612 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the seventh year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the Town has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list (Attachment A); and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate streets and roads, and add active transportation infrastructure throughout the Town this year and similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in an “excellent” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and
ITEM 7E ATTACHMENT 1

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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the Town of Los Altos Hills, State of California, as follows:

1. The foregoing recitals are true and correct.

2. Approve the fiscal year 2024-25 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues (Attachment A).

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills as a regular meeting held on 16th of May 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY:

Stanley Mok, Mayor
ATTEST:

Arika Birdsong-Miller, City Clerk

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ATTACHMENT A
Town of Los Altos Hills
SB1 Local Street and Road Improvement Project List
The Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. The FY 2023- 2024 project list below was developed as part of the requirements of Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, which is also providing much of the funding to do the work.

PROJECT LIST PROJECT DESCRIPTION & LOCATION ESTIMATED
BUDGET

ESTIMATED

COMPLETION DATE

ESTIMATED

USEFUL LIFE

1. 2024 Pavement
Rehabilitation and
Storm Drainage
Improvement Project
This is an annual street resurfacing project that includes 1.5” and 2” overlay with digouts, microsurfacing, microsurfacing and digouts, and pavement markings replacement throughout
various streets within Town limits. (See attached exhibit for street names.) The selected streets were determined by the recommendation from the Metropolitan Transportation
Commission’s Pavement Management Program. This project will extend the life span of streets throughout the Town between 5, 15 and 20 years depending of type of rehabilitation method. $1,400,000 October 2024 5-20 years

2. Streets Operations
and Maintenance
Budget
This budget will support the necessary work on Various Street repairs and maintenance throughout town on as needed basis $630,000 June 2024 5-10 years

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ATTACHMENT A
Town of Los Altos Hills
SB1 Local Street and Road Improvement Project List
2024 Pavement Rehabilitation and Drainage Improvement Project Specifications -- Streets List Street From To Length
(Feet)
Area
(Square Feet)
Type of Work
Anacapa Road Viscaino Rd. Ascension Dr. 1,300 32,500 Microsurfacing Edith Road Fremont Rd. 500' N/O
Fremont Rd. 500 16,500 Microsurfacing
Elena Road La Barranca Rd. Vinedo Ln. 5,884 129,448 Microsurfacing Esperanza Drive Concepcion Rd. Esperanza Dr. 2,674 58,828 Microsurfacing Fremont Road Manuella Rd. Miranda Rd. 1,300 35,100 Microsurfacing Kingsley Avenue Altadena Dr. END 838 10,894 2" Overlay w/ Digouts
La Cresta Drive N/A N/A 0 0 AC Dike &
Pathway only
Moody Road Altamont Rd. 570' W/O
Murietta Ln. 5,710 131,330 Microsurfacing
Mora Heights Way Mora Glen Dr. END 480 11,520 2" Overlay w/ Digouts
Page Mill Road Paseo Del Roble Dr. Pase Del Roble
Dr. 38 1,140 2" area grind and 2" Overlay
Purissima Road N/A N/A 0 0 Digouts Only
Stonebrook Drive N/A N/A 0 0 Digouts Only
Taaffe Road Dezahara Wy. (S) Altamont Rd. 370 7,400 2" Overlay w/ Digouts
Twin Oaks Court Arastradero Rd. END 125 2,750 Microsurfacing Viscaino Road** Purissima Rd. Concepcion Rd. 3,456 79,488 Microsurfacing w/ Digouts
Weston Drive Fremont Rd. END 891 20,493 Microsurfacing
w/ Digouts
TOTAL 23,566
TOTAL MILES 4.5

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TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR 2024 PAVEMENT REHABILITATION AND DRAINAGE

IMPROVEMENT PROJECT AND AUTHORIZING STAFF TO

ADVERTISE FOR FORMAL BID
FROM: WooJae Kim, Public Works Director
John Chau, Associate Engineer
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a resolution (Attachment 1) approving t h e Plans and Specifications for t h e 2024 Pavement Rehabilitation and Drainage Improvement Project and authorize staff to advertise the project for a formal bid.

BACKGROUND:

As adopted in the FY2023-24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan, the Annual Road Rehabilitation Program is an ongoing capital program for maintenance and improvements to Town streets for safety and functionality. The annual Pavement Rehabilitation and Drainage Improvement Projects are funded through this capital program. Funding sources for the annual program include State Gas Tax, Senate Bill 1 (Road Repair and Accountability Act of 2017) Funds, Vehicle Registration Fees, Drainage In-lieu Fees, Street Encroachment Fees, Measure B (Local Streets and Roads) Fund, and General Fund.

The annual pavement rehabilitation projects involve various types of operations including street resurfacing or microsurfacing with the intent to extend the pavement service life and prevent the need for more costly reconstruction of streets. Street resurfacing typically involves spreading two-inch layer of asphalt over the existing surface every 15 to 20 years. Microsurfacing involves applying a thin coat of liquid asphalt and fine aggregate mixture to the surface at approximately five-to-eight-year intervals while the structural integrity of the street is intact. For either method, localized failures of the existing pavement surface are repaired prior to spreading asphalt or microsurfacing. Streets are selected each year based on condition, maintenance history, and timing of other improvements such as underground utility installation.

ITEM 7F Staff Report

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Staff Report to City Council Page 2
2024 Pavement Rehabilitation and Drainage Improvement
May 16, 2024
DISCUSSION:

Approximately 4.5 miles of road pavement are included for this year’s pavement rehabilitation and drainage improvement project. Below is the list of street segments and type of treatment for each street.

Street From To Length
(Feet) Type of Work
Anacapa Drive Viscaino Road Ascension Drive 1,300 Microsurfacing with Cracks seal and Digouts
Edith Avenue Fremont Road Town Limit 500 Microsurfacing with Cracks seal Elena Road La Barranca Road Vinedo Lane 5,884 Microsurfacing with Cracks seal and Digouts
Esperanza Drive Concepcion Road Esperanza Drive 2,674 Microsurfacing with Cracks seal and Digouts
Fremont Road Manuella Road Miranda Road 1,300 Microsurfacing with Cracks seal Kingsley Avenue Altadena Drive End 838 2" AC Overlay and Digouts Mora Heights
Way Mora Glen Drive End 480 2" AC Overlay and Digouts
La Cresta Drive Nina Place Viscaino Road N/A AC Dike Remove and Replace Moody Road Altamont Road Murietta Lane 5,710 Microsurfacing with Cracks seal and Digouts
Page Mill Road Paseo Del Roble
Drive
14975 Page Mill
Road 38 2" Area Grind and 2" AC Plug
Purissima Road Concepcion Road Robleda Road N/A 6" Digouts (localized repairs) Stonebrook
Drive Kate Drive Oak Knoll Circle N/A 6" Digouts (localized repairs) Taaffe Road Dezahara Way Altamont Road 370 2" AC Overlay and Digouts Twin Oaks Court Arastradero Road End 125 Microsurfacing with Cracks seal Viscaino Road Concepcion Road Purissima Road 3,456 Microsurfacing with Cracks seal and Digouts
Weston Drive Fremont Road End 891 Microsurfacing with Cracks seal and Digouts

Total 23,566

4.5 Miles
Staff prepared the Plans, Specifications, and cost estimates for the project in-house. Staff is recommending that the City Council approve the Plans and Specifications, available on the Town’s website (https://www.losaltoshills.ca.gov/579/City-Council-Meeting-Documents), and authorize staff to advertise the project for a formal bid. Once authorized by Council, a Notice to Bidders will be published in the Los Altos Town Crier and posted on the Town's website. Staff will also send the Notice to Bidders to Builders Exchanges, covering

Page 151 of 374 ends

Staff Report to City Council Page 3
2024 Pavement Rehabilitation and Drainage Improvement
May 16, 2024
Alameda County, Santa Clara County, Contra Costa County, the Peninsula Area, and the San Francisco Bay Area. Staff will also reach out to qualified contractors via telephone calls and emails to notify them of the project for bid.

Once bids are received, staff plans to return to Council for an award of the construction contract to the lowest responsible bidder. The following tentative schedule has been developed for the project:

Bids Open June 20, 2024
Council Award Construction Contract July 18, 2024
Begin Construction August 2024
Complete Construction October 2024
2024-25 CITY COUNCIL WORK PLAN:

This action is identified on the 2024 City Council Work Plan under “Protect and Maintain Infrastructure” Priority for the Annual Pavement Rehabilitation and Drainage Improvement.

ENVIRONMENTAL REVIEW
This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 15301(c) Existing facilities of the California Environmental Quality ACT (CEQA) guidelines.

FISCAL IMPACT
With carryover funds from the previous fiscal year, the FY2024-25 budget for the Annual Road Rehabilitation Program is approximately $1,478,485. The total estimated construction cost for the 2024 Pavement Rehabilitation and Drainage Improvement Project is $1,470,000 as shown below:

Construction Contract $1,300,000
Testing & Inspection Services $ 80,000
Project Contingency $ 90,000
Total Estimated Construction Cost $1,470,000
There are sufficient funds for the project in the capital program, and no additional appropriation is needed for this project.

ATTACHMENT

1. Resolution

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RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS TO APPROVE THE PLANS AND SPECIFICATIONS FOR 2024

PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT

PROJECT AND AUTHORIZE ADVERTISEMENT FOR FORMAL BID
WHEREAS, the Public Works Director of the Town of Los Altos Hills recommends that the project plans and specifications for the 2024 Pavement Rehabilitation and Drainage Improvement Project be approved by Council; and WHEREAS, the Public Works Director recommends that the City Council authorize staff to advertise the project for formal bid.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:

1. The Plans and Specifications for the project as described in the staff report to the City Council for the agenda item are hereby approved.

2. The Public Works Department is authorized to advertise the 2024 Pavement Rehabilitation and Drainage Improvement Project for a formal bid.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of May 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: ______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
ITEM 7F ATTACHMENT 1

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Staff Report to City Council Page 2
Easement Vacation – 13334 La Cresta Drive
May 16, 2024
and Comcast with no objections (Attachment 5). Staff has determined that these PUE’s located at 13334 La Cresta Drive are no longer necessary for future public purposes.

ENVIRONMENTAL REVIEW:

This action, the summary vacation of the public service easement, is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Title 14, Section 15305, as a minor alteration in land use limitations. 2024-25 CITY COUNCIL WORK PLAN:

This action was not identified on the 2024-2025 City Council Work Plan but is consistent with staff’s day-to-day operational duties.

FISCAL IMPACT:

There is no Fiscal Impact.

ATTACHMENTS:

1. Resolution

2. Tract Map No. 1848

3. Legal Description for Summary Vacation and Plat Map (Exhibits A and B)

4. California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333

5. Consent from Utility Companies for the vacation of sanitary sewer and public utility easements.

Report Prepared By: Melissa Elian, Assistant Engineer

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RESOLUTION NO. ___________

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS

HILLS APPROVING SUMMARY VACATION OF PUBLIC UTILITY AND
SANITARY SEWER EASEMENTS AT 13334 LA CRESTA DRIVE
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easement Vacation Law, commencing with Streets and Highway Code Section 8330, provides for summary vacation of streets and public service easements; and
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the legislative body of a local agency to summarily vacate public service utilities easements when the easements are no longer needed; and
WHEREAS, staff evaluated that there are no existing and future utility needs for the easements described in Exhibits A and B located within the property of 13334 La Cresta Drive; and
WHEREAS, the City Council intends to summarily vacate the sanitary sewer and public utility easements as described in Exhibits A and B.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:

1. This vacation is made under the authority of California Streets and Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq. a. The sanitary sewer and public utility easements located within the property of 13334 La Cresta Drive (as described herein on Exhibits A and B) have not been used for the purpose for which they were dedicated for at least consecutive five (5) years; and
b. No other public facilities located within the portion of the above mentioned sanitary sewer and public utility easements; and
c. The sanitary sewer and public utility easements within the property of 13334 La Cresta Drive will not be needed in the future.

2. Based upon the findings made above of this Resolution and the provisions of the Section 8333 of the Streets and Highways Code, the City Council does hereby order that the sanitary sewer and public utility easements within the property lines of 13334 La Cresta Drive as described on Exhibits A and B shall and hereby be summarily vacated.

3. The City Clerk is hereby directed and authorized to certify and record this Resolution, including the Exhibits attached hereto, at the Santa Clara County, Office of the Recorder.

4. The public service easements for sanitary sewer and public utilities as described on Exhibits A and B within the property lines of 13334 La Cresta Drive will no longer ITEM 7G ATTACHMENT 1

Page 156 of 374 ends

constitute as sanitary sewer and public utility easements from and after the date of recordation of the documents identified in this Resolution.

5. The City Council finds that the summary vacation of the public service easement is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Title 14, Section 15305, as a minor alteration in land use limitations.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16
th day of May 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY:

Stanley Mok, Mayor
ATTEST:

Arika Miller, City Clerk

Page 157 of 374 ends

ITEM 7G ATTACHMENT 2

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Release

RECORDING REQUESTED BY

TOWN OF LOS ALTOS HILLS
WHEN RECORDED MAIL COPY TO:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUMMARY VACATION OF PUBLIC UTILITY EASEMENT
13334 La Cresta Drive
APN 175-42-0006
Los Altos Hills, CA 94022
Dated:
____________________________________
Peter Pirnejad, City Manager
Town of Los Altos Hills
A notary public or other 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.

State of ___________________________
County of ___________________________
On ______________ 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 and official seal.

Signature: _______________________________
Name: ___________________________________
(Typed or Printed) (Seal)
ITEM 7G Attachment 3

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PC#3
CSG: SH / DR
2024.04.09

NO COMMENTS

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CALIFORNIA STREETS AND HIGHWAYS CODE – DIVISION 9, PART 3, CHAPTER 4, SECTION 8333
The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

Ca. Sts. and High. Code § 8333
Amended by Stats 2015 ch 269 (SB 184),s 35, eff. 1/1/2016.Amended by Stats 2006 ch 311 (SB 1586),s 3, eff. 1/1/2007.

ITEM 7G Attachment 4

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AT&T
870 N. McCarthy Boulevard, Rm. 110
Milpitas, CA. 95035
February 8, 2022
Oscar Antillon
Public Works Director
Town of Los Altos Hills - Engineering
26379 Fremont Road, Los Altos Hills, CA 94022
Subject: REQUEST FOR UTILITY APPROVAL OF THE VACATION OF:

A portion of a Public Utility Easement, and a Sanitary Sewer Easement located at the eastern and southern property line of 13334 la Cresta Drive Los Altos Hills, Santa Clara County, California. APN 175-42-006.

This is in response to your email dated December 29, 2021 to AT&T (copy enclosed) requesting AT&T to review and approve the abandonment of AT&T’s interest in the mentioned easement.

Please be advised that AT&T Right of Way and Engineering departments have reviewed your request, and determined that AT&T does not require interest in or the need for said easement. Therefore AT&T relinquishes any and all interest in said easement.

If you have any questions or concerns please contact me directly.

Sincerely,
Bruno Czech
AT&T PWC/ROW Manager
T. 408-635.8881
[email protected]
Enclosed; 5
ITEM 7G Attachment 5

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1776 TECHNOLOGY DRIVE, SAN JOSE, CA 95110
408-452-9300 MAIN 408-837-7550 FACSIMILE
WWW.TSCIVIL.COM
Job No. 21-279
Date: January 18, 2022
Bruno Czech
AT&T Right of Way Manager & PWC
870 N McCarthy Blvd, Suite 100
Milpitas, CA 95035
Subject: REQUEST FOR UTILITY APPROVAL OF THE VACATION OF:

A portion of a Public Utility Easement, and a Sanitary Sewer Easement located at the eastern and southern property line of 13334 la Cresta Drive Los Altos Hills, Santa Clara County, California. APN 175-42-006.

Dear Mr. Czech:

As the owner’s agent of the property located at 13334 la Cresta Drive Los Altos Hills, we are applying to the Town of Los Altos Hills for the vacation of an unused Sanitary Sewer Easement which overlaps a Public Utility Easement. One of the requirements of the Town’s application is the consent of your company to vacate, or vacate with the retention of an easement which meets your requirements.

Attached for your convenience are copies of the following:
1) Assessor’s Parcel Map for APN (175-42-006)
2) Map highlighting the easements
3) topographic map with aerial
If you have any questions regarding this request, please contact me at the phone number provided below. Enclosed for your convenience is the draft letter to the Town of Los Altos Hills.

Sincerely,

TS/CIVIL ENGINEERING, INC.

Terence J. Szewczyk, P.E. C35527
Principal Engineer

Page 166 of 374 ends

CITY cNGINEl:R'S CeRTIFICIITE
Crocker-AnJlo
National 8ank
I hereb!f certify fhaf I have examined fhe wifhin final map of TRIIC7 No.1848; fhaf fhe subdivision shown fhereon is subsfanfiall!f fhe same as if appeared on fhe fenhlfive map and any approrea' alferafions fhereof; fhaf all prorisions of the Subdivision Map lief and an!/ local ordinance appl/cable af the fime of approval of !he fenfafive map have been complied wifh and that I om safisfied fhaf said map is fechnical/!J correct.

Dafed_f::-_~1__--__5{ /0 !~!: ;?,_fJ!_c~ <---;;~R OF TIIE TOWN OF LOS A£70S 1/lu.S I

APPROVAL OF CITY PLANNING COMMISSION
Approved b11 fhe Cify Planning Commission of fhe Town of Los Alfos Hills of ifs regular meefing held onfhe_3f!! do!f of ~a,,,,,,,~ __ /95/.

R~c1/.f)~
CERTIFIC/171: OF CiTr CLERK
-SECRliiARY OF THECITY'lfi.llNNiNG COMMISSION
OF THE TOWN OF LOS AtiOS il/£LS,
I hereb!f cerfif!J lhaf fhis map, designafed os TRl1CT No. /848 was opproved b!f fhe Cd!f Coundl o~'he Town of Los JI/fas Hills ofa meefing of sq1'tf Council held on fhe 7* da!f of_ Bd•~-r- l95.::(, and fhaf said Council did, cf said meefing1 accepf on behalf fhe public all parcels of fond offered for dedicofio17 for public use in conformif!I wifh the ferms of fhe offer of dedi afion.
/2.~~·
-:rc,rY CU!RI( 11110 EX·OFFICIO CLERK OF THE - - - - -
CITY COUIICIL OF TIIE TOWN OF lOS AlTOS Hill$,
' t.487 AC.
6 1.348AC.

Nor1:s
L!:Gl:ND
• lndicafes monumenf found.
o Indicates ¾"Iron Pipe monumenf sef.

D.f.R. Orain field reserve
"iii'disfances and dimensions are shown in feef and decimals fhereof.

The blue border line indicates fhe boundOr!J of land subdivided bg fhis mop.

COUNTY RECORDER'S CcRTif'ICATE
File No.L.:;...'l.ZJi.5--8- Fee!~-'::'.~""-- 1~,tJ-1- ttl- . tlccepfed for record flnd recorded m 8ook :z.r:;__of Maps of PagesL._ m fhe office of fhe Counf11 Recorder of fhe Counfg of Sonfa Clara, California, fhis{(p__ dayof~et'J-fi..X_ 195.7, af!f:.·11,.eu. 5YL C. TULLY, Counfy Recorder.

By _~_,{j_,._(?_~
DEPUTY
811s1s OF Bel/RINGS
The beoring, N.2l'JO'W., of Fremon! Avenue as shown on fhaf cerfain mop enfif/ea'"M&.!rf Taaffe Subdivision of Lof 4 of fhe Taaffe Partition in the Rancho Lo Purissima Concepcion;' and recorded in Book E of Maps af pages 118 ona' /19 in fhe office of the Counf!I Recorder of San fa C/tlra Counf!I, California, was token as fhe hasis of heorings shown on fhis map.

CIY/f_ fNGIMEeR's CF:RTIF!CI/Tli
/, Lowrencee.Brian, hereb!f cerfifg fhaf I am fl Regisfered Civil Engineer of fhe stale of California; fhaf fhis map, consisfing of fhree sheets correcfl!J represents a surve!f mode under m!f supervision during Ocfobe,; 1956; fhaf fhe surrey is frue and complefe flS shown; fhaf all monumenfs shown hereon acfuall!f exisf or will be placed in fhe exacf posifions shown upon complefion of fhe sfreef improvemenf work, and fhaf fheir positions are correcfl!J shown and fhaf such monuments are sufficlenf fo enable fhe survey fo be ref raced.

Oafed J/;q#7 ___ _;:__:::_e;;:~~:~e~---- F /- REG.CIYIL ENGIIIEER .. CffP.7. N0.5597 OwNEB's CeR11r1cAre
We hereh!f cerfifg fhaf we are fhe owners of, or have some ri9hf, tif!e or inferesf in and to fhe real properf!J included wifhin the subdivision shown on this mop; fhaf we are fhe only persons whose consent is necessary fo pass a clear title lo said real properf!J and we hereb!J consenf fo fhe making of said map and subdivision as shown wifhin fhe blue border line and we hereby dedicate fo public use all streefs,porfions of sfreefs ona' pothwa!JS as shown on said map wifhin said subdiYision.

We also hereb11 dedicate fo puhlic use easements under, on or over those cerfoin sfrips of land lying between fhe reor lines and/or side lines of /ofs and fhe doffed lines each designafed 'f!tJ.E:' (Public flfilifg Etlsemenf) or 11.f." (.4nchor casemenf) or "S.S.E." (Sanifary Sewer eflsemenf) or ''S.D.E."(Sform Drain Eosemenf) as shown on said map wifhin said subdivision, such sfrips fa he kepf open and free from buildings and sfrucfures of any kind. We also hereby relin9uish and_ d_~dicale tofhepublic all ri9h!s~ of ingress fo or egress from Lois 2 and J f}locx. C, Lots /, 3. 4. 5. 7, t} [)lock. A, Lot I 8lock "G;· over and acras::. fheline of'said /of~ which abut fremonf I/venue and /Jrastradero Road.

CROCkeR-ANGLO·Nl1TlONAL BANK, a national banking a.ssoci'afion. Owner. 811 _ a~~~-----
J z~;Fiwsr- Or'l'/Cl;A

13.'l--~~.de. -~R.ErARY
STATE OF ';[ft&5£ f:ta?<b
J.'tCOUNTY OF ,JH ~
On fhis_LL,. dafl of_ _ ______ _ ./9S.1, oefore m~~ Nofar!J Public in and for· ~- jp }fpte tlnd Counfy, r9jdiJJ,g thpfin, duly commissionedflnd sworn, per~onallj; appearea'U • _\f(.CivV1/~ and £.4_ . ...l:J:1.JC~_nown fo me fo be f~e Trusf Officer qnd Secrel, r!J respecfivelfl' of Crocker-Anglo Nahonal Bank the nahona/ banktnf associafion fhaf execufed fhe wifhin insfrumenf and fhe person:, who executed If 011 hehalf of fhe ossociation. named therein, ond the!J acknowledged to me fhaf such associafion executed the same.

IN WITNESS WHeReoF I hare hereunfo sef my hand and offlxed my official seo/ the day and year in fhis certificate flrsf above wriffen;
AA • • • • A(lOA,41 ,3 , ,, ,.,.Q "'ii commIssIon expire,=-_ --1--- ~ ,, _-fp I
'.1/0TAJYr HOFOR--ri1~
OF,..,0,-, ~rATe OF CIWFORN/1/.

TRACT N0.1848

FREMONT HILLS
UNIT NO. I
PAJ2T or Tl-IE RANCl--/0 LA PUl?ISSlMA CONCEPCION
TOWN OF LOS ALTOS HILLS, CALIFORNIA.

SCALE:t"•IOO' -55!!!!!!!!!5- NOVEMBER,195&.

LAWRENCE G. BRIAN
CIVIL eNGINeeR
/ ~rE~1l--------------------------------------------------------------------------------------~S~H~E!ET!J..I £0F~~!SHti,!E~EQT~S~·

12.

Page 167 of 374 ends

/7
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N
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;

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~
TRACT N0.1848

FREMONT HILLS
UNIT NO. I
PART OF Tl-IE RANCHO LA PURISSIMtl CONCEPCION
TOWN OF LOS ALTOS HILLS, CALIFORNIA.

SCALc:l'•fOO' NOVEMBER, f9S&.

LAWRENCE G. BRIAN

CIVIL ENGINEER
SHEEi 2 OF 5 SHEETS

Page 168 of 374 ends

"' "' 1!
<n
.!:
0 :z
l:R
M. Man
JO. P. ------
. u. e _ _ -----
s. s. e. --------
---------------
H. J f} e Q V
d 0 I I
lo•
l!u_ If
·"$,s
·e-..

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e r
131.0CI<
G
1 11.?ZO AC.

77.8 122.38
8 u r k
2 l.204AC.
h a r d f
TRACT NO. 1848

FREMONT HILLS
UNIT NO. I
PART or: Tl:-IE RANCHO LA PURISSIMA CONC£PCION
TOWN OF LOS ALTOS HILLS, CALIFORNIA.

SCALE:!"•100' -~~~~;-- NOVEMBER, 1956.

LAWRENCE G. BRIAN
CIVIi. ENGINEER
-.
!
I / _, SHEET 3 OF 5 SHEETS
71,,
14

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Page 172 of 374 ends

Pacific Gas and Electric Company
Kevin Wun
Land Management
San Jose, CA 95113
February 14, 2022
Terence J. Szewczyk, P.E C35527
TS/Civil Engineering, INC.

Principal Engineer
1776 Technology Drive
San Jose, CA 95110
Re: REQUEST FOR UTILITY APPROVAL OF THE VACATION OF:

A portion of a Public Utility Easement, and a Sanitary Sewer Easement located at the eastern and southern property line of 13334 la Cresta Drive Los Altos Hills, Santa Clara County, California.

APN 175-42-006.

Dear Terence J. Szewczyk:

Thank you for giving us the opportunity to review the proposed 10’ public utility easement (“PUE”) vacation. This is in response to your letter, date 01/18/2022, informing PG&E of the proposed PUE vacation of 13334 la Cresta Drive in the City of Los Altos Hills, the County of Santa Clara. An investigation indicates that PG&E currently has no utility facilities within the proposed PUE vacation area. Therefore, PG&E has no request or objections to the proposed PUE vacation per the attached map.

If you have any questions regarding our response, please contact me at (408) 568-3561or [email protected].

Sincerely,
Kevin Wun
Land Management

Page 173 of 374 ends

PG&E Gas and Electric Facilities Page 2

Page 174 of 374 ends

Santa Clara Valley Water District | 5750 Almaden Expressway, San Jose, CA 95118-3686 | (408) 265-2600 | www.valleywater.org Clean Water • Healthy Environment • Flood Protection
♺
File: 34634
Barron Creek
February 16, 2022
Mr. Terrence J. Szewczyk
TS/Civil Engineering, Inc.
1776 Technology Drive
San Jose, CA 95110
Subject: Request for Approval of the Vacation of a Public Utility and Sanitary Sewer Easement Located at the Eastern and Southern Property Line of 13334 La Cresta Drive, Los Altos Hills (APN 175-42-006)
Dear Mr. Szewczyk:

Santa Clara Valley Water District (Valley Water) staff has received your request for the approval of the vacation of a public utility and sanitary sewer easement located at the subject site, received on January 18, 2022.

Valley Water has no objections to this vacation request. If you have any questions, please contact me at (408) 630-3157 or [email protected]. Please reference Valley Water File No. 34634 on any future correspondence.

Sincerely,
Kevin Thai, CFM
Associate Engineer
Community Projects Review Unit
cc: Mr. Oscar Antillon, Town of Los Altos Hills ([email protected]) Y. Arroyo, K. Thai, File
DocuSign Envelope ID: C43F88E6-3036-4732-B280-646D06FDB27D

Page 175 of 374 ends

Sent Via E-Mail:

February 22, 2022
Ethan Franklin, C/O homeowner
TS/Civil Engineering, Inc
San Jose, CA 95110
RE: Utility Easement Abandonment Request: 13334 La Cresta Dr, Los Altos Hills, CA 94022. APN# 175-42-006
Dear Mr. Franklin:

Please accept this correspondence in response to your request for Comcast Cable Inc. agreement for the abandonment of an existing Sanity Sewer Easement at the address listed above.

Comcast Construction and Engineering department has reviewed all documentation provided (site plans) and has determined that Comcast facilities will not be impacted by the Easement abandonment and therefore the request is approved.

Any additional questions please feel free to contact me at 415-859-0539.

Regards,
Karl Lorenz
Comcast Cable
Regional Construction Dept.
860 Stanton Rd
Burlingame, CA 94010

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ITEM 7H
TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (LANDS OF THE KURMANN FAMILY TRUST); 13867 ROBLEDA ROAD FROM: Bradley Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the right-of-way dedication at 13867 Robleda Road along the Robleda Road frontage; Lands of The Kurmann Family Trust.

BACKGROUND:

The subject property is a 0.749-acre lot with an average slope of 11.6%. Access to the site is provided by Robleda Road, a public street. The property is gently sloped northeast resulting in a LUF of 0.71 and a maximum development area (MDA) of 10,224 square feet and maximum floor area (MFA) of 5,000 square feet. An application for site development for a new residence was submitted to the Town on December 2, 2022, and approved at Fast Track by the Site Development Committee on May 2, 2023.

DISCUSSION:

The dedication of a right-of-way easement was required as a condition of approval for the residence that was approved by the Site Development Committee on May 2, 2023 (File #SD22- 0086). The right-of-way dedication area, which is 1,200 square feet in size, encompasses a strip of private property along the Robleda Road frontage as shown on Exhibit A of the grant document included in the Resolution (Attachment 1). The right-of-way dedication is required to create a sixty-foot right-of-way in conformance with the Town’s Right-of-Way Policy adopted by the City Council on February 15, 1989, and the General Plan Circulation and Scenic Roadways Element Goal 2 which allows for requiring right-of-way dedications where existing rights-of-way are substandard.

ENVIRONMENTAL REVIEW:

The right-of-way easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
13867 Robleda Road
May 16, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $50.00. Robleda Road is a public street and acceptance of this additional right-of-way easement is not expected to increase funding requirements for maintenance.

CONCLUSION:

The right-of-way easement dedication is consistent with the goals of the Town’s General Plan Circulation and Scenic Roadways Element and the Town’s Right-of-Way Policy. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width for a 60- foot right-of-way is consistent with previoussite development permit approvals. Staff recommends that the Council accept the right-of-way easement agreement granting a right-of-way easement to the Town at 13867 Robleda Road.

ATTACHMENTS

1. Resolution Accepting Dedication of Right-of-Way Easement

2. Dedication of Right-of-Way Easement

3. General Plan Circulation and Scenic Roadways Element Goal 2

4. Right-of-Way Policy
Report prepared by: Jonathan Fox, Associate Planner

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ITEM 7H ATTACHMENT 1

RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT
(LANDS OF THE KURMANN FAMILY TRUST)
WHEREAS, The Kurmann Family Trust (“Owner”) owns the property commonly known as 13867 Robleda Road, Los Altos Hills, California (APN 175-23-048); and WHEREAS, a site development permit (SD22-0086) for a new residence, swimming pool, and detached ADU was approved at a duly noticed Fast Track public hearing of the Site Development Committee on May 2, 2023 with reasonable conditions of approval, including the dedication of additional right-of-way to the Town; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may require and accept right-of-way dedications on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional rights-of-way to the Town attached to this Resolution as Attachment A (“Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Offer of Right-of-Way Easement Dedication is adjacent to an existing public right-of-way and is necessary to create a 30- foot half width for the 60-foot right-of-way and is an asset to the Town and the Owner; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), and does hereby accepts on behalf of the public, and for the purposes herein described, the Offer of Right-of-Way Easement Dedication attached to this Resolution as Exhibit A.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16
th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

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ITEM 7H ATTACHMENT 2

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GOAL 2
Los Altos Hills enjoys its quiet semi-rural roadways and wishes to preserve its current character.

Policy 2.1 Provide adequate space in public right-of-ways to accommodate semirural roadways, pathways, utilities, drainage, and vegetative buffers.

Policy 2.2 Through traffic should remain on non-residential thoroughfares (i.e freeways, expressways, and arterials) to the maximum extent possible.

Policy 2.3 Collectors, neighborhood connectors and local roads shall not be designed or improved to an extent that would encourage through traffic.

Policy 2.4 Cul-de-sacs and loop-type roads shall be encouraged as a means of reducing traffic.

Policy 2.5 The intensity of existing or proposed land uses shall not provide justification for widening roadway pavement widths.

Policy 2.6 New or expanding development that will impact a road, whether private or public, should be required to improve the roadway surface and width to provide for adequate emergency access, and shall repair damage caused by construction.

Policy 2.7 The Town shall pursue cost-effective maintenance of the roadway network. Roadways shall be maintained in a priority order based on traffic levels and cost effectiveness while preventing long-term deterioration.

Policy 2.8 Roadway maintenance should not interfere with pathways or drainage.

Program 2.1 Develop right of way standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities, slopes, and pathways, and to avoid excessive cuts or fills. A general guide for width would be 60 feet, although this will vary depending on conditions. Additional easements for slope or line of sight may be required.

Program 2.2 Identify existing and desirable emergency access connections.

Circulation & Scenic Roadways Element
Los Altos Hills General Plan
Page C- 10
ITEM 7H ATTACHMENT 3

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ITEM 7H ATTACHMENT 4

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ITEM 7I
TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (LANDS OF DCV ENTERPRISE PARTNERS LLC); 26481 PURISSIMA ROAD FROM: Bradley Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the right-of-way dedication at 26481 Purissima Road along the Purissima Road frontage; Lands of DCV Enterprise Partners LLC.

BACKGROUND:

The subject property is a 3.04-acre lot with an average slope of 11.1%. Access to the site is provided by Purissima Road, a public street. The property is gently sloped northeast resulting in a LUF of 2.80 and a maximum development area (MDA) of 39,852 square feet and maximum floor area (MFA) of 16,530 square feet. An application for site development for additions to an existing residence was submitted to the Town on December 5, 2022, and approved at Fast Track by the Site Development Committee on May 11, 2023.

DISCUSSION:

The dedication of a right-of-way easement was required as a condition of approval for the addition/remodel project that was approved by the Site Development Committee on May 11, 2023 (File #SD22-008). The right-of-way dedication area, which is 10,049 square feet in size, encompasses a strip of private property along the Purissima Road frontage as shown on Exhibit A of the grant document included in the Resolution (Attachment 1). The right-of-way dedication is required to create a sixty-foot right-of-way in conformance with the Town’s Right-of-Way Policy adopted by the City Council on February 15, 1989, and the General Plan Circulation and Scenic Roadways Element Goal 2 which allows for requiring right-of-way dedications where existing rights-of-way are substandard.

ENVIRONMENTAL REVIEW:

The right-of-way easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.

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City Council Page 2
26481 Purissima Road
May 16, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $50.00. Purissima Road is a public street and acceptance of this additional right-of-way easement is not expected to increase funding requirements for maintenance.

CONCLUSION:

The right-of-way easement dedication is consistent with the goals of the Town’s General Plan Circulation and Scenic Roadways Element and the Town’s Right-of-Way Policy. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width for a 60- foot right-of-way is consistent with previoussite development permit approvals. Staff recommends that the Council accept the right-of-way easement agreement granting a right-of-way easement to the Town at 26481 Purissima Road.

ATTACHMENTS

1. Resolution Accepting Dedication of Right-of-Way Easement

2. Dedication of Right-of-Way Easement

3. General Plan Circulation and Scenic Roadways Element Goal 2

4. Right-of-Way Policy
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT
(LANDS OF DCV ENTERPRISE PARTNERS LLC)
WHEREAS, DCV Enterprise Partners, LLC (“Owner”) owns the property commonly known as 26481 Purissima Road, Los Altos Hills, California (APN 175-47-003); and WHEREAS, site development permit (SD22-0087) for additions to an existing residence was approved at duly noticed Fast Track public hearing of the Site Development Committee on May 11, 2023 with reasonable conditions of approval, including the dedication of additional right-of-way to the Town; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may require and accept right-of-way dedications on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional rights-of-way to the Town attached to this Resolution as Attachment A (“Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Offer of Right-of-Way Easement Dedication is adjacent to an existing public right-of-way and is necessary to create a 30- foot half width for the 60-foot right-of-way and is an asset to the Town and the Owner; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), and does hereby accepts on behalf of the public, and for the purposes herein described, the Offer of Right-of-Way Easement Dedication attached to this Resolution as Exhibit A.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16
th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
ITEM 7I ATTACHMENT 1

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This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION

TO THE TOWN OF LOS ALTOS HILLS
(Lands of DCV Enterprise Partners, LLC)
THIS DEDICATION is made this -1-'_ day of Apii 1 , 2024, by DCV Enterprise • Partners, LLC, ("Owner"), the owner of the property located at 26481 Purissima Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town").

Section 1. Owner does hereby offer to dedicate to Town an easement for street right of way purposes and incidents thereto that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication").

Section 2. The Town hereby accepts this Dedication.

IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this Dedication as follows:

OWNER:

D�ignature)
Authorize Agent Name
ITEM 7I ATTACHMENT 2

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GOAL 2
Los Altos Hills enjoys its quiet semi-rural roadways and wishes to preserve its current character.

Policy 2.1 Provide adequate space in public right-of-ways to accommodate semirural roadways, pathways, utilities, drainage, and vegetative buffers.

Policy 2.2 Through traffic should remain on non-residential thoroughfares (i.e freeways, expressways, and arterials) to the maximum extent possible.

Policy 2.3 Collectors, neighborhood connectors and local roads shall not be designed or improved to an extent that would encourage through traffic.

Policy 2.4 Cul-de-sacs and loop-type roads shall be encouraged as a means of reducing traffic.

Policy 2.5 The intensity of existing or proposed land uses shall not provide justification for widening roadway pavement widths.

Policy 2.6 New or expanding development that will impact a road, whether private or public, should be required to improve the roadway surface and width to provide for adequate emergency access, and shall repair damage caused by construction.

Policy 2.7 The Town shall pursue cost-effective maintenance of the roadway network. Roadways shall be maintained in a priority order based on traffic levels and cost effectiveness while preventing long-term deterioration.

Policy 2.8 Roadway maintenance should not interfere with pathways or drainage.

Program 2.1 Develop right of way standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities, slopes, and pathways, and to avoid excessive cuts or fills. A general guide for width would be 60 feet, although this will vary depending on conditions. Additional easements for slope or line of sight may be required.

Program 2.2 Identify existing and desirable emergency access connections.

Circulation & Scenic Roadways Element
Los Altos Hills General Plan
Page C- 10
ITEM 7I ATTACHMENT 3

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ITEM 7I ATTACHMENT 4

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City Council Page 2
Elena Road (APN 182-04-89)
May 16, 2024
compliance (COC) states The Town of Los Altos Hills accepts the fact that a particular parcel of real property has been legally created.

Under the Subdivision Map Act, the Town is required to issue either a “Certificate of Compliance” or a “Conditional Certificate of Compliance” depending on if a parcel is created in compliance with the Map Act and the local ordinance. Per LAHMC Section 9-1.320, the City Council is the decision-making body for COC applications. Specifically, if the City Council determines that the parcel at issue was created in compliance with the Map Act and the Town’s Subdivision Ordinance (which implements state law), it must issue a Certificate of Compliance. If the City Council determines that the parcel was created but not in compliance with the Map Act and local ordinance, it must issue a Conditional Certificate of Compliance.

It is important to note that COC issuance is a “ministerial act”- the Town must issue either a COC or a Conditional COC even if it determines that the parcel does not conform with the Map Act or its ordinance at the time of creation. The Town does not have the discretion to deny an application for a COC by state law (see Gov. Code section 66499.35; LAHMC 9-1.320).

If the Town issues a Conditional COC, the conditions that may be imposed with said certificate depends on if the if the property owner (the COC applicant) created the initial inconsistency with the Map Act and/or local ordinance. As relevant here, if the applicant is the current owner but not the creator of the incompliance with the Map Act or Town ordinance, the Town would impose conditions under state or local law that would have been imposed at the time the applicant acquired his interest. Under the Map Act and Town ordinance, the conditions imposed do not have to be fulfilled until such time a development permit or approval of the property is being issued (Gov.

Code section 66499.35(b); LAHMC 9-1.320).

It is important to note that a COC or Conditional COC only pertains to a property’s ability to be sold, leased, or financed. Granting a COC or Conditional COC does not relate to a particular property’s buildability or developability. If a Conditional COC is granted, the owner still must obtain the necessary zoning entitlements and building permits prior to development.

Current COC Application
Planning staff, in collaboration with the City Attorney and Town Surveyor have determined that a Conditional COC is to be issued for the subject property with certain conditions that would have applied to the parcel at the time the property owners, Brian and Rozita Roberts, acquired the property in 2012. As described in the Town Surveyor’s memo dated October 24, 2023 (Attachment 3), a thorough analysis of the chain of title documents concluded that in 1977, a grant deed conveying three parcels including the subject property constituted a violation of the Map Act and the Town’s Subdivision Ordinance as it was a “merger and re-subdivision” in one action to turn two parcels into three separate lots. The re-subdivision was also not recorded as it was done in one action with the merger. Likewise, there was also another violation in 1990 that occurred with respect to the subdivision of one parcel into two covering this parcel. The correct process to achieve the subdivision would have been to file a tentative map with the Town rather than creating them by deed.

Thus, the parcel was not created in compliance with the Map Act and the Town’s Subdivision Ordinance. Since the applicant/owner acquired the property in 2012 and is not the responsible

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City Council Page 3
Elena Road (APN 182-04-89)
May 16, 2024
party for the creation of the parcel, only the conditions that would have been applicable to the division of land in 2012 apply. Applicable conditions are included in the draft Conditional COC, included in this packet as Attachment 2. All conditions are written to be implemented prior to issuance of a building permit. As noted above, the issuance of a Conditional COC does not pertain to the development potentials of the parcel and does not grant any land use entitlements or approvals. Should the property owner desire to pursue development at this parcel, they would need to separate apply for the necessary planning entitlements and building permit approvals as with other development projects in Town.

ENVIRONMENTAL REVIEW:

The California Environmental Quality Act (CEQA) does not apply to issuances of certificate of compliance or conditional certificates because CEQA does not apply to ministerial acts. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as COC applications are part of the general implementation of State law and the Town’s Subdivision Ordinance.

FISCAL IMPACT:

There is no fiscal impact to the Town for review of certificates of compliance as the Town requires payment of both a flat fee and deposit to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the Condition Certificate of Compliance with the County of Santa Clara requires payment of a recordation fee of $50.00.

CONCLUSION:

In accordance with the requirements of the Subdivision Map Act and the Town’s Subdivision Ordinance, staff recommends that the Council adopt a Resolution (Attachment 1) approving a Conditional Certificate of Compliance at APN 182-04-089.

ATTACHMENTS

1. Resolution Approving a Conditional Certificate of Compliance [DRAFT]

2. Conditional Certificate of Compliance [DRAFT]

3. Town Surveyor Memo dated October 24, 2023
Report prepared by: Jonathan Fox, Associate Planner

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Resolution ____-24 Page 1
RESOLUTION ____-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

GRANTING A CONDITIONAL CERTIFICATE OF COMPLIANCE
(LANDS OF ROBERTS; FILE #CC23-0001)
WHEREAS, Brian and Rozita Roberts (“Owner”) owns the property commonly known as 27360 Elena Road, Los Altos Hills, California (APN 182-04-089) (“Property”); WHEREAS, on August 10, 2023, the Owner submitted an application for a Certificate of Compliance to the Town of Los Altos Hills requesting a determination under the Subdivision Map Act; WHEREAS, Government Code section 66499.35 (Subdivision Map Act) and Town’s Subdivision Ordinance require the Town to issue a conditional certificate of compliance if the City Council determines that the real property does not comply with the provisions of the Subdivision Map Act and/or the Town’s Subdivision Ordinance;
WHEREAS, the issuance of a certificate of compliance or a conditional certificate of compliance is a ministerial act by state law, and issuance of said certificates does not otherwise grant any development entitlements or approvals for the subject Property; WHEREAS, as described in the accompanying staff report and the Town Surveyor’s memo dated October 24, 2023, and based upon review of the deeds and other evidence submitted before the Town, the Property was not created in compliance with the provisions of the Subdivision Map Act and Town’s Subdivision Ordinance, and as such a Conditional Certificate of Compliance would be issued for the Property pursuant to Government Code section 66499.35 and the Town’s Subdivision Ordinance and subject to conditions that would have been applicable to the subdivision of the Property at the time the applicant acquired their ownership interest; WHEREAS, the California Environmental Quality Act (CEQA) does not apply to ministerial acts such as the issuance of a certificate of compliance for which the Town does not exercise discretionary approval; any future development project on the Property will be subject to separate environmental review at the time of application submittal.

NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve and issue a Conditional Certificate of Compliance for APN 182-04-089 in Los Altos Hills, as shown attached hereto and incorporated herein as Exhibit A; and the City Engineer, Town Surveyor, and Community Development Director are hereby authorized and directed to execute the Conditional Certificate of Compliance and the City Clerk is hereby directed to record this Certificate in the Office of the County Recorder.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 16th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ITEM 7J Attachment 1

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Resolution ____-24 Page 2
ABSTAIN:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

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RECORDING REQUESTED BY:

Town of Los Altos Hills
WHEN RECORDED MAIL TO:

City Clerk
Town of Los Altos Hills
26379 Fremont Rd.

Los Altos Hills, CA 94022

TOWN OF LOS ALTOS HILLS

CONDITIONAL CERTIFICATE OF COMPLIANCE
{Sec. 66499.35 California Government Code}
Owner:

Brian K. Roberts and Rozita Roberts, husband and wife,
community property with right of survivorship
38 Sorrento Ct.

Danville, CA 94526
Affected Assessor’s Parcel Number:

APN: 182-04-089
This certificate is being issued for one (1) parcel: APN 182-04-089. {Government Code Section:
66499.35(f)(1)(C)}
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto.

Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. {Government Code Section: 66499.35(f)(1)(E)}
We hereby find, declare, and certify that the parcel comprised of APN 182-04-089, described in Exhibit “A” and shown in Exhibit “B”, is in conformance with Section 66499.35 of the California Government Code and local ordinances enacted pursuant thereto. The documents necessary to accomplish the Conditional Certificate of Compliance are attached hereto, and consist of the following named documents:
1) This Certificate
2) Exhibit “A” – Legal description
3) Exhibit “B” – Plat to Accompany Legal Description
4) Exhibit “C” – Conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property {Government Code Section: 66499.35(f)(1)(F)}
This Certificate together with the legal description, plat, and conditions included herewith constitute the Conditional Certificate of Compliance approved by the Town of Los Altos Hills in compliance with Section 66499.35 of the California Government Code.

ITEM 7J Attachment 2

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City Surveyor’s Certificate

______________ __________________________________
Date Anne-Sophie Truong, Acting City Surveyor
LS 8998, Exp. 09/30/2025

ACKNOWLEDGMENT
A notary public or other 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.

State of California
County of _____________________________)
On _____________________ before me, _________________________________________ 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 and official seal.

Signature ______________________________ (Seal)

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City Engineer’s Certificate
______________ ________________________________________ Date Woojae Kim, Public Works Director/City Engineer
RCE 59532, Exp. 12/31/2025

ACKNOWLEDGMENT
A notary public or other 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.

State of California
County of _____________________________)
On _____________________ before me, _________________________________________ 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 and official seal.

Signature ______________________________ (Seal)

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Community Development Director’s Certificate
The Town of Los Altos Hills approves this Certificate of Compliance subject to the conditions included herewith as Exhibit “C”.
______________ __________________________________________ Date Bradley Evanson, Community Development Director

ACKNOWLEDGMENT
A notary public or other 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.

State of California
County of _____________________________)
On _____________________ before me, _________________________________________ 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 and official seal.

Signature ______________________________ (Seal)

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CC23-0001 Draft Conditions

1. The approval of the Conditional Certificate of Compliance for APN 182-04-089 is valid for a period of one year. Failure to record the Certificate of Compliance with the Santa Clara County Recorder within that one-year time period shall result in the expiration of the Certificate of Compliance on XXXXX XX, XXXX.

2. Payment of park and recreation dedication fees, pathway fee and all other applicable fees shall be required prior to issuance of a building permit. The park and recreation dedication fees shall be provided in accordance with Sections 9.1.1403 and 9.1.1404 of the Los Altos Hills Municipal Code.

3. The lot shall be connected to the public water system to the satisfaction of the City Engineer and the Purissima Hills Water District. Services shall be installed to the property lines or be bonded for prior to issuance of a building permit. An encroachment permit shall be required to be issued by the Public Works Department for all work proposed within the public right of way. Any necessary fees shall be paid prior to issuance of a building permit.

4. Any, and all, wells on the property shall be properly registered with Santa Clara Valley Water District (SCVWD), and shall be abandoned, capped in accordance with the SCVWD standards prior to issuance of a building permit.

5. All existing and proposed utilities that serve the lot shall be placed underground, in accordance with Subdivision Ordinance, Sec. 9-1.1105. Cable television, gas, electric, and telephone services, to the property lines are included in this requirement. Plans for the location of all such utilities are to be included in the improvement plans prior to issuance of a building permit.

6. The lot shall be able to connect to to the public sanitary sewer system to the satisfaction of the City Engineer. Where sanitary sewers are available, laterals shall be provided to each lot in a manner acceptable to the City Engineer, so as to prevent the disruption or accelerated deterioration to other improvements. When individual sewage disposal facilities are required, the Santa Clara County Health Officer shall make his or her recommendations, in accordance with Chapter 4, Title 6, of the Los Altos Hills Municipal Code. Connection to the public sanitary sewer system or individual sewage disposal facilities shall be reviewed at building permit plan check.

7. No approval of any development is indicated by approval of the Conditional Certificate of Compliance. Site Development applications are required for any new residence and shall be submitted to the Community Development Department for review and compliance with Title 10 Zoning and Site Development of the Los Altos Hills, Municipal Code. Any necessary planning entitlements including but not limited to Zoning Permit, Site Development Permit, Variance, or Grading Policy Exception shall be obtained prior to issuance of a building permit.

8. The lot shall provide and maintain sufficient vehicle ingress/egress to the satisfaction of the City Engineer, Santa Clara County Fire Department, and Site Development Authority. Driveways shall be designed and constructed to provide adequate sight distances; to allow for emergency access; to be unobtrusive from off-site; to limit the removal of trees and environmental damage; and to ensure that while minimizing impermeable surfacing, sufficient off-street parking is provided on each site to meet the needs of the occupants, their guests, and service vehicles. Driveways shall

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be reviewed for compliance with Article 11, Title 10, of the Los Altos Municipal Code prior to issuance of a building permit.

9. Development of the property shall comply with California Fire Code (CFC), 2010 edition, as adopted by the Town of Los Altos Hills, and Santa Clara County Fire Department’s Specifications.

The following shall be reviewed and approved by the Santa Clara County Fire Department prior to issuance of a building permit:
• Review of this proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
• Wildland-Urban Interface: This property is located within the designated WildlandUrban Interface Fire Area. The building construc�on shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegeta�on clearance shall be in compliance with CBC Sec�on 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. • Fire Apparatus (Engine) Access Roadway: An access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, ver�cal clearance of 13 feet 6 inches, minimum circula�ng turning radius of 42 feet outside, and a maximum slope of 15%. Surface shall be capable of suppor�ng 75K pounds. Installa�ons shall conform to Fire Department Standard Details and Specifica�ons sheet A-1. CFC Sec. 503. Note: A roadway serves 3 or more parcels.
• Fire Apparatus (Engine) Access Driveway: An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of suppor�ng 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 14 feet, ver�cal clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installa�ons shall conform to Fire Department Standard Details and Specifica�ons sheet D-1. Note: A driveway serves 2 or fewer parcels.
• Fire Department (Engine) Driveway Turnaround: An approved fire department engine driveway turnaround with a minimum radius of 40 feet outside for driveways in excess of 150 feet. Maximum grade in any direc�on shall be a maximum of 5%. Installa�ons shall conform with Fire Department Standard Details and Specifica�ons D-1. CFC Sec. 503 Driving surface shall be capable of suppor�ng the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg).
• Fire Hydrant System: Where a por�on of the facility or building herea�er constructed or moved into or within the jurisdic�on is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Excep�on: For Group R-3 and Group U occupancies, equipped throughout with an approved automa�c sprinkler system installed in accordance with Sec�on 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet [CFC, Sec�on 507.5.1].

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• Emergency Gate/Access Gate Requirements: Gate installa�ons shall conform with Fire Department Standard Details and Specifica�on G-1 and, when open shall not obstruct any por�on of the required 12' width for emergency access roadways or driveways.

Locks, if provided, shall be fire department approved prior to installa�on. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Knox switch will be provided.
• Address iden�fica�on: New and exis�ng buildings shall have approved address numbers, building numbers or approved building iden�fica�on placed in a posi�on that is plainly legible and visible from the street or road fron�ng the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in addi�onal approved loca�ons to facilitate emergency response. Address numbers shall be Arabic numbers or alphabe�cal leters.

Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to iden�fy the structure. Address numbers shall be maintained [CFC Sec. 505.1].

10. The applicant shall defend, indemnify, and hold harmless the Town of Los Altos Hills and its agents, officers, and employees from any claim, action, or proceeding against the Town of Los Altos Hills or its agents, officers, or employees to attack, set aside, void, or annul an approval of the project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant’s duty to so defend, indemnify, and hold harmless shall be subject to the Town’s promptly notifying the Applicant of any said claim, action, or proceeding and the Town’s full cooperation in the defense of such actions or proceedings.

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Memo
550 Pilgrim Drive, Foster City, CA 94404
phone 650.522.2500 fax 650.522.2599 www.csgengr.com
Date: October 24, 2023 Subject:
27360 Elena Rd.

Lot Legality / Certificate of Compliance
To:

Elaine Ling, Senior Planner
Town of Los Altos Hills From:

Sophie Truong, P.E., PLS
CSG Consultants, Inc.

This memo presents our findings regarding the lawful creation of the property located at 27360 Elena Road in the Town of Los Altos Hills, County of Santa Clara (APN 182-04-089). The property is currently vacant land, and the property has not previously been approved for development through issuance of any permits.

Based on our review of the various documents submitted to CSG by the Applicant and the Town of Los Altos Hills (Town), including a complete Chain of Title received by our office on 9/25/2023, our survey opinion is that the subject lot was created by grant deed, in violation of the Town’s Subdivision Ordinance in effect at the time of the recordation, and in violation of the California Government Code, Title 7, Division 2 “Subdivisions” (Gov’t C §6641 - §66499), also referred to as the Subdivision Map Act (SMA).

As such, the Applicant is entitled to a conditional Certificate of Compliance (CoC) to legalize the subject lot.

Further details are listed below in the Conclusions & Next Steps section of this memo.

Documents Reviewed
Relevant documents submitted to CSG (via the Town) by the Applicant include the following:
 Complete Chain of Title prepared by Chicago Title Company (received 9/25/2023)  Preliminary Title Report, dated July 6, 2023
 Map of the “Subdivision of Lot 2 and Part of Lot 1 of the Taaffe Partition in the Rancho La Purissima Conception”, recorded 6/25/1894 in Book H of Maps at pages 76 & 77, records of Santa Clara County (Tract Map)
 Assessor Parcel Number (APN) map
The documents submitted to CSG by the Town include the following:
 Ordinance No. 180 (Town of Los Altos Hills 1st Subdivision Ordinance, passed 6/21/1971) Background and Analysis
The Chain of Title documents provide a complete history of the subject parcel, from initial subdivision of land encompassing the area for the subject property, to final and more recent conveyances by separate instrument (grant deeds, quitclaim deeds, etc.), and other instruments of record such as Court Judgments that may affect legality of the lot.

The Chain of Title documents submitted for the subject lpropertyincluded 29 instruments and the original Tract Map. Each instrument is described in the Summary of Chain of Title table included hereto as Attachment A (Note: only 28 instruments are listed in the Table. Document 1523844, a Court Judgement recorded on 5/5/2000 was deemed irrelevant as it pertains to easement ownership).

ITEM 7J Attachment 3

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 Page 2
The following presents a brief description, in chronological order, of the relevant conveyances that have occurred since the recordation of the original Tract Map. To assist with the retracement of the information presented below, a color-coded exhibit is included herewith as Attachment B. 1) 1901 to 1902 Grant Deeds (Rows 1-3 in Attach. A): Lawful conveyances of Lots 42 & 43 as separate and distinct parcels of land having been created by the original Tract Map. 2) On 10/26/1907, Grant Deed 323 O.R. 412 (Row 4 in Attach. A) conveyed Lots 42, 43, and 44; all lots being clearly delineated on the Tract Map and legally created. 3) On 5/26/1925, Grant Deed 156 O.R. 568 (Row 5 in Attach. A) first conveyed a parcel of land not previously depicted on the original Tract map. Creation of lots by grant deed was lawful prior to March 4, 1972 (SMA §66412.6) or prior to any a Local Subdivision Ordinance being in effect, whichever came first, therefore this conveyance created a legal lot. The new lot consisted of all of Lot 42 together with the southeasterly portion (more or less) of Lot 43 (cyan parcel in Attachment B). The legal description was entirely described by metes and bounds (a.k.a bearings and distances), but more importantly, the portion of Lot 43 attached to Lot 42 was never previously conveyed as a single and distinct parcel prior to the recording date of this grant deed, according to the Chain of Title. Absent a clear indication in the language of the deed that the intent was to convey 2 separate lots, §1093 of the California Civil Code, copied below for reference, does not apply, and the area described in the deed constitute a single, legal lot.

California Civil Code Article 1. Mode of Transfer Section 1093 states:
(1093) “Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents, deeds of trust, contracts of sale, or other instruments of conveyance or security documents, into a subsequent single deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document (whether by means of an individual listing of the legal descriptions in a subsequent single instrument of conveyance or security document, or by means of a consolidated legal description comprised of more than one previously separate and distinct legal description), does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby.” The 1927 and 1950 Grant Deeds (Rows 6 & 7 in Attach. A) conveyed the same Lot and present no additional or valuable information.
4) On 2/9/1950, Grant Deed 1924 O.R. 456 (Row 8) conveyed all of Lot 44 together with the remaining northwesterly portion of Lot 43 (blue parcel). The same rationale applies to this deed, and the grant deed conveyed a single, legal lot.
5) On 5/29/1962, the then-owner of both lots (cyan and blue parcels) quitclaimed to the State of California a portion of land for freeway right-of-way (ROW) purposes (pink parcel) by Quitclaim Deed recorded as 5592 O.R. 230. This conveyance to the State, of varying width (averaging approximately 300’), extended from the southeasterly line of Lot 42 as shown on the original Tract Map, through all of Lot 42, Lot 43, Lot 44, and Lot 28 up to the northwesterly line of Lot 28. This Quitclaim Deed created legal “remnant” parcels on each side of the conveyance to the state. The “remnant” portion of the lot conveyed in 1925 (Grant Deed 156 O.R. 568, shown in cyan) located south of the freeway, was by default created as a legal lot, and is shown shaded in light orange in Attachment B. This parcel consisted of what is now the Applicant’s property (APN 182-04-089), together with a portion

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 Page 3
of the lot to the northwest (currently known as APN 182-04-088). This legal remnant parcel is further discussed below with the 1974 conveyance.
6) In 1971, the Town of Los Altos Hills passed its first Subdivision Ordinance (Ordinance No. 180), requiring a map for the creation of two (2) or more parcels. Refer to Section IV. “Procedure” of the Ordinance (included herewith as Attachment C). Therefore, if one (1) parcel was ‘’carved out” of another larger parcel, where two (2) parcels would result, a map would be required to legally create then convey each parcel. 7) On 4/5/1974, Grant Deed 0834 O.R. 486 (Row 11) conveyed two lots: Parcel One being the ‘remnant’ portion of Lot 28 after the Quitclaim to the State (not the subject of this analysis), and Parcel Two being the ‘remnant’ portion of the Lot conveyed under Grant Deed 5592 O.R. 230 (Row 8 – the blue parcel), after the Quitclaim to the State. More specifically, Parcel Two consisted of Lot 44 and the northwesterly portion of Lot 43 “excepting therefrom (lots 44 & 43) all that portion thereof lying southwesterly of the northeasterly line of Junipero Serra Freeway, as said northeasterly line was established by Deed from Wilbur V. Henry, et ux, to the State of California, recorded May 29, 1962 in Book 5592 of Official Records, page 230.” Parcel Two of this grant deed is shown shaded in green in Attachment B. Both Parcels One and Two were, by default, lawfully created due to the conveyance in fee (quitclaim) to the State, and constituted two, not three, lawfully created parcels. 8) On 12/20/1974, Grant Deed B 217 O.R. 654 (Row 12) also conveyed two lots: Parcel One, being the same as “Parcel Two” of the Grant Deed 0834 O.R. 486 discussed above (Row 11), and Parcel Two, consisting of Lot 42 and the southeasterly portion of Lot 43, excepting therefrom all land northeasterly of southwesterly line of the conveyance to the State. Parcel Two of this grant deed is shown shaded in orange in Attachment B. Both Parcel One and Parcel Two were, by default, lawfully created due to the conveyance in fee (quitclaim) to the State, and also constituted two, not three, lawfully created parcels. 9) On 2/7/1977, Grant Deed C 580 O.R. 399 (Row 13) conveyed those portions of Lots 42, 43, and 44 being southwesterly of the lands quitclaimed to the State only (i.e the two parcels shaded in orange and in green per the grant deeds listed above). The deed is silent as to whether the intent was to merge both remnant parcels into a single parcel. If the intent was to convey three (3) individual parcels, which appears to be the case, it would constitute a violation of the SMA and the Town’s Subdivision Ordinance, since the deed in and of itself would be a “merger and resubdivision” of the two (2) parcels shaded in green and orange to obtain three (3) separate lots.
10) From 1977 to 1987, all conveyances included the same legal description: Lots 42, 43, and 44, excepting therefrom the same portions, southwest of the freeway (Rows 14-19, 20, and 21) 11) On 6/4/1990, Grant Deed #10543948 (Row 23) conveyed only those same portions of Lot 42 and Lot 43 southwest of the freeway. If the lots had been considered merged by deed in 1974, the violation of the SMA and Town Ordinance would be occurring now by the unlawful separation of Lot 44.
12) From 1990 to 1997, the same two portions were conveyed by deed (Rows 24-26). 13) On 4/29/2003, Grant Deed #16997312 conveyed only that portion of Lot 42 southwest of the freeway (Row 27). Similarly to Grant Deed #10543948, another violation of the SMA and Town Ordinance would have occurred by the further subdividing and separation of Lot 43. 14) On 6/28/2012, the Applicant acquired his interest that portion of Lot 42 southwest of the freeway (Row 28).

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 Page 4
Conclusions & Next Steps:

The initial violation of the SMA and the Town’s Subdivision Ordinance occurred either in 1977 with the merger of two lots and resubdivision into three lots by deed which was unlawful in 1974, or the violation occurred in 1990 by the subdivision of a single parcel (consisting of Lots 42, 43, and 44 as a single parcel) into two: Lots 42 and 43 as one parcel, and the remainder, being Lot 44, as a second parcel. §66499.35 of the SMA states that:
“If a local agency determines that the real property does not comply with the provisions of this division or of local ordinances enacted pursuant to this division, it shall issue a conditional certificate of compliance. A local agency may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and that had been established at that time by this division or local ordinance enacted pursuant to this division, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this division or of the local ordinances who by a grant of the real property created a parcel or parcels in violation of this division or local ordinances enacted pursuant to this division, and the person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this division or those local ordinances, then the local agency may impose any conditions that would be applicable to a current division of the property.” Since the Applicant acquired his interest in the property in 2012 and is not the responsible party for the unlawful creation of the parcel, the Applicant is entitled to a conditional Certificate of Compliance (CoC), where only those conditions that would have been applicable to the division of land in 2012 shall be considered (as opposed to conditions currently applicable per local ordinance). The conditions must be fulfilled prior to subsequent issuance of a permit for development of the property.

Next Steps:

1. The Town’s Planning staff will review the project for any applicable conditions. Those conditions will be added to the Certificate of Compliance.

2. The Town Surveyor will prepare the certificate in accordance with §66499.35 (f)(1)(A,B,C,E, and F) of the SMA

3. The Applicant shall provide a plat and legal description of the subject property prepared by a private Land Surveyor licensed in the State of California, in accordance with §66499.35 (f)(1)(D) of the SMA.

4. The Town Surveyor will review the documents for technical accuracy. Once approved, the legal description will be attached as Exhibit A, and the plat will be attached as Exhibit B of the certificate.

The above opinion is this firm’s survey opinion only, based on knowledge of certificates of compliance and the Subdivision process in the State of California. It is not intended to be used in lieu of the required input and final opinion of the City’s legal counsel.

Feel free to call our office should you have any questions or would like to discuss further.

Respectfully,
CSG Consultants, Inc
___
Anne-Sophie Truong, P.E., PLS
Sr. Principal Engineer
City Surveyor of the Town of Los Altos Hills

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Staff Report to City Council Page 2
Animal Control Services Agreement
May 16, 2024
2 an increase of service charges through their agreement with Pets in Needs, as well as an increase in services received by the Town in the past several years.

An increase in service for the Town can specifically be seen in calls for service and the number of intakes conducted within the Hills. See Attachment 4, and screenshots below for detail into services provided to the Town.
• Calls for Service in LAH 2014-2019 = 732 calls
• Calls for Service in LAH 2019-2024 = 2,486 calls

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Staff Report to City Council Page 3
Animal Control Services Agreement
May 16, 2024
The proposed new agreement between the Town and the City of Palo Alto reflects a similar scope to the current agreement with an adjusted compensation model. To provide assurance that the Town is only paying for animals handled in Los Altos Hills, the proposed agreement has shifted from an average percentage-based model to actual program costs (animal care and animal control).

The actual program costs will be derived from the number of animals handled in Town as compared to all animals handled each fiscal year.

Additional, under the proposed new agreement responsibility for licensing of animals and remittance of the associated revenue from licenses back to the Town has shifted to the City of Palto Alto. For the last five years of the current contract (2019-2024) this responsibility was held by Pets in Need.

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.

CITY COUNCIL WORKPLAN:

Renewing the agreement for animal control services was not identified as one of the goals on the workplan but falls under the day-to-day operations of management staff. Authorizing the agreement will allow the Town to have continuous animal control services in Town.

FISCAL IMPACT:

Historically, the contract between the Town and the City of Palo Alto has been based on an annual percentage of animals handled by Palo Alto for the Town. Under this cost structure, Los Altos Hills was responsible for 4% of animal care and animal control costs for the City of Palo Alto.

This percentage was derived from an average percentage of animals handled by Palo Alto over a ten-year period and Palo Alto’s total costs for animal control and shelter services. For fiscal year 2023-24, this translated to Los Altos Hills receiving a bill for $53,714.80.

Under the proposed new contract terms, service costs will be derived from the actual number of animals responded to in the Hills. Palo Alto staff has advised the Town to budget $148,138 for the upcoming fiscal year. This is an increase of roughly $90,000. As explained in the Discussion Section, this increase reflects the increase in operating costs from Pets in Need and an increase of service requested by residents of Los Altos Hills.

See Attachment 5 for a 5-year forecast of costs under the proposed agreement.

ATTACHMENTS:

1. Resolution

2. 2004 Animal Control Agreement

3. Proposed New Agreement for Animal Control Services

4. Animal Control Services Received by the Town 2014-2019 & 2019-2024

5. Forecasted Costs for Los Alto Hills 2025-2029

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RESOLUTION No. xx-24

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH PALO ALTO ANIMAL CONTROL SERVICES (PETS IN

NEED) FOR ANIMAL CONTROL SERVICES IN LOS ALTOS HILLS
WHEREAS, the City of Palo provides animal care and control services to the Town of Los Altos Hills; and
WHEREAS, the existing contracts were originally signed in 2004 for a 10-year period, and extended for two additional five-year terms. The current contract between the Town and Palo Alto will expire on June 30, 2024; and
WHEREAS, since 2019, animal care and shelter services have been provided by Pets in Need through a contract with the City of Palo Alto. Animal control services are provided directly by the Palo Alto Police Department; and
WHEREAS, the new agreement with the City of Palo Alto has an increase of charges to the Town which reflect an increase of service charges through Palo Alto’s agreement with Pets in Needs, as well as an increase in services received by the Town in the past several years; and
WHEREAS, to provide assurance that the Town is only paying for animals handled in Los Altos Hills, the new agreement has shifted from an average percentage-based model to actual program costs (animal care and animal control).

NOW THEREFORE, the City Council hereby authorizes the City Manager to execute an agreement with Palo Alto Animal Control Services (Pets In Need) for animal control services in Los Altos Hill.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of May 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stan Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
ITEM 7K Attachment 1

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ITEM 7K Attachment 2

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1 AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES

BETWEEN THE CITY OF PALO ALTO AND

THE TOWN OF LOS ALTOS HILLS
This Agreement for Animal Control and Sheltering Services is made this 1st day of July, 2024, by and between the City of Palo Alto (“Palo Alto”) and the Town of Los Altos Hills (“Agency”).

RECITALS
WHEREAS, animal control and sheltering services are required by California law to be provided by incorporated cities; and
WHEREAS, Palo Alto has an established animal control and shelter operation Palo Alto Animal Control (or “PAAC”); and
WHEREAS, Agency has no current facilities or ability to provide those required animal services, and has requested that Palo Alto provide specified animal control and sheltering services, and animal licensing within the jurisdiction of Agency, and for the citizens of Agency; and
WHEREAS, Palo Alto has the capacity to provide such services to Agency as are hereinafter described, and is willing to do so;
WHEREAS, Palo Alto has engaged Pets In Need, a local non-profit animal services group (“PIN”), to operate the animal shelter; and NOW, THEREFORE, in consideration of the following covenants, terms, and conditions, the parties agree:

SECTION 1: Term
The term of this agreement shall commence on July 1, 2024 and shall terminate on June 30, 2029, unless sooner terminated or extended by mutual agreement between Palo Alto and the Agency. The parties intend tomay extend this agreement for a second additional five-year term consistent with the original contract signed by the parties in 20204.

The parties intend tomay extend this agreement so long as it is mutually advantageous.

Parties agree to meet at least twelve months prior to the scheduled termination hereof and discuss the terms of such extension.

A. Amendments - Amendments to this Agreement must be in writing and approved by the governing body of Agency and Palo Alto. This is the entire Agreement between the parties and supersedes any prior written or oral agreements.

ITEM 7K Attachment 3

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1 SECTION 2: Termination by Any Party
If either party fails to perform any duties or obligations imposed by this Agreement and said failure continues for sixty (60) days after written notification by the other, then the nonbreaching party may terminate this Agreement immediately after the sixty (60) day period by providing written notice of termination. Either party may terminate this agreement at any time without cause by providing one hundred eighty (180) days written notice of intent to terminate.

In any event of termination under this paragraph, Palo Alto shall be paid for all services performed until the date of such termination.

SECTION 3: Advisory Committee
The joint committee shall hereafter be referred to as the Animal Control Task Force (ACTF) consisting of the City Manager of Palo Alto or his/her designee, the City Manager of Agency or his/her designee, the Supervising Animal Control Officer of PAAC, and the City Manager or his/her designee of other cities that contract with Palo Alto to provide animal control and/or sheltering services. The responsibilities of the ACTF shall include but are not limited to:

1. Review existing local animal control ordinances and make recommendations for appropriate changes

2. Assessing licensing program

3. Analyze programmatic complaints by either party or itsresidents

4. Review revenues and expenditures relating to the program SECTION 4: Agency Responsibilities

1. Agency hereby designates Palo Alto to perform, on behalf of Agency, all services as agreed to in Exhibit “A” - Scope of Services of this Agreement.

2. Agency hereby designates Palo Alto responsible for its dog license fee collection, including the issuance of licensing administrative citations for municipal code violations.

CityPalo Alto will remit license fees to Agency.

3. Agency agrees not to adopt fees inconsistent with Palo Alto’s schedule for animal related fees during the term of the agreement.

4. Agency shall implement its own locally enacted provisions for administrative remedies with respect to impoundment, nuisance abatement of dangerous animals and other similar circumstances; provided, however, that Palo Alto will assist and respond when requested by Agency, as set forth in Exhibit “A” of this Agreement.

5. Agency agrees that it will remain responsible for arranging and conducting hearings under its Dangerous Animal Ordinances, including but not limited to, providing Hearing Officers and a location for such hearings. Alternatively, Agency may request Palo Alto to provide Hearing Officers and a location for such hearings, and Palo Alto may provide as such upon mutual agreement and resource availability. The cost of these hearings shall be borne by the animal owner; however, in the event Agency is unable to collect these costs from the animal owner; Agency shall be responsible for these costs.

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2 6. Agency agrees that it shall remain solely responsible for the defense of any appeal of any decision rendered by the Hearing Officer or from any Court judgment based on claims, actions or appeals resulting from Dangerous Animal designations made under Agency’s Ordinances.

6.7.Agency agrees to honor any dangerous animal designation issued by another partner agency and enforce its laws accordingly.

7.8.Agency agrees to provide assistance upon request of Palo Alto’s Animal Control Officers within Agency’s jurisdiction.

8.9.Agency shall be primarily responsible for the investigation and appropriate enforcement action to be taken in substantiated cases of animal cruelty, abuse, etc., under Section 597.1 of the California Penal Code.

9.10. Agency shall maintain a safe, clean, and sanitary environment for temporarily holding animals at the Agency’s designated area. Agency reports shall include description of the animal, location it was found, reporting party information and any other relevant information that would assist Palo Alto’s Animal Control Officers with the disposition of the animal. The report shall be provided to Palo Alto’s Animal Control Officers staff at pick up. If the animal is released from Agency, the report shall be sent to Palo Alto’s Animal Control Officers by the end of the work dayworkday.

10.11. As unanticipated events occur in Agency cities, PAAC may be required to contract with outside vendors to provide services that are above and beyond the scope of services and/or the capabilities of PAAC personnel. After consultation and agreement of services with Agency, Agency will be responsible for the cost of vendor services.

SECTION 5: Compensation

1. The purpose of this Section is to equitably divide the actual costs of providing animal control and sheltering services to Agency. The costs to provide these services are based on the actual program costs for the Palo Alto Animal Shelter and Animal Control Division each fiscal year.

2. Agency agrees to pay Palo Alto under the following payment schedule:
a. April August 1 of current fiscal year – Palo Alto will provide Agency with cost estimate for following fiscal year for previous fiscal year. Payments are due to Palo Alto by September 15, of each year.
b. November 1 – Palo Alto will provide Agency with an invoice for the current fiscal year adjusted by any variance in prior year budget to actuals. Payments are due to Palo Alto by December 15 of each year.

Payments shall be sent to:

Director of Community Services
1305 Middlefield Road
Palo Alto, CA 94301

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3 3. Agency agrees to pay 11.4% its percentage of actual program costs for the Palo Alto Animal Shelter and Animal Control Services Divisions each fiscal year. The City of Palo Alto will provide the Town with the actual percentage to be invoiced for the previous fiscal year (July 1st - June 30th) by August 1st of each year.

The percentage paid under this agreement is derived from the average percentage of animals handled by Palo Alto for Agency from FY 2009 2019 – FY 20182024. Agency’s payment for service is based on 1) Agency’s proportionate use of shelter services over the period listed above and 2) Palo Alto’s total costs for animal control and shelter services.

4. Palo AltoPIN will retain all boarding and, impound fees, dog licensing and penalty fees.

Palo Alto will retain impound fees (in some situations), quarantine, dog licensing, penalty, and miscellaneous fees. In previous years, Agency retained revenues from dog licensing fees collected for Agency by Palo Alto; under this Agreement, Pets In Need will be retaining Agency’s dog licensing fees to fund its administrative costs.

5. Any payments not received on or before the due date shall accrue interest between the due date and date of receipt. Interest shall be based on the prevailing rate of return earned by Palo Alto’s investments during that period.

6. In the event of early termination of this Agreement, in accordance with Section 2 of the Agreement, Palo Alto shall bill Agency a proportional amount of the quarterly payment that covers the quarter during which such termination is effective.

7. For any animal(s) required to be housed at PAAC over ninety (90) calendar days, Agency will be assessed a daily charge of $20 per animal plus any expenses necessary to care for the animal(s), commencing the ninety-first (91) day of impoundment.

8.7.Any unforeseen changes in State requirements relating to the care and housing of animals shall be the fiscal responsibility of Agency once implemented by Palo Alto based on Agency’s animals handled.

SECTION 6: Indemnification and Hold Harmless
Agency expressly agrees to indemnify and hold harmless Palo Alto, its officers, agents, employees and servants from all demands, claims, liabilities, losses, charges, costs, or damages caused by or arising out of Agency’s negligent or willful misconduct in the performance of this Agreement.

Palo Alto expressly agrees to indemnify and hold harmless Agency, its officers, agents, employees and servants from all demands, claims, liabilities, losses, charges, costs, or damages caused by or arising out of Palo Alto’s negligent or willful misconduct in the performance of this Agreement.

SECTION 7: Notices
All notices shall be submitted, in writing, and sent by the United States Mail, certified and postage prepaid, by private express delivery service, by facsimile transmission followed by

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4 delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing.

Palo Alto: City of Palo Alto
Director of Community Services
1305 Middlefield Road
Palo Alto, CA 94301
Agency: Town of Los Altos Hills
26379 Fremont Rd.

Los Altos Hills, CA 94022
SECTION 8: Miscellaneous

1. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any changes resulting in Program modifications shall be provided in writing by Palo Alto to Agency and must be agreed upon and accepted by Agency as soon as legislative bodies enact any new or modified regulations regarding animals, their care and housing.

2. Palo Alto shall not be deemed in default on account of any delay or failure to perform any obligations in accordance with Agency laws, the laws of the State of California, the Palo Alto Municipal Code, and the terms of this Agreement, which directly results from an Act of God, including, without limitation, the act of a superior legal authority or an occurrence of nature.

3. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect.

4. The prevailing party in any action brought to enforce the terms of this Agreement may recover from the other party its reasonable costs and attorneys’ fees expended in connection with such an action.

IN WITNESS WHEREOF, the parties have executed this Agreement in Palo Alto, County of Santa Clara, California, on the date first above stated.

CITY OF PALO ALTO TOWN OF LOS ALTOS HILLS
City Manager Town Manager
ATTEST: ATTEST:

APPROVED AS TO FORM: APPROVED AS TO FORM:

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5 ___________________________ ___________________________ Deputy City Attorney City Attorney
ATTACHMENTS:

EXHIBIT “A” SCOPE OF SERVICES

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6 EXHIBIT “A”
Scope of Services
Palo Alto shall provide animal control and sheltering services to Agency as set forth in this Exhibit and in compliance with all related applicable laws of the State of California.

Field Services will be provided seven (7) days a week as follows:

Field Services: 9 hours per day
Regular hours 8:00am – 5:00pm
On-Call hours 5:00pm – 8:00am
PublicShelter Services: PIN’s Shelter business hours shall be a minimum of six (6) days per week and forty (40) hours per week. PIN shall post the public hours on its website, and inform Palo Alto and Contract Cities in writing of any change in hours. Shelter shall be closed on designated holidays.

SECTION 1: Agency Assist
Palo Alto Animal Control Officer (ACO) while on his/her regular duty shift will assist Agency with the control of respond to reports of:
• dangerous, aggressive, vicious, and/or attacking animals (domestic or wild). • ACO will assist Agency staff in the rRescue of dogs or catsanimals in immediate distress. • ACO will assist Agency to capture unattended, stray dogs when conditions are safe to do so.
• ACO will assist Agency staff in the active investigation of animal cruelty, abuse, or neglect incidents. Agency will be responsible for all criminal filings. • Upon request by Agency staff, ACO will assist in the investigatInvestigate ion reports of animal on animal attacks.
• If Agency takes enforcement action surrounding an animal violation, Agency may request assistance of ACO to impound animal(s) and provide appropriate care at PAAC during the administrative process.
• PAAC on-duty ACO’s will assist Agency by investigating all excess number of animal and leash law complaints.
• Agency designates ACO as “Animal Control Officer” as defined in Los Altos Hills Municipal Code Title 6, Chapter 1 “Animals” (“Chapter 1”). ACO will serve as primary enforcement of Chapter 1 during Regular Hours and will respond according to availability and severity of the incident. Agency will provide enforcement during other times.

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7 SECTION 2: Field Impound
• ACO will impound animals under special custody situations in accordance with PAAC’s Protective Custody Policy, which would include owner arrest, hospitalization, fire, etc. Agency staff will provide ACO/PAAC staff with owner information before the end of Agency staff shift if known to Agency staff.

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8 • Confined, stray domestic animals (including those in rented PAAC/PIN humane box traps) shall be picked up during regular hours from both citizens and the Agency.

SECTION 3: Stray Animals
• ACO will respond to reports of, and impound at large or confined, stray animals during regular hours when the owner is not present.
• ACO will pick up and dispose of reported dead stray animals during regular hours.
• Residents from Agency’s jurisdiction may bring stray animals to PAAC PIN during regular business hours. After hours, animals may be taken to the holding area at Palo Alto Police Department. The following day, ACO will pick up and transport to the shelter for care and housing.
• Stray animals located in Agency’s jurisdiction that are taken to the shelter shall be provided care and housing. A lost and found log will be maintained at shelter in an attempt to reunite animals with owners.

SECTION 4: Disposition of Stray or Surrendered Animals
• At the conclusion of any required holding period, stray or surrendered animals may either be placed for adoption or humanely euthanized at PAAC’s or PIN’s discretion. All animals placed for adoption shall be spayed or neutered, microchipped and vaccinated prior to placement.

SECTION 5: Surrenders
• Residents from Agency’s jurisdiction may surrender their animal(s) during regular business hours at PAACPIN without an appointment. Residents must provide proof of residency and picture identification at the time of the surrender.
• PAAC provides disposal service for owned, dead animals for a service fee. If owner requests animal to be picked up from their home, there will be an additional fee charged to the animal owner. This service is provided during regular business hours at PAAC and pursuant to the City of Palo Alto’s Municipal Fee Schedule.

SECTION 6: Bites/Quarantine
• ACO will assist Agency staff withinvestigate all animal bite on to human

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9 incidents, and quarantine or rabies test the biting animal when required. When a dog on human bite occurs during regular hours or is in progress, ACO will respond and direct the quarantine process per California Health and Safety Code 121575 et seq. ACO will provide a report documenting the quarantine, witness

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10 statements and the action of the animal. PAAC will provide the report to the Agency upon request. Agency will be responsible for all criminal filings. For after hour incidents that are not in progress, the Agency will take an initial report and provide PAAC with a copy of the report by the end of the shift. • PAAC shall provide for the control of rabies through quarantine and testing consistent with the provisions of California Health and Safety Code 121575 et seq.

PAAC shall be responsible for filing the Annual report of Local Rabies Control Activities and Statement of Enforcement with the California State Department of Health Services.
• Animal bite on human incidents reported by medical personnel will be accepted and documented by an ACO. PAAC will notify Agency of relevant jurisdiction of the incident for evaluation of criminal filing.
• PAAC PIN shall provide one “actual” at cost rabies vaccination clinic in accordance with State law.

SECTION 7: Animal Licensing
• PAAC shall issue and maintain a dog licensing program for Agency including issuing Administrative Citations for licensing violations. • Dog licenses will be processed at PAAC, by mail, and/or online. PAAC and PIN shall provide the licensing applications to residents.
• PAAC will mail reminder notices prior to the expiration of the dog license. • Cat identification tags will be available at PAAC and a database will be maintained.
• Microchip implantation and information will be available at PAAC PIN for a fee and a database will be maintained.

SECTION 8: Veterinary Care
• Veterinary care for sick or injured stray animals will be provided. • The PAAC VeterinarianCity of Palo Alto shall oversee all animal health, hygiene, and nutritional needs of the animals under the care of PAACPIN.

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11 SECTION 9: Wildlife
• ACO will respond to and assess reports of transport and asses sick, /injured, or orphaned wildlife. Under the direction of the City Veterinarian, animals may be transported to the South Peninsula Emergency Veterinary Clinic during regular hours.

On-call response will be for wild mammals only.If impound is necessary, PAAC may euthanize or request PIN arrange for the animals transport to the nearest wildlife rehab center.
• Nuisance wildlife calls will be referred to Santa Clara County Vector Control or to a private pest control company. No service provided by ACOs. • ACO will assess and may respond to complaints of wildlife presenting a threat to human safety and take appropriate action. Agency will assist upon request from ACO.
• ACO will pick up dead wildlife on public streets/land weighing up to 50 pounds. For animals over 50 pounds, AgencyPAAC may contact a designated rendering company for removal. Removal of dead wildlife on private property should be referred to the designated rendering company and associated costs will be the responsibility of the resident

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IMPOUNDS SURRENDER RETURN WILDLIFE DEAD DOM EUTH PIN INTAKE TOTAL

DOMESTIC
PALO ALTO 1,628 280 42 444 109 22 2,525
LOS ALTOS 272 38 4 147 15 12 488
LA HILLS 180 27 23 2 3 235
UNICORP SCCO 3 1 4
Others 55 48 26 51 48 132 360
Total 2,138 393 72 0 666 174 169 3,612

WILDLIFE
PALO ALTO 5,116 311 5,427
LOS ALTOS 991 79 1,070
LA HILLS 337 15 352
UNICORP SCCO 6 6
Others 309 1 310
Total 0 0 0 6,759 406 0 0 7,165
TOTAL 2,138 393 72 6,759 1,072 174 169 10,777
INTAKES BETWEEN 01/01/14 AND 01/01/19
Palo Alto Animal Shelter
Kennel Statistics (PIN + ACO)
BIRD CAT DOG OTHER WILD Total
LA HILLS 11 112 68 42 354 587
LOS ALTOS 31 226 166 58 1,077 1,558
MT VIEW 1 1 4 1 41 48
OTHER 11 111 192 37 271 622
PALO ALTO 216 1,099 886 289 5,462 7,952
UNICORP SCCO 1 3 6 10
Total 270 1,550 1,319 427 7,211 10,777
0 1000
2000
3000
4000
5000
6000
7000

IMPOUNDS SURRENDER RETURN WILDLIFE DEAD DOM EUTH PIN INTAKE 2138
393 72
6759
1072
174 169
Same data, seperated
by animal type
"PIN Intake" on this
report is actually City of
Palo Alto transfers
ITEM 7K Attachment 4

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ADOPTION RTO WLDRELEASE RELOCATE TRANSFER Total

DOMESTIC
PALO ALTO 773 609 2 3 329 1,716
LOS ALTOS 108 128 72 308
LA HILLS 79 78 1 17 175
Others 191 16 36 243
Total 1,151 831 2 4 454 2,442

WILDLIFE
PALO ALTO 1 472 197 1,638 2,308
LOS ALTOS 49 23 279 351
LA HILLS 25 12 62 99
Others 222 222
Total 1 546 232 2,201 2,980
Total 1,152 831 548 236 2,655 5,422
DISPOSAL EUTH DIED Total

DOMESTIC
PALO ALTO 426 308 24 758
LOS ALTOS 136 40 4 180
LA HILLS 21 39 3 63
Others 51 58 1 110
Total 634 445 32 1,111

WILDLIFE
PALO ALTO 2,208 520 301 3,029
LOS ALTOS 548 102 58 708
LA HILLS 185 45 20 250
Others 15 35 15 65
Total 2,956 702 394 4,052
Total 3,590 1,147 426 5,163

DECEASED
LIVE
Palo Alto Animal Shelter Kennel Statistics (PIN + ACO)
OUTCOMES BETWEEN 1/1/2014 and 1/1/2019

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LA HILLS LOS

ALTOS MT VIEW OTHER PALO ALTO
UNICOR
P SCCO Total
BAT 1 1
CAT 8 6 30 4 51 99
DOG 25 19 63 2 31 218 1 359
RACCOON 1 1
SKUNK 3 3
SQUIRREL 1 1
Total 33 25 93 2 35 275 1 464
Animal Bite Reports
BETWEEN 1/1/2014 and 1/1/2019
(bites to humans only)

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Administrative Citation Totals
BETWEEN 1/1/2014 and 1/1/2019

LA HILLS LOS ALTOS PALO ALTO
BARKING 2
HOT CAR 1
NO LEASH 4
NO LIC LA 2 1
NO LIC LH 1
NO LIC PA 2
PERMIT REQ LS 3
RABIES REQ LA 2
Total 4 14

CITATION
AT LARGE 10
BARKING 4
HOT CAR 3
INTER ACO 1
NO LEASH 20
NO LIC LA 47 2 797 3
NO LIC LH 21 452
NO LIC PA 57 1 1,585
PERMIT REQ 1
PERMIT REQ LS 2
POSS DANG/WLD 1
RABIES REQ LA 302 1
RABIES REQ LH 179
RABIES REQ PA 2 1 779
Total 127 633 1,101 2,410
COMP
LAINT
NO LIC PA 2
RABIES REQ PA 1
Total 3
WARNIN
G
AT LARGE 6
BARKING 6
BEES 1
HOT CAR 7

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LA HILLS LOS ALTOS PALO ALTO

WARNING

MAINTENANCE
1 NO LEASH 16

NO LIC LA
11 NO LIC PA 16
NUMB. OF DOGS
1 OTHER VIOL
1 PERMIT REQ LS 12

RABIES REQ LH
1 RABIES REQ PA 12
Total
2 80
TOTAL 127 635 1,105 2,507

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ACO Calls For Service
BETWEEN 1/1/2014 and 1/1/2019
LA HILLS LOS ALTOS MT VIEW OTHER PALO ALTO UNICORP SC Total AGGRESSIVE 1 7 17 120 145
ASST 9 58 86 1 8 877 6 1,045
DEAD 46 223 708 1 2,330 2 3,310
INSPECT 15 1 1 284 301
INV 21 35 83 3 910 1,052
OTHER 9 10 18 125 162
OWNED 2 2 7 50 61
PATROL 40 40
PC 5 30 1 36
RESCU 3 4 1 8 16
STRAY 44 235 518 3 2 2,620 2 3,424
TRANS 2 2 2 2 9 17
WELFARECK 11 36 36 556 1 640
WILD 72 119 252 1 17 1,572 3 2,036
YRDCK 1 1 2
Total 235 732 1,735 6 32 9,532 15 12,287
Average Response Time = 00:28 PALO ALTO:

Average Response Time = 00:26 LOS ALTOS:

Average Response Time = 00:30 LA HILLS:

Average Response Time = 00:12 :

OTHER: Average Response Time = 00:32
Average Response Time = 00:09 UNICORP SCCO:

MT VIEW: Average Response Time = 00:31

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IMPOUNDS SURRENDER RETURN WILDLIFE DEAD DOM EUTH PIN INTAKE TOTAL

DOMESTIC
PALO ALTO 1,608 447 37 371 19 15 2,497
LOS ALTOS 254 94 3 112 7 7 477
LA HILLS 294 62 33 3 392
Others 241 163 155 70 36 1,811 2,476
Total 2,397 766 195 0 586 62 1,836 5,842

WILDLIFE
PALO ALTO 3,432 1,716 5,148
LOS ALTOS 704 349 1,053
LA HILLS 262 72 334
UNICORP SCCO 6 1 7
Others 72 3 75
Total 0 0 0 4,476 2,141 0 0 6,617
TOTAL 2,397 766 195 4,476 2,727 62 1,836 12,459
INTAKES BETWEEN 01/01/19 AND 01/01/24
Palo Alto Animal Shelter
Kennel Statistics (PIN + ACO)

BIRD CAT DOG OTHER PIN
Transfer
WILD Total
FOSTER 1 11 12
LA HILLS 15 202 77 97 335 726
LOS ALTOS 24 260 131 64 1,051 1,530
OTHER 9 307 327 64 75 782
PALO ALTO 181 1,159 815 352 5,138 7,645
PIN RWC 108 248 3 359
PIN TRANSFER 755 599 44 1,398
UNICORP SCCO 7 7
Total 229 2,791 2,198 624 11 6,606 12,459
0 500
1000
1500
2000
2500
3000
3500
4000
4500

IMPOUNDS SURRENDER RETURN WILDLIFE DEAD DOM EUTH PIN INTAKE 2397
766
195
4476
2727
62 1836
Same data, seperated
by animal type

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ADOPTION RTO WLDRELEASE RELOCATE TRANSFER Total

DOMESTIC
PALO ALTO 865 572 2 282 1,721
LOS ALTOS 90 108 66 264
LA HILLS 86 162 23 271
Others 2,425 37 2 240 2,704
Total 3,466 879 4 611 4,960

WILDLIFE
PALO ALTO 238 136 1,079 1,453
LOS ALTOS 1 44 19 245 309
LA HILLS 20 12 101 133
Others 1 57 58
Total 1 303 167 1,482 1,953
Total 3,466 880 303 171 2,093 6,913
DISPOSAL EUTH DIED MISSING Total

DOMESTIC
PALO ALTO 392 88 27 2 509
LOS ALTOS 112 19 4 1 136
LA HILLS 35 8 7 50
Others 94 57 37 188
Total 633 172 75 3 883

WILDLIFE
PALO ALTO 2,876 621 165 3,662
LOS ALTOS 574 123 29 726
LA HILLS 144 42 13 199
Others 4 12 6 22
Total 3,598 798 213 4,609
Total 4,231 970 288 3 5,492

DECEASED
LIVE
Palo Alto Animal Shelter Kennel Statistics (PIN + ACO)
OUTCOMES BETWEEN 1/1/2019 and 1/1/2024

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LA HILLS LOS ALTOS OTHER PALO ALTO UNICORP
SCCO Total
BAT 1 2 10 13
CAT 9 39 12 104 1 165
CHINCHILLA 1 1
COYOTE 1 2 3
DOG 34 108 67 379 2 590
DONKEY 1 1
HAMSTER 1 1 2
HORSE 1 1
MACAW 1 1
MOUSE 1 1 2
PARROT 1 1
RABBIT SH 2 2
RACCOON 4 4
RAT 1 1 2
SKUNK 6 6
SQUIRREL 4 4
UNKNOWN 2 2
Total 46 151 81 519 3 800
Animal Bite Reports
BETWEEN 1/1/2019 and 1/1/2024
(bites to humans only)

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Administrative Citation Totals
BETWEEN 1/1/2019 and 1/1/2024

LA HILLS LOS ALTOS PALO ALTO TOTAL

CITATION
AT LARGE 28 28
AT LARGE (LAH) 3 3
BARKING 4 4
DOA IN PUBLIC 1 1
DOGS IN PARKS/OPEN SPACE 1 1
HOT CAR 3 3
INTER ACO 3 3
MAINTENANCE 1 1
NO LEASH 36 36
NO LEASH/NUISANCE (LA) 1ST 3 3
NO LIC LA 2 128 1 131
NO LIC LA #2 1 1
NO LIC LH 55 55
NO LIC PA 1 308 309
OTHER VIOL 1 1
PERMIT REQ GR 1 1
PERMIT REQ LS 47 47
POSS DANG/WLD 1 1
RABIES REQ LA 74 1 75
RABIES REQ LA #2 1 1
RABIES REQ LH 36 36
RABIES REQ PA 217 217
VIOLATION OF PARK REGULATION 1 1
Total 97 207 655 959

WARNING
ANIM WASTE 1 2 2
AT LARGE 16 16
AT LARGE (LAH) 4 4
BARKING 4 4
CONFINEMENT OF ANIMALS (LA) 1 3 3
DOGS IN PARKS/OPEN SPACE 3 3
HOT CAR 1 1

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LA HILLS LOS ALTOS PALO ALTO TOTAL

WARNING
INTER ACO 2 2
NO LEASH 3 55 58
NO LEASH (LAH) 1 1
NO LEASH/NUISANCE (LA) 1ST 9 9
NO LIC LA 15 5 20
NO LIC LH 1 1 2
NO LIC PA 106 106
NUMB. OF DOGS 6 6
NUMB. OF DOGS SPAY 1 1
PERMIT REQ BR 1 1
PERMIT REQ GR 1 1
PERMIT REQ LS 3 3
PERMIT REQIRED 1 1
RABID ANIMAL 2 2
RABIES REQ LA 13 2 15
RABIES REQ LH 1 1 2
RABIES REQ PA 84 84
UNSP FEM. CAT 1 1
UNSP FEM. DOG 2 2
VIOLATION OF PARK REG: R1-30 15 15
VIOLATION OF PARK REG: R1-32 1 1
Total 7 40 319 366
TOTAL 104 247 974 1,325

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ACO Calls For Service
BETWEEN 1/1/2019 and 1/1/2024
LA HILLS LOS ALTOS MT VIEW OTHER PALO ALTO UNICORP SC Total ABANDONED 11 11
AGGRESSIVE 31 40 3 240 314
ASST 24 41 6 357 4 432
COMPLAINT 3 1 26 30
DEAD 179 647 1 57 3,143 1 4,028
FOLLOWUP 14 37 4 125 180
INSPECT 1 11 148 160
INV 106 345 32 1,591 1 2,075
LEASH LAW 11 24 445 480
MESSAGE 1 2 14 17
MISSING 8 12 3 61 84
MUTUAL AID 4 4
NOTICE 4 13 483 500
OTHER 17 36 10 418 481
OUTREACH 9 19 2 70 100
OWNED 4 10 72 86
PATROL 1 128 1 262 392
PC 1 6 28 35
PERMIT 2 46 48
PHONE CALL 145 197 34 1,064 6 1,446
RESCU 1 2 3
RESCUE 1 1
STRAY 223 277 27 1,632 2 2,161
TRANS 5 16 16 40 77
WELFARECK 53 73 1 572 699
WILD 321 547 91 2,755 6 3,720
YRDCK 1 2 3
Total 1,162 2,486 1 287 13,611 20 17,567
Average Response Time = 00:22 PALO ALTO:

Average Response Time = 00:24 LOS ALTOS:

Average Response Time = 00:31 LA HILLS:

OTHER: Average Response Time = 00:38
Average Response Time = 00:11 UNICORP SCCO:

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MT VIEW: Average Response Time = 00:00

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Forecasted Costs for Los Altos and Los Altos Hills
Fiscal Year 23 25 26 27 28 29
Animal Shelter Costs (includes contingency to PIN) $ 703,581 $ 1,390,000 $ 1,431,700 $ 1,474,651 $ 1,518,891 $ 1,564,457Animal Control Costs $ 605,891 $ 639,289 $ 658,468 $ 678,222 $ 698,568 $ 719,525 Total $ 1,309,472 $ 2,029,289 $ 2,090,168 $ 2,152,873 $ 2,217,459 $ 2,283,983 New Percentages 15.5% Los Altos $ 149,280 $ 314,540 $ 323,976 $ 333,695 $ 343,706 $ 354,017New Percentages 7% Los Altos Hills $ 52,379 $ 148,138 $ 152,582 $ 157,160 $ 161,874 $ 166,731 Total from Both Cities $ 201,659 $ 462,678 $ 476,558 $ 490,855 $ 505,581 $ 520,748Los Altos Cost Increase $ 165,260Los Altos Hills Cost Increase $ 95,759 AssumptionsPIN's contract increases by CPI annually, so assuming 3% increase annuallyAnimal Control Costs are City of PA costs, so assuming increase of 3% annually Current agrement percentages are 11.4% Los Altos and 4% Los Altos Hills City of PA
Costs to PIN
& Internal
ITEM 7K Attachment 5

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Resolution __ -24 Page 1
RESOLUTION __ -24

RESOLUTION DIRECTING THAT THE PRIDE FLAG BE RAISED FOR THE MONTH OF JUNE 2024
WHEREAS, the City Council desires to display ceremonial and commemorative flags on Display Flag Poles as an expression of the City Council’s official sentiments; and WHEREAS, on October 20, 2022, the City Council adopted a Display Flag Poles Policy & Procedure; and
WHEREAS, the Town’s Display Flag Poles are not intended to serve as forums for free speech or expression by the public, and are intended only to display ceremonial and commemorative flags that express the official sentiment of the City Council; and WHEREAS, the City Council desires to raise the Pride Flag for the month of June 2024 in support of the LGBTQIA+ community (lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more) on Town owned flag poles.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby directs that the Pride Flag be raised from June 1-30th, 2024.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a Regular meeting held on 16
th of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Stan Mok, Mayor
ATTEST:
_____
Arika Miller, City Clerk
ITEM 7L Attachment 1

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TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Display Flag Poles Policy & Procedures
Approved by City Council: October 20, 2022

1. Purpose
The purpose of this document is to establish the policy and procedures to be followed by all Town employees regarding the display of ceremonial or commemorative flags on the flag poles throughout the Town (“Display Flag Poles”).

2. Policy
All flags shall be displayed in accordance with federal and state regulations, including Title 4, Chapter 1 of the United States Code, and Sections 430 through 439 of the California Government Code. Display Flag Poles are not intended to be a forum for free expression by the public.

Ceremonial or commemorative flags shall be displayed as an expression of the Town’s official sentiments. Ceremonial and commemorative flags elected for display will reflect the Town’s speech, not that of an individual community member or group, and therefore must be approved by City Council resolution.

The display of ceremonial or commemorative flags other than the flags of the United States of America, State of California, and Town of Los Altos Hills must be supported by at least one Council member for Council consideration. The Council will not review proposals for the display of ceremonial or commemorative flags from third parties directly, nor will the Town use its Display Flag Poles to sponsor the expression of a third party. Flag raising ceremonies shall be conducted in accordance with all applicable provisions of federal and state laws.

3. Procedures
The Town will authorize the display of ceremonial or commemorative flags on Display Flag Poles as an expression of the Town’s official sentiments upon adoption of City Council resolution:

A. A councilmember who wishes to propose the display of ceremonial or commemorative flags will contact the City Manager to request a draft resolution be presented to City Council.

B. Town staff will draft and present a resolution to City Council including a proposed date of flag-raising, the length of flag display, and expression of the Town’s official sentiments regarding the proposed flag.

ITEM 7L Attachment 2

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Draft Flag Display Policy and Procedures

Page 2 ends

C. The resolution must be approved by a majority of City Council members to be adopted.

B. Upon adoption of the City Council Resolution to display a ceremonial or commemorative flag, Town staff will follow the following guidelines:
a. The procurement of the flags for each Display Flag Pole shall be the responsibility of the Town.
b. Any flag-raising ceremony will not be allowed to take place in the street or in any other way block the public right of way.
c. Speakers may be permitted to speak on the Town’s behalf to present background information on the flag display.

C. Any exceptions to these guidelines must be approved by resolution of City Council.

D. If any of these guidelines are not followed, the Office of the City Manager has the right to suspend or cancel a flag-raising ceremony.
5171557.2

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ITEM 9A Staff Report
THE TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: Zoning Code Amendments (Los Altos Hills Municipal Code Title 10) An Ordinance amending various sections under Chapters 1 and 2 of Title 10, Zoning and Site Development, of the Los Altos Hills Municipal Code amending regulations relating to Accessory Dwelling Units in conformance with Government Code section 66314 et seq.; amending the Grading Ordinance under Article 4, Chapter 2, Title 10 to clarify City Engineer authority to consider wet season grading moratorium exceptions; establishing Low Barrier Navigation Centers as a permitted use within the Residential-Agricultural (R-A) zoning district in accordance with Government Code section 65660 et seq.; and updating regulations pertaining to Emergency Shelters in accordance with Government Code section 65583.

CEQA Review: Consider exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); statutory exemption pursuant to Government Code section 65583(a)(4); and statutory exemption pursuant to Public Resources Code Section 21080.17, as such exemptions are applicable.

FROM: Bradley Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager PP
RECOMMENDATION: That the City Council takes the following actions:

1. Waive reading and introduce an Ordinance (Attachment 1) amending various sections under Chapters 1 and 2 of Title 10, Zoning and Site Development, of the Los Altos Hills Municipal Code amending regulations relating to Accessory Dwelling Units in conformance with Government Code section 66314 et seq.; amending the Grading Ordinance under Article 4, Chapter 2, Title 10 to clarify City Engineer authority to consider wet season grading moratorium exceptions; establishing Low Barrier Navigation Centers as a permitted use within the Residential-Agricultural (R-A) zoning district in accordance with Government Code section 65660 et seq.; and updating regulations pertaining to Emergency Shelters in accordance with Government Code section 65583.

BACKGROUND
On January 30, 2023, the City Council adopted the 6th Cycle Housing Element to cover the planning period from 2023 through 2031. The California Department of Housing and Community Development (HCD) certified the adopted Housing Element, inclusive of certain technical revisions, on May 30, 2023.

An integral part of the Housing Element is the Implementation Program. The Implementation Program is divided into seven general categories, each of which contains multiple activities, tasks, and projects that would further the various goals, objectives, and policies of the Housing Element.

The categories include Housing Production; Constraint Removal; Housing Preservation and

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City Council Page 2
Muni Code Amendments to Implement
Housing Element Update
May 16, 2024
Improvement; Housing Assistance; Special Housing Needs; Affirmatively Furthering Fair Housing; and Education and Outreach. Individual tasks and projects include but are not limited to:
amendments to the Town’s Municipal Code to remove constraints on the development of housing; working with the Town’s partners on providing municipal sewer and other services to ensure that there is sufficient infrastructure capacity to accommodate the development anticipated under the updated Housing Element; and providing outreach including a website that contains information about service providers, emergency shelters, and tenant protections available to persons experiencing housing needs or challenging circumstances. Given that the Housing Element covers the 8 year planning period from 2023 through 2031, some of the programs have identified earlier dates of action/implementation than others. Some programs have already been implemented, and others have a regularly recurring review and reporting period.

The Ordinance and its amendments discussed in this staff report and presented to the Commission are proposed to address Housing Element Programs B-6, B-11, E-2, and E-3, all of which identified a target completion date of Q1 2024.

DISCUSSION
The four categories of amendments proposed for consideration include:

1. Amendments to the Los Altos Hills Zoning Ordinance to update regulations for Accessory Dwelling Units (ADUs) to reflect recently adopted State regulations for ADUs.

2. Amendments to the Zoning Ordinance to allow the City Engineer to authorize exceptions to the Town’s wet season grading moratorium.

3. Amendments to the Zoning Ordinance to establish Low Barrier Navigation Centers as an allowed use within the Residential-Agricultural (R-A) zoning district.

4. Amendments to the Zoning Ordinance to update regulations pertaining to Emergency Shelters to conform with regulations within the California Government Code.

These amendments are included as Exhibit A to the City Council Ordinance and elaborated in further detail below.

Accessory Dwelling Units
Regulations pertaining to ADUs are generally consolidated in Title 10, Chapter 1, Article 14 of the Zoning Ordinance. The past several years have seen several different bills get adopted in Sacramento that amend ADU regulations contained in the California Government Code. To bring the Town’s ADU regulations in line with the current State regulations, the following amendments have been proposed:

1. LAHMC Sec 10-1.1403(c)(3): the following text is added to the end of the section to ensure compliance with Assembly Bills 345 and 587: “…primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied.”
Staff notes that although the recently enacted AB 1033 includes certain additional provisions to potentially allow separate conveyance of ADUs from the primary dwelling

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pursuant to a condominium subdivision map, such allowance is at the discretionary of the public agency and not mandatory. As such, the proposed amendments only codify the mandatory separate conveyance provisions under AB 345 and 587.

2. LAHMC Sec 10-1.1403(e): the revisions to this section are made in compliance with new amendment to Government Code section 66321 (c)(3). This section now requires that front setbacks, along with other local development standards, cannot be applied to prohibit the construction of an ADU if the unit otherwise meets state and local requirements.

3. LAHMC Sec 10-1.1403(f): The following text is added after subsection 2: “(3) The maximum height of a detached Accessory Dwelling Unit shall be 18 feet on a lot that has an existing or proposed multi-family, multi-story dwelling or is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Sec 21155 of the California Public Resources Code. A further 2 feet of height is also allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.”

4. LAHMC 10-1.1404: this section was revised to clearly state objective standards that the Town utilizes in requiring accessory dwelling units to match the primary dwelling unit.

The matching requirement has been based on objective construction and numeric standards, rather than subjective determinations, in compliance with state law, and this revision provides further clarity to affirm this approach. The underlying objective standards have not changed; such standards will be the subject of subsequent discussion and undergo proposed revisions to be prepared by Town staff and considered by the Planning Commission before being presented to Council.

5. LAHMC 10-1.1409: this section was revised to reflect state law changes that now prohibits local governments from denying an ADU application based on the correction of nonconforming zoning or building code violations unless there is a threat to public health and safety from the ADU construction.

6. Other minor non-substantive changes have been made throughout the ADU ordinance to update statutory references and ensure internal consistency.

Grading Ordinance
During the adoption and certification of the Housing Element, the Town’s wet season grading moratorium within the Grading Ordinance (LAHMC Sec 10-2.401 et seq) was identified as a potential impediment to development. The conclusion reached was that adding language to the Municipal Code to grant the opportunity for exceptions or waivers to the grading moratorium would satisfactorily remove the impediment to development, while still preserving the ability to exercise discretion in ensuring development grading activities would be conducted safely. To address this, the following amendment to LAHMC Sec 10-2.404 is proposed:

The City Engineer shall may restrict grading operations during the wet season… This change would clarify the ability for the City Engineer to exercise discretion in allowing grading activity to occur within the moratorium period, subject to judgement on conditions based

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on recent past and predicted future weather conditions and duration of proposed construction activities. The change also aligns with current Town practice as the Town does not impose a blanket moratorium at all times, and therefore provides more clarity for applicants and staff.

Low Barrier Navigation Center
In its efforts to move the unhoused and underhoused into permanent housing as quickly and efficiently as possible, the State has promoted the establishment of Low Barrier Navigation Centers in communities experiencing various impacts from the housing crisis. To incorporate this into the Housing Element Implementation Program, there are two amendments proposed to the Municipal Code as follows:

A. LAHMC Sec 10-2.202: a definition of “Low Barrier Navigation Center” is added to define the term. As shown in the draft ordinance under Exhibit A, this definition defines a low barrier navigation center as a temporary living facility that focuses on moving people into permanent housing with case managers connecting individuals experiencing homelessness to a variety of services, and engaging in practices to reduce barriers to housing and related services.

B. LAHMC Sec 10-1.702: “Low-Barrier Navigation Center” is added as an additional use to Accessory Uses and Structures Permitted in the R-A district on property designated Institutional and/or Public on the Town’s Land Use Diagram, all consistent with the Housing Element. As shown in Exhibit A of the draft ordinance, these edits replicate the standards under state law that a low-barrier navigation center is required to meet, and establishes a ministerial process for approving these projects.

Emergency Shelter and Transitional Housing
The final proposed revision in this set of amendments is to revise the existing Emergency Shelter and Transitional Housing sections of the Zoning Ordinance. As with the Low-Barrier Navigation Center section, this will consist of amendments to the Definitions and the Accessory Uses language.

A. LAHMC Sec 10-1.202: adding a definition for Emergency Shelters to clarify what types of projects belong to this use. This definition is taken from the Health and Safety Code and defines emergency shelters to mean temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. These shelters may also include other interim interventions, including but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. LAHMC Sec 10-1.702: this section is revised to move emergency shelters from an accessory use to a primary use, as set forth in the Housing Element. It also clarifies the operational standards and requirements that emergency shelters must follow, and revises them to only include objective standards. These revisions follow the specific actions outlined in the Housing Element program requirement.

On May 2, 2024, the Planning Commission conducted a public hearing to consider the proposed amendments to the Municipal Code. Following discussion further clarifying the details and intent

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of the proposed amendments, the Planning Commission voted unanimously by resolution to recommend that the City Council adopt an Ordinance to amend the Municipal Code as described herein.

Next Steps
These will not be the final amendments that will be brought to the Planning Commission and City Council for consideration as part of the Housing Element Implementation Program. This set of code amendments are proposed as the first legislative actions to implement the 2023-2031 Housing Element programs, and additional revisions are anticipated pursuant to further implementation actions needed to accomplish additional goals and programs. It is anticipated that there will be subsequent code amendments or related changes that would require Planning Commission recommendation and approval by Council to implement additional Housing Element programs and/or comply with state law changes. For instance, the Planning Commission has conducted study sessions regarding the Town’s ADU regulations, and the Commission anticipates reviewing objective design standards for ADUs for additional updates. It is expected that the Commission and Council will have additional opportunities to explore revisions and refinements to the ADU Ordinance and other aspects of the Municipal Code and General Plan at a future meeting. As another example, the Town is also in the process of planning for the creation of multi-family residential land use designation and zoning districts, and additional work relating to residential uses, objective standards, and other ancillary amendments are expected to occur.

GENERAL PLAN
As noted, these changes were proposed and approved as part of the Implementation Program for the Housing Element of the General Plan. Specifically, these proposed amendments address Implementation Programs B-6, B-11, E-2, and E-3. They support the housing goals, programs, and strategies in the 2023-2031 Housing Element, comply with state housing laws and ADU legislation, promote housing production and mobility, and implement requirements relating to emergency shelters and low-barrier navigation centers as uses by right as required by applicable state law. As such, the proposed amendments are consistent with the General Plan and the Housing Element and also ensure compliance with State regulations in these respective areas.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendments are evaluated to be exempt under CEQA pursuant to CEQA Guidelines Section 15061(b)(3); statutory exemption pursuant to Government Code section 65583(a)(4); and statutory exemption pursuant to Public Resources Code Section 21080.17, as such exemptions are applicable. Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed amendments are regulatory actions taken in compliance with state law, and do not implement any land use projects or issue any entitlements for specific developments.

In particular, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are

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permit emergency shelters and low barrier navigation centers are also regulatory actions that do not approve specific projects, but instead establish “uses by right” as required by state law and ultimately would constitute ministerial projects where the approving agency does not exercise discretion under CEQA Guidelines section 15268. As such, it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment and therefore exempt under Section 15061(b)(3) as well as the applicable statutory exemptions. 2024-25 CITY COUNCIL WORK PLAN:

The implementation of the 6th Cycle Housing Element is a prominent Key Project in the Quality of Life & Community category of the 2024-2025 Workplan. The proposed ordinance would complete the following Key Outcomes of the Workplan Project: ADU Ordinance Update, Grading Ordinance Update, Emergency Shelter Ordinance Update, and LBNC Ordinance Update. This would also allow the Town to report positively to Housing and Community Development on the progress towards implementation of the Housing Element.

FISCAL IMPACT:

While associated specifically with the implementation of the Housing Element, the activities associated with the preparation and implementation of this Ordinance fall within the realm of general daily duties of Town staff. As such, there is no fiscal impact associated with the preparation of this Ordinance. Implementation of the amendments to the LAHMC within this Ordinance is expected to facilitate the development of housing within the Town, potentially generating an increase in Community Development Department permit revenue.

RECOMMENDATION
Staff recommends that the City Council:

1. Receive Staff presentation

2. Conduct a public hearing and hear all comments

3. Waive reading and introduce an Ordinance incorporating the proposed amendments to the Los Altos Hills Municipal Code to further implement the Town’s 6th Cycle Housing Element.

ATTACHMENTS

1. Draft Ordinance

2. Link to May 2, 2024 Planning Commission Meeting

3. Los Altos Hills Housing Element Implementation Program

4. Link to Los Altos Hills 2023-2031 Housing Element
implementing the provisions of Government Code Section 66314 et seq. relating to secondary dwellings. Similarly, the proposed amendments to

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ITEM 9A ATTACHMENT 1
ORDINANCE ______
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL

CODE TO AMEND REGULATIONS RELATING TO ACCESSORY DWELLING UNITS; GRADING MORATORIUM EXCEPTIONS; LOW BARRIER NAVIGATION CENTERS; AND EMERGENCY SHELTERS, IN ACCORDANCE WITH STATE HOUSING LAWS AND LOS ALTOS HILLS 2023-2031 HOUSING ELEMENT WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; and
WHEREAS, the State Legislature has enacted a number of laws relating to streamline approvals of housing development projects; expand accessory dwelling units (“ADU”) opportunities; and to promote housing supply, growth and mobility; and WHEREAS, several state legislations in particular have gone into effect between 2016 and 2023 which, among other things, requires municipalities to ministerially approve ADUs and Junior ADUs (“JADU”), and to limit local authority to impose standards such as setbacks, height, lot coverage, and architectural compatibility, parking, and utility connection and fee requirements; and
WHEREAS, similarly, the Legislature also enacted Government Code sections 65662 and 65583 to permit emergency shelters and low-barrier navigation centers (“LBNC”) as uses by right in residential and/or mixed use zones, subject to specific objective standards; and WHEREAS, the adopted and state-certified 2023-2031 Housing Element (“Housing Element”) of the Town of Los Altos Hills (“Town”) contains numerous goals, policies and programs to streamline residential development projects and promote housing opportunities and mobility, which covers, among other things, the development of ADUs, consideration of wet season grading moratorium exceptions under the Grading Ordinance, and the permitting of emergency shelters/LBNCs in accordance with state law; and WHEREAS, specifically, the Housing Element considers ADUs an important part of the Town’s site inventory and housing strategy and included a number of programs to remove constraints and encourage and facilitate ADU developments in Los Altos Hills, including: monitor and revise the Town’s ADU regulations under Los Altos Hills Municipal Code (“LAHMC”) Title 10, Chapter 1 (the “Zoning Ordinance”) as appropriate to incorporate state legislative amendments; create ADU survey process to reduce ADU vacancies; and providing housing resources outreach and referrals to advertise vacant dwellings to find tenants from the larger region. Housing Element Program B-6 specifies: “monitor state law on an annual basis and revise the Zoning Ordinance as appropriate. . . the Town will make any revisions to the ADU ordinance as necessary per any further State review”; and
WHEREAS, Housing Element Program B-11 requires the Town to amend the current Grading Ordinance under LAHMC Section 10-2.404 to clarify the City Engineer’s ability to consider restricting grading permits rather than imposing a blanket requirement, so as to “allow grading permits to be issued year-round, subject to appropriate conditions of approval for seasonal constraints”; and

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WHEREAS, Housing Element Program E-2 requires the Town to amend its Zoning Ordinance to ensure emergency shelters are not subject to standards that do not apply to other uses in the Residential-Agriculture (R-A) zone or development standards that are not objective or inconsistent with state law, as required by Government Code section 65583(a)(4) and to ensure compliance therewith; and
WHEREAS, Housing Element Program E-3 requires the Town to, pursuant to Government Code section 65660 et seq. (as enacted by Senate Bill 48), amend its Zoning Ordinance to permit LBNCs meeting specific objective requirements by-right in areas zoned for mixed-uses and Public or Institutional Uses in the R-A zone; and WHEREAS, to accomplish these Housing Element programs, the Town has prepared a set of amendments to LAHMC Chapters 1 and 2 to incorporate the legislative changes identified above and as required by applicable State law (collectively, the “Zoning Text Amendments”); and WHEREAS, on May 2, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; at the hearing, the Planning Commission, by Resolution No. PC02-24 made findings and recommended the City Council adopt the proposed Zoning Text Amendments as deliberated upon by the Commission during the hearing; and
WHEREAS, on May 16, 2024, the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, the proposed Zoning Text Amendments are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to those with respect to amending regulations pertaining to ADUs, wet season grading moratorium considerations, and permitted uses for emergency shelters and LBNCs; and
WHEREAS, under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments including the revisions to the Grading Ordinance do not have a potential for creating a significant environmental effect as they do not implement any land use projects or issue any entitlements. In addition, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 66314 et seq. Likewise, the proposed amendments to permit emergency shelters and LBNCs as by-right uses are not subject to CEQA under Government Code sections 65660 et seq. and 65583(a)(4) as such approvals are not discretionary actions defined by state law; and WHEREAS, the proposed Zoning Text Amendments are intended to bring the Town’s ADU regulations in conformance with applicable State law, and to implement policies and

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programs consistent with State Housing Element Law, in a way that protects and promotes public safety, community welfare, and the Town’s character and aesthetic quality.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:

SECTION I. FINDINGS.

Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:

1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof.

2. Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public Resources Code section 21080.17, and Government Code sections 65660 et seq. and 65583(a)(4).

Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not implement any land use projects or issue any entitlements.

Additionally, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 66314 et seq. relating to secondary dwellings. Likewise, the proposed amendments to permit emergency shelters and LBNCs as by-right uses are not subject to CEQA under Government Code sections 65660 et seq. and 65583(a)(4) since such “uses by right” are not discretionary actions as defined by state law. CEQA also does not apply to ministerial projects where the approving agency does not exercise discretion under CEQA Guidelines section 15268.

3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder.

4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, complying with state housing laws and ADU legislation, promoting housing production and mobility, and implementing requirements relating to emergency shelters and lowbarrier navigation centers as uses by right as required by applicable state law. The amendments proposed in the Ordinance would accomplish the program goals identified in the Housing Element and continue to implement the Town’s housing strategies in compliance with state law.

SECTION II. AMENDMENT.

Chapters 1 and 2, Title 10, of the Los Altos Hills Municipal Code, are hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

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SECTION III. SEVERABILITY.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall become effective thirty (30) days from and after its adoption.

INTRODUCED: ______________, 2024
PASSED: _______________, 2024
AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney

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EXHIBIT A
SECTION I. Revisions to Article 14, “Accessory Dwelling Units” of Chapter 1 of Title 10 Sections 10-1.1401, 1403, 1404, 1407, 1409 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.
. . .

Section 10-1.1401 Purpose and intent.

The purpose of this article is to establish regulations governing the development of accessory dwelling units on residential zoned properties with a single-family dwelling within the Town of Los Altos Hills. The establishment of these regulations will encourage the construction of accessory dwelling units and contribute to the community’s housing stock while ensuring that the new units are consistent with the semi-rural hillside character of the town Town and do not create any significant impacts with regards to traffic flow or public safety. The regulations further promote and achieve the goals and policies in the town Town’s housing element within the general plan and comply with state laws related to accessory dwelling units, including California Government Code section 65852.2 66314 et seq.

Section 10-1.1403 General standards and requirements.
. . .
(a) Type and unit size.
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family dwelling unit provided that the lot has adequate access to water and sewer or septic services, or as otherwise allowed per California Government Code 65852.2(e)(1)(A) and (B) sections 66323(a)(1) and (2). (c) Occupancy.
(1) An accessory dwelling unit or junior accessory dwelling unit may be rented separately from the primary dwelling unit.
(2) An accessory dwelling unit or junior accessory dwelling unit shall be rented for a period of no less than thirty-one (31) days and cannot be occupied as a short-term rental unit, as defined under section 10-1.1202.
(3) Accessory dwelling units and junior accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied.
. . .

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(e) Setbacks.

An accessory dwelling unit shall comply with the following setback requirements:
(1) Setbacks for an accessory dwelling unit are as follows:
i. The front yard setback, which is measured from the edge of the property lines adjacent to the primary public or private street right-of-way or access easement, shall be forty (40) feet. This requirement shall not be construed to prohibit the construction of an accessory dwelling unit in compliance with Government Code section 66321(b)(3).
(f) Height.
(1) The maximum height of an attached accessory dwelling unit shall meet may be up to the required maximum height for a primary dwelling unit pursuant to section 10-1.504; (2) The maximum height of a detached accessory dwelling unit shall be one story and sixteen (16) feet on a lot with an existing or proposed primary dwelling unit. (3) For detached accessory dwelling units on a lot with an existing or proposed primary dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined under Public Resources Code section 21155, the maximum height shall be 18 feet, or 20 feet where necessary to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(g) Parking and access.

An accessory dwelling unit shall comply with the following parking and site access requirements:
(1) Vehicular access to an accessory dwelling unit from the nearest public or private street shall be provided by a common driveway with the primary dwelling; (2) No additional on-site parking shall be required for an accessory dwelling unit or the primary dwelling unit if the accessory dwelling unit application is submitted with the application to create the primary dwelling unit, for any of the following:
i. The unit is a junior accessory dwelling unit;
ii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an accessory dwelling unit;
iii. The accessory dwelling unit is located within one-half mile walking distance of public transit;
iv. The accessory dwelling unit is located within an architecturally and historically significant historic district;
v. The accessory dwelling unit is converted from the proposed or existing floor area of the primary dwelling or an existing accessory structure;

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vi. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
vii. When the accessory dwelling unit is within one block of a car share vehicle;. (3) No additional on-site parking shall be required for a primary dwelling unit for the construction of a junior accessory dwelling unit.

Section 10-1.1404 Design requirements.

An accessory dwelling unit shall be reviewed and approved without discretionary review or a hearing. As part of the planning department’s ministerial approval, the following objective design requirements shall be confirmed:
(a) The design of the accessory dwelling unit shall be as follows:
(1) For a detached unit, it shall relate to match the design of the primary dwelling by use of similar the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.;
(2) For attached units, it shall be constructed so that the entire structure appears to be one dwelling including by use of the same building form, color tones, window styles types, and window and door trims;
. . .

Section 10-1.1407 Incentives.
. . .

The city council may establish and set by resolution all fees and charges, consistent with Government Code sections 65852.2 and 65852.22 66314 et seq., and related provisions, as may be necessary to effectuate the purpose of this article.
. . .

Section 10-1.1409 Accessory dwelling unit amnesty.

Owners of existing non-permitted accessory dwelling units which were constructed or otherwise in existence prior to December 31, 2019, may apply for a building permit to legalize the unit subject to conformance with the regulations in this article, the current California building standards code in effect at the time of the application, and such rules and regulations as may be adopted by resolution of the city council. Notwithstanding the foregoing, an application for an accessory dwelling unit shall not be denied based on the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

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SECTION II. Revisions to Article 4, “Grading” of Chapter 2 of Title 10 Section 10-2.404, “Restrictions during wet season” is hereby amended as follows, with deletions in strikethrough and additions in red double underline. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.
. . .

Section 10-2.404 Restrictions during wet season.

The City Engineer shall may restrict grading operations during the wet season. The wet season is defined as the period between October 1st and April 30th. The City Engineer may allow grading to proceed during the wet season if precipitation has been minimal; if the grading technique to be used will minimize the risk of landslides, erosion, or damage to adjacent properties or environmentally sensitive areas from soil movement; or if it is in the interest of public health and safety to permit grading. Following any 24 hour period during the year in which one-half inch or more of rain has fallen the City Engineer may prohibit grading.

SECTION III. Revisions to Article 2 “Definitions” of Chapter 1 of Title 10 The following new definitions are hereby added to Section 10-1.202, “Designated”, shown in their entirety below and to be inserted in alphabetical order with other definitions.

Other articles, sections, subsections, paragraphs, definitions, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . .

Emergency Shelter means temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters may include other interim interventions, including but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Low-Barrier Navigation Center is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

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SECTION IV. Revisions to Article 7 “Residential-Agricultural District (R-A)” of Chapter 1 of Title 10
Subsection (j), “Emergency Shelter Housing”, of Section 10-1.702, “Accessory uses and structures permitted (R-A)”, is hereby deleted in its entirety.

Section 10-1.701 , “Primary uses permitted (R-A)”, is hereby amended as follows, with deletions in strikethrough and additions in red double underline. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.

Section 10-1.701 Primary uses permitted (R-A).

The following primary uses shall be permitted in the Residential-Agricultural District:
(a) Primary dwellings; and
(b) Agriculture, except those uses identified as prohibited under Section 10-1.706.; and (c) Emergency shelters, which shall operate under the following standards:
(1) An emergency shelter shall be located on property designated Institutional on the Town of Los Altos Hills Land Use Diagram;
(2) No individual may be denied emergency shelter because of the inability to pay. (3) Required parking shall be based on the number of staff to provide one space per individual but shall not exceed the parking requirements applicable to other residential or institutional uses in the same zone as set forth under Article 6 of this chapter. Parking spaces shall comply with the standards set forth under Section 10-1.601 (a)-(c). (4) The capacity of the shelter shall be limited to that required to meet community needs, as established by the most recent Town-wide homeless enumeration count; (5) The maximum number of beds shall be five (5) and length of stay shall not exceed six (6) months per individual;
(6) Each emergency shelter shall be three hundred (300) feet apart from another emergency shelter;
(7) The shelter shall be operated by a responsible, licensed social service provider with experience in managing or providing social services. The provider shall maintain one qualified on-site supervisor at all times;
(8) Exterior building light fixtures shall be shielded and downward facing, and limited to one (1) exterior light fixture per exterior doorway; and (9) A management plan shall be submitted to the Town prior to shelter operation. The plan shall include the following content: the provision of site security during operational hours, case management procedures, length of stay, in-take requirements, facility

Page 288 of 374 ends
Page 10 of 10 ends

operation standards, parking, hours of operation, services provided, and a monitoring and oversight program.
. . .

A new subsection (s), “Low Barrier Navigation Center”, is hereby added to Section 10-1.702, “Accessory uses and structures permitted (R-A)”, and shown in its entirety as follows. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . .
(s) Low-Barrier Navigation Center.
(1) A low-barrier navigation center shall be located on property designated Institutional and or Public on the Town of Los Altos Hills Land Use Diagram. (2) Planning Department approval is required prior to establishing a low-barrier navigation center project. Such approval shall be ministerial without discretionary review or a hearing.

Upon receipt of an application, the Planning Department shall notify the applicant whether the application is complete within 30 days pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. (3) A low-barrier navigation center shall meet the following requirements:
i. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
ii. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
iii. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
iv. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Page 289 of 374 ends

Town of Los Altos Hills Housing Element
Programs 209
Programs
A. Housing Production
Number Title Action Responsible
Party
Funding
Source Timeline
A-1
Availability of
Adequate Sites
for New Housing
to meet the
Regional Housing
Needs Allocation
(RHNA)
Rezone at least 34 acres via an overlay zone and rezone to ensure that the Town fully meets RHNA capacity
within three years of the adoption of the housing
element, including a buffer of 15% of the RHNA to
ensure adequate capacity.

Create a high density multifamily infill overlay zone that requires a minimum of 20 du/ac and permits densities
of at least 30 du/ac for at least 19 acres on institutional properties.

Rezone 15 acres from R-A to a new multifamily zone
with a minimum density of 20 du/ac.

The combined rezone and overlay zone will include
capacity for at least 377 units as identified in the sites inventory.

The Town will amend the zoning code to ensure
compliance all by-right requirements pursuant to
Government Code section 65583.2, subdivisions (h) and
(i) through Program A-4.

The Town will initiate the rezoning process, including the retention of a consultant to create a multifamily overlay zone with appropriate and objective development
PBD General
Fund
Complete
rezoning by Q1,
2026, or as
required by
state law
Mid-cycle
review in Q1
2027. Any
additional
zoning
amendments
by Q1 2028, or
as required by
state law
ITEM 9A ATTACHMENT 2

Page 290 of 374 ends

Town of Los Altos Hills Housing Element
Programs 210
Number Title Action Responsible
Party
Funding
Source Timeline
standards and design guidelines (see Program B-4B-4).

The overlay zone and any future zones will allow for a
variety of uses as identified in the constrains analysis of the Housing Element. This includes allowing for multifamily housing, SROs, and transitional and supportive housing as required by state law.

The Town will conduct a mid-cycle review of
development progress and the effectiveness of the new
zone in 2027. The review will address the availability of sites, progress toward development and likelihood of
residential development. Should the mid-cycle review
find that the zone and sites are not effective in
facilitating residential development in the planning
period, the Town will either identify additional incentives for existing sites, or additional sites for the overlay zone or rezoning within one year.

Quantified Objective: Provide adequate sites to
accommodate the Town’s entire RHNA allocation.

Selection of consultant by end of Q1 2023. Creation and implementation of multi-family housing overlay zone by
Q1 2026, or as required by state law. Rezone
approximately 34 acres to allow densities of 20-30
du/ac.

Page 291 of 374 ends

Town of Los Altos Hills Housing Element
Programs 211
Number Title Action Responsible
Party
Funding
Source Timeline
A-2
No Net Loss
Monitoring
To ensure that the Town monitors its compliance with
SB 166 (No Net Loss), the Town will develop a procedure to, and will, track:
• Unit count and income/affordability assumed on
parcels included in the sites inventory.
• Actual units constructed and
income/affordability when parcels are
developed.
• Net change in capacity and summary of
remaining capacity in meeting remaining RHNA.

The Town will resubmit APRs from any years that an APR
was not submitted.

Quantified Objective: No net loss of capacity below the RHNA requirement during the planning period.

PBD General
Fund By Q1, 2024
A-3 Surplus Lands
Assess Town-owned properties for their potential
redevelopment or development for residential uses that
include housing for extremely low-income households
and those with special needs such as seniors and
persons with disabilities. Pursuant to that assessment, identify sites with residential development potential.

Comply with surplus land determination process and
implement the Surplus Lands Act to annually review
Town-owned parcels, provide notices of availability,
engage in negotiation or disposal of sites declared to be surplus, provide affordable housing developers the first right of refusal for designated surplus lands, and comply PBD General
Fund
Annual review
in conjunction
with the review
of Surplus
Lands.

Develop list of
nonprofits by
Q1 2025.

Page 292 of 374 ends

Town of Los Altos Hills Housing Element
Programs 212
Number Title Action Responsible
Party
Funding
Source Timeline
with other applicable requirements regarding
development of affordable housing on surplus
properties and reporting requirements in compliance
with the Surplus Land Act.

There are no Town-owned properties included in the
RHNA. Should a Town-owned property be identified as
surplus through the annual review of lands as required
by the Surplus Land Act, the Town will provide required notices of availability of properties declared surplus in conformance with the requirements of the Surplus Land
Act, and will establish a schedule and process for
disposition via an RFP process within 6 months of
identification of surplus land. The Town will develop a list of active nonprofit housing developers in the region to receive RFPs.

A-4
By-Right Approval
of Projects with 20
Percent Affordable
Units on “Reuse” or
rezone and overlay
zone lower income
sites
The Town will amend the zoning code to ensure
compliance all by-right requirements pursuant to
Government Code section 65583.2, subdivisions (h) and
(i).

Pursuant to GC 65583.2(h) and (i), amend the Zoning
Ordinance to require by-right approval of housing
development that includes 20 percent of the units as
housing affordable to lower-income households, on
sites being used to meet the 6th Cycle RHNA that
represent “reuse sites” previously identified in the 4th and 5th cycles Housing Element.

Establish a by-right process for rezone sites and sites that are in the overlay zone to meet the lower-income
PBD General
Funds By Q1, 2026

Page 293 of 374 ends

Town of Los Altos Hills Housing Element
Programs 213
Number Title Action Responsible
Party
Funding
Source Timeline
RHNA shortfall.

A-5 Minimum Density
Amend the Zoning Ordinance to establish minimum
densities to ensure that parcels are able to be
developed at appropriate densities for lower-income
development, per Government Code section 65583.2(h).

PBD General
Fund By Q1, 2026
A-6
Inclusionary
Housing Ordinance
Conduct an inclusionary zoning feasibility study to
identify appropriate inclusionary requirements that will not constrain housing production. Upon a
demonstration of feasibility, develop and amend the
Zoning Ordinance to establish inclusionary housing
requirements so that new developments reserve up to
15 percent of the total units for lower- and moderateincome households.

Quantified Objective: With a determination of feasibility based on inclusionary zoning study, the Inclusionary
Housing ordinance to be adopted by Q1 2026. Creation
of 50-75 affordable units through the inclusionary
zoning process.

PBD General
Fund
The ordinance
will be adopted
by Q1, 2026
A-7
ADU Tracking and
Monitoring
Continuously track the Town's progress for ADUs. Each
year, analyze the affordability of ADUs built in the Town.

Within the Housing Element period, assess whether
additional strategies are necessary to increase ADU
production. If annual production and affordability rates do not match the estimates included in the Housing
Resources Section, update the RHNA strategy to ensure
that the Town continues to maintain adequate capacity
PBD General
Fund
Maintain
tracker as ADU
permits are
submitted.

Review
strategies
annually as part
the Annual

Page 294 of 374 ends

Town of Los Altos Hills Housing Element
Programs 214
Number Title Action Responsible
Party
Funding
Source Timeline
for all income-levels.

In the event of an ADU shortfall that results in a net loss of units below the RHNA, adopt another ADU program
within six months to facilitate additional ADU
production.

Additionally, the Town will conduct a mid-cycle review of development progress, including of ADU trends in 2027.

Should the mid-cycle review find that ADU trends are
not at the levels anticipated to meet the RHNA, the Town will either identify additional incentives for existing sites, or additional sites for the overlay zone or rezoning.

Quantified Objective: Development of 20 ADUs per
year, for a total of 160 during the planning period.

Progress
Report process.

Six months
after significant
mid-cycle
shortfall.

Mid-Cycle
review in 2027,
with any
additional
zoning
amendments
completed by
Q1 2028.

A-8
Pre-Approved ADU
Plans
The Town will develop pre-approved, “model” plans for
ADUs that meet building and fire codes, height and size requirements, including designs that are ADA accessible.

The Town will work with the Santa Clara County Housing
Collaborative on the option of creating a sub-regional
program of pre-approved ADU plans that are available
to all residents and cities in Santa Clara County. The
Town may use models developed by other cities.

The Town will require development of five or more units to include an ADU option in their development.

PBD General
Fund
By Q1, 2025

Page 295 of 374 ends

Town of Los Altos Hills Housing Element
Programs 215
Number Title Action Responsible
Party
Funding
Source Timeline
Quantified Objective: Develop four (4) pre-approved
plans for ADUs. Target development of 20 ADUs per
year, for a total of 160 during the planning period.

A-9
Outreach and
Technical
Assistance to RHNA
Site Owners and
Affordable Housing
Developers
To promote and facilitate the near-term development of
RHNA sites, especially to meet the needs of lower,
moderate, ELI and special needs households, the Town
will proactively conduct outreach annually to inform
property owners and affordable housing developers
with residential development potential and provide
technical assistance and coordination for property
owners and housing developers on RHNA sites.

Technical assistance includes but is not limited to:
permit processing, site design, and site placement, and infrastructure planning.

PBD General
Fund
Initially by Q3,
2023, and
annually
thereafter
A-10
Waive Pathway Fee
for ADUs
Extend the Pathway Impact fee waiver for ADUs through
RHNA cycle 6 planning period.

Quantified Objective: Development of 20 ADUs per
year, for a total of 160 during the planning period.

PBD General
Fund By Q3, 2023

Page 296 of 374 ends

Town of Los Altos Hills Housing Element
Programs 216
Number Title Action Responsible
Party
Funding
Source Timeline
A-11 Large Sites
To encourage and facilitate the development of
affordable housing on larger sites (greater than 10
acres), the City will regularly and at least once a year coordinate with property owners and assist in site
planning, parceling and other mechanisms to promote
site sizes between 1 and 10 acres and affordable
housing consistent with the assumptions in the sites
inventory.

Affordable housing projects will receive priority and
expedited review, and other incentives in conjunction
with Program B-1.

PBD General
Fund
Coordination
with property
owners on an
annual basis

Page 297 of 374 ends

Town of Los Altos Hills Housing Element
Programs 217
Number Title Action Responsible
Party
Funding
Source Timeline
A-12
Conversion to
Duplex or Triplex
To increase housing opportunity and mobility beyond
identified RHNA sites, the Town will amend the zoning
ordinance to allow existing, conforming single family
residences to be converted to up to three units (i.e., into a duplex or triplex), subject to objective development
standards to be prepared by the Town. These
conversion units would be permitted in residential areas in specific portions of the R-A zone that are in lower fire hazard areas with adequate water and sewer service
availabilities, as determined by the City Council through the zoning ordinance amendment process, which goal is
to identify areas that increase housing choice and
mobility throughout Town and will include areas equal
to at least 25% of conforming single family residences in the Town. The Town will conduct a mid-cycle evaluation
to examine progress of the conversion units program.

Quantified Objective: Conversion of 50 single family
homes to duplexes or triplexes throughout the planning
period.

PBD General
Fund
Amend Zoning
by Q1, 2027
A-13
ADU, SB 9 Survey
& Tracking
The Town will create a process to survey ADU and SB 9
applicants and owners of intended use and occupancy,
rent ranges to track affordability and occupancy as part of the application process. Town will conduct mid-cycle review and provide additional program requirements,
rezoning or additional incentives if ADU vacancies are
greater than 20% within six months.

Quantified Objective: 80% of ADUs are occupied.

PBD General
Fund
Develop
application
survey by Q2,
2023; mid-cycle
adjustments by
Q1 2028

Page 298 of 374 ends

Town of Los Altos Hills Housing Element
Programs 218
Number Title Action Responsible
Party
Funding
Source Timeline
A-14
Backup and
Replacement Sites
The Town will continue to identify and maintain a list of potential backup and replacement sites, including a web page location where residents can volunteer their
properties for possible future rezone for future
affordable housing and inclusion in the duplex/triplex
conversion program (A-12).

PBD General
Fund
Web page for
owners
operational by
Q3 2024
B. Constraint Removal
Number Title Action Responsible
Party
Funding
Source Timeline
B-1
Permit
Streamlining
Establish and implement expedited permit processing for affordable housing projects, including projects that qualify for density bonuses (in compliance with SB 35 and SB
330). Advertise the expedited permit process on the
Town’s website and circulate a notice with the Building Industry Association and Chamber of Commerce.

PBD General
Fund By Q1, 2026
B-2
Zoning and
General Plan
Densities
Amend the Zoning Ordinance to ensure that the
maximum density allowed the General Plan is achievable
(Housing Accountability Act/AB 3194).

PBD General
Fund By Q1, 2024
B-3
Density Bonus
Updates
Amend the Zoning Ordinance to update density bonus
regulations to meet updated state requirements (AB 2345, SB 1763, SB 1227).

PBD General
Fund By Q1, 2026

Page 299 of 374 ends

Town of Los Altos Hills Housing Element
Programs 219
Number Title Action Responsible
Party
Funding
Source Timeline
B-4
Objective
Standards
Pursuant to SB 330, adopt objective design standards and Design Review Board handbooks to ensure development
standards, design guidelines, and findings are objective, promote certainty in the planning and approval process.

This includes revising the definition of “family” to remove subjective language could be misinterpreted as a
requirement that would limit unrelated individuals from forming a household.

PBD General
Fund By Q1, 2026
B-5
Climate Action
Plan
Implementation/
Energy Efficient
Project
Streamlining
Provide incentives to encourage energy efficient projects, including implementation of the identified community
measures and actions identified in the 2021 Climate
Action Plan.

Actions include: incentives for electrification and energy efficient buildings, permit streamlining for electrification, a subsidized home electrification assessment, Electric
Vehicle Charging Station Permit Streamlining, and Reach Codes.

PBD General
Fund
Initially adopt
incentives by Q1,
2024 and
ongoing
throughout
planning period
B-6
ADU Ordinance
Update to Meet
State Law
Monitor state law on an annual basis and revise the
Zoning Ordinance as appropriate. The Town has sent the
ADU ordinance to the State and is currently in compliance with State law. The Town will make any revisions to the ADU ordinance as necessary per any further State review.

PBD General
Fund
Initially by Q1,
2024 and
annually
thereafter

Page 300 of 374 ends

Town of Los Altos Hills Housing Element
Programs 220
Number Title Action Responsible
Party
Funding
Source Timeline
B-7
Public Fees,
Standards, and
Plans Online
Pursuant to AB 1483, the Town will compile all
development standards, plans, fees, and nexus studies in an easily accessible online location. The Town will update its zoning and general plan maps to provide a high quality, parcel-specific reference.

Quantified Objective: Information will be available on
development standards, plans, fees, and nexus studies on Town website. Amendments to zoning and general plan
maps.

PBD General
Fund
Website
availability by
Q3, 2023 if not
already
available;
remainder
efforts by Q1,
2026
B-8 Infrastructure
Update Town Sewer Master plan with the projected
demand, and work with the City of Palo Alto and City of Los Altos to ensure the system has the required capacity.

Quantified Objective: An updated plan to provide
adequate infrastructure capacity for sewer and water to meet the Town’s RHNA for the planning period.

PBD
Sewer
Fund and
General
Fund
By Q1, 2026
B-9
Reasonable
Accommodations
Procedure
The Town will adopt a clear and objective procedure to
follow for reasonable accommodation requests for land
use and zoning decisions and procedures that ensures
that housing for people with disabilities is attainable without discretionary review. The reasonable
accommodations procedure will include procedures and
findings to ensure certainty and provide for clear decisionmaking standards for the process.

Quantified Objective: Adopted Reasonable
Accommodations procedure.

PBD General
Fund By Q1, 2025

Page 301 of 374 ends

Town of Los Altos Hills Housing Element
Programs 221
Number Title Action Responsible
Party
Funding
Source Timeline
B-10
SB 9 Ordinance
Amendments
The Town is in the process of adopting a revised,
permanent SB 9 ordinance and will complete an ordinance in compliance with state law by Q1, 2024. The permanent SB 9 ordinance will include a number of revisions from the interim ordinance including:
• Allow SB 9 units constructed on newly created SB
9 parcels to have default floor areas greater than
800 square feet as currently stated in the interim
ordinance, and require compliance with the
Town’s objective design standards which will be
prepared as a part of the permanent ordinance.

Additionally, allow SB 9 units the ability to obtain
additional floor areas based on availability of
Maximum Floor Area for the parcel and/or
adherence to standard setbacks and easement
dedication requirements as incentives. Maximum
size of SB 9 units constructed on existing parcels
will be determined through the Town’s Maximum
Floor Area/Maximum Development Area formula
applicable to single-family residential
developments in Town.
• Remove affordability restriction to promote
development of units of all income levels, rather
than only affordable units.

PBD General
Fund By Q1, 2024

Page 302 of 374 ends

Town of Los Altos Hills Housing Element
Programs 222
Number Title Action Responsible
Party
Funding
Source Timeline
B-11
Grading
Ordinance
Amendment
Amend the Town’s current grading ordinance Section 10-

2.404 to state that City Engineer “may” restrict grading permits instead of “shall” and to allow grading permits to be issued year-round, subject to appropriate conditions of approval for seasonal constraints.

PBD General
Fund By Q1, 2024
B-12
Improve Existing
Permit Tracking
System
Update and improve the Town’s permit tracking and
reporting system to provide transparency and consistency during development review. The updated permit tracking
system will allow applications to be submitted online, fee payment online, and include updated tracking of permit
status online.

Quantified Objective: Online tracking system available to applicants by Q2 2023.

PBD General
Fund By Q2 2023
B-13 Fee Nexus Study
Conduct fee nexus study and make appropriate revisions
to assure that the fees charged do not exceed the Town’s costs of delivering services. As a part of developing a fee schedule for multifamily uses, the City will establish and ensure fees will not constraint multifamily housing
development by Q1, 2025.

PBD General
Fund By Q1, 2027
B-14
Simplified
Planning Process
Prepare and upload a simplified worksheet for LUF
calculations for development projects
Quantified Objective: Available simplified LUF worksheet on Town website.

PBD General
Fund By Q1, 2024

Page 303 of 374 ends

Town of Los Altos Hills Housing Element
Programs 223
Number Title Action Responsible
Party
Funding
Source Timeline
B-15
Streamline
Committee
Review Process
Amend the Town’s Zoning Ordinance to limit advisory
committee meetings to one meeting, and require
comments be provided to the decision making body within thirty days of a complete application. Further, specify that advisory committee review shall only provide comments
relating to conformance with the General Plan, Municipal Code, Council- adopted policies and guidelines, and
specific, Objective Design Standards.

PBD General
Fund By Q3, 2024
B-16
Story Pole Policy
Revisions
The Town will develop a process to streamline the story pole requirement or will allow a rendering to be provided in lieu of Story Poles.

PBD General
Fund By Q3, 2025

Page 304 of 374 ends

Town of Los Altos Hills Housing Element
Programs 224
C. Housing Preservation and Improvement
Number Title Action Responsible
Party
Funding
Source Timeline
C-1
Preservation of
At-Risk Housing
Implement strategies to preserve future units identified as being at risk of converting to market-rate housing.

Strategies include:
• Monitoring project status annually.
• Notify property owners annually about compliance with the extended noticing requirement (three year, one-year, and 6 month Notice of Intent) under state law.
• Include preservation as an eligible use in Notices of Funding Availability.
• If below-market rate units appear to be at risk of
conversion, work with qualified operators, HCD, and the property owners to preserve the housing for lowerincome households.

PBD General
Fund
Ongoing,
annual
monitoring and
noticing
C-2 CDBG Allocations
Participate through Santa Clara County in the Federal
Housing and Community Development Block Grant
Program to provide housing rehabilitation loans for low and moderate income housing units/households. Make
information about CDBG funds available to the Town
residents on the Town Website.

PBD CDBG
Ongoing,
annual CDBG
allocation
C-3
Displacement
Prevention
Program
Pursuant to GC 65583.2(g)(3) and 65915(c)(3), ensure that when existing housing is demolished, at least an equivalent number of units at the same level of affordability as the existing units are created as replacements.

Quantified Objective: No net loss of affordable units.

PBD General
Fund
Ongoing, as
needed

Page 305 of 374 ends

Town of Los Altos Hills Housing Element
Programs 225
Number Title Action Responsible
Party
Funding
Source Timeline
C-4
Energy Efficient
Housing
Continue to implement the CALGreen Building Code and
Encourage Energy efficient buildings.

Assist/inform homeowners of PG&E energy efficiency
programs.

Quantified Objective: Inform 20 homeowners annually of
PG&E energy efficiency programs.

PBD General
Fund
Ongoing, as
needed
C-5
Water
Conservation
Publicize the County Water-Wise Audit and Lawn removal
incentive program. Under the program, residents can
receive up to a $3,000 rebate and commercial and multifamily properties can receive up to a $100,000 rebate by replacing high water using plants such as turf grass, with low water using plants from our Approved Plant List or by installing permeable hardscape.

PBD Valley
Water
Ongoing, as
needed
D. Housing Assistance
Number Title Action Responsible
Party
Funding
Source Timeline
D-1
Housing Choice
Vouchers
Assist eligible, low-income households in receiving
Housing Choice Voucher assistance. Market housing
vouchers and inform landlords that discrimination
based on source of income (including vouchers) is
prohibited.

Quantified Objective: Provide information on HCVs to
50 households throughout the planning period.

PBD
LIHTC
CalCHA
bonds
CHFA
HOME
Continuous
and ongoing

Page 306 of 374 ends

Town of Los Altos Hills Housing Element
Programs 226
Number Title Action Responsible
Party
Funding
Source Timeline
D-2
Affordable
Housing and
Services Funds.

Funding
strategies for
affordable
housing and
supportive
services
Allocate funding in a competitive process or issue
Notice of Funding Availability (NOFA), in an equitable
manner for affordable housing development and/or
supportive services.

Pursue funding sources for affordable housing through
LIHTC, CalCHA bonds, CHFA, HOME Investment
Partnership Program, etc. for affordable housing.

PBD
LIHTC
CalCHA
bonds
CHFA
HOME
Continuous
and ongoing
D-3
Landlord -
Tenant
Mediation
Continue to utilize Santa Clara County’s contract with a fair housing specialist to provide fair housing and
landlord/tenant mediation services. Provide LandlordTenant mediation through Los Altos Dispute Resolution Services or another similar service. Distribute
information about these services to tenants through a
variety of media and online outlets, namely the Town
website, the Los Altos Hills and paper materials at the Town Hall.

Quantified Objective: Increase inquiries to fair housing specialist for information and referral. Increase traffic and downloads to the Town’s housing website by 20%
throughout the planning period. Provide fair housing
materials at Planning and Development Services booth
at Town events at least once a year. Promote
educational materials and resources through at least
three different mediums (paper/hard copies, social
media, direct mailers, in-person events, website)
PBD
Fair Housing
Specialist
General
Fund
Continuous
and ongoing

Page 307 of 374 ends

Town of Los Altos Hills Housing Element
Programs 227
E. Special Housing Needs
Number Title Action Responsible
Party
Funding
Source Timeline
E-1
Fair Housing
and Mobility
Education and
Counseling
Provide education and literature on fair housing,
housing mobility, and resolving disputes; providing
Health, Safety and Building referrals; distributing
landlord/tenant guidebooks printed by the
Department of Consumer Affairs; provide Housing
Choice Voucher Assistance referrals; providing
counseling and resolution of housing discrimination
complaints.

Quantified Objective: Increase inquiries to fair
housing specialist for information and referral.

Increase traffic and downloads to the Town’s housing
website by 20 percent throughout the planning
period. Provide fair housing and housing choice and
mobility materials at Planning and Development
Services booth at Town events at least once a year.

Promote educational materials and resources
through at least three different mediums
(paper/hard copies, social media, direct mailers, inperson events, website). Provide educational materials to 50 people annually.

PBD General
Fund, CDBG
Continuous
and ongoing

Page 308 of 374 ends

Town of Los Altos Hills Housing Element
Programs 228
E-2
Emergency
Shelters
Amend the Zoning Ordinance to amend the
emergency shelters requirements to ensure that
shelters are not subject to standards that do not
apply to other uses in the R-A zone or development
standards that are not objective or inconsistent with
state law and to address spacing or proximity
requirements, bed limits, and parking requirements
in conformance with state law. These amendments
include crafting additional objective standards
consistent with Government Code section 65583(a)(4)
and related applicable state law and permitting
emergency shelters as a primary use in the R-A zone.

Specifically, Section 10-1.702.j of the Zoning
Ordinance will be reviewed and revised to ensure
compliance with Government Code section 65583 as
follows:
• Remove the requirements that emergency
shelters be within 1,000 feet of a public
transit stop
• Require that parking requirements are set
based on staff level only and not more than
other residential uses within the same zone
• Revise the requirement for submission of
management plan to contain objective
factors only- specifically, that the plan is to
demonstrate the provision of onsite
management (including in-take
requirements, facility operation standards,
hours of operation and services and
PBD General
Fund By Q1, 2024

Page 309 of 374 ends

Town of Los Altos Hills Housing Element
Programs 229
Number Title Action Responsible
Party
Funding
Source Timeline
oversight to be provided), length of stay,
lighting, and security for the facility
• Evaluate the maximum number of beds to be
served by the facility.
• Ensure that all standards that apply to
emergency shelters are objective
E-3
Low Barrier
Navigation
Centers
Pursuant to SB 48, amend the Zoning Ordinance to
establish provisions for low-barrier navigation
centers (LBNCs). Allow LBNCs that meet specific
objective requirements by-right in areas zoned for
mixed-uses and Public or Institutional Uses.

PBD General
Fund By Q1, 2024

Page 310 of 374 ends

Town of Los Altos Hills Housing Element
Programs 230
Number Title Action Responsible
Party
Funding
Source Timeline
E-4
Transitional
and Supportive
Housing
Pursuant to AB 2162 and AB 2988, supportive
housing meeting certain criteria must be permitted
by-right where residential uses are permitted. Permit
transitional and supportive housing as a residential
use in all zones allowing residential uses and only
subject to those restrictions that apply to other
residential dwellings of the same type in the same
zone. Review AB 2162 and amend Zoning Ordinance
to ensure compliance.

The Town will ensure compliance with all state law
regarding transitional and supportive housing. This
includes ensuring transitional and supportive
housing is allowed as a residential use in all zones
allowing residential uses and is only subject to those
restrictions that apply to other residential dwellings
of the same type in the same zone.

To establish additional zoning opportunities for a
variety of housing types, transitional and supportive
housing will be allowed, as required by state law, in
the multifamily overlay zone and any future zones
that will be created through Program A-1.

PBD General
Fund By Q1, 2025

Page 311 of 374 ends

Town of Los Altos Hills Housing Element
Programs 231
Number Title Action Responsible
Party
Funding
Source Timeline
E-5
Residential
Care
The Town will update its code to expressly permit the
development of residential care facilities (6 or fewer
residents) in residential zones. Adopt objective
standards for residential care homes with 7 or more
individuals in residential zones.

PBD General
Fund By Q1, 2025
E-6
Priority Water
and Sewer
Service for
Affordable
Housing
Developments
Pursuant to Government Code 65589.7, work with
public service providers to establish written
procedures for the prioritization of water and sewer
services to housing developments serving lowerincome households.

PBD, Public
Works, Purissima
Hills Water
District, Cal
Water, City of
Los Altos, City of
Palo Alto
General Plan By Q1, 2024
E-7
Senior Center
Funding
Continue to provide financial support to the
Community Services Agency and the Los Altos Senior
Center for the provision of such services as
emergency assistance, nutrition and hot meal
programs, information and referral, and senior care
management.

Quantified Objective: Maintain or increase annual
financial support.

PBD General
Fund
Annually in
the budgeting
process
E-8
Farmworker
and Employee
Housing
Pursuant to Health and Safety Code sections
17021.5, 17021.6, and 17021.8, define and permit
employee housing in compliance with the Employee
Housing Act. Revise zoning to allow farmworker
housing in all agricultural zones throughout the
Town.

PBD General
Fund By Q1, 2025

Page 312 of 374 ends

Town of Los Altos Hills Housing Element
Programs 232
Number Title Action Responsible
Party
Funding
Source Timeline
E-9
Single Room
Occupancy
(SROs)
Continue to allow SROs on public and institutional
land uses. Implement a code amendment to create
objective standards and further encourage the
development of SROs in the Town.

To establish additional zoning opportunities for a
variety of housing types, SROs will be allowed as an
accessory use in the multifamily overlay zone,
multifamily zone, and any future zones that will be
created through Program A-1.

PBD General
Fund By Q1, 2025
E-10
Incentives For
Senior
Development
Create a set of incentives for development of senior
housing on RHNA sites zoned for multi-family
development. Specifically, the Town will:
• Develop a process for expedited review of
senior housing projects
• Reduce parking standards for senior housing
projects
• Biennially, contact developers to inform them
of the opportunity to develop senior housing
in the Town and help connect developers to
property owners to facilitate their
development
Quantified Objective: Adopted set of incentives for
senior housing.

PBD General
Fund
Initially by Q1,
2025; Biennial
outreach to
developers

Page 313 of 374 ends

Town of Los Altos Hills Housing Element
Programs 233
Number Title Action Responsible
Party
Funding
Source Timeline
E-11
Incentives for
Lower-Income
Housing
Development
Create a set of incentives for the development of
housing affordable to lower-income households,
especially extremely low-income (ELI) households.

Specifically, the Town will:
• Amend the zoning ordinance to adopt a set
of density bonus incentives beyond state law
for ELI housing units
• Develop a program that would provide for
financial assistance for infrastructure studies
related to sewer and water improvements
necessary for affordable housing. Annual
contact of affordable developers to identify
housing opportunities and assist with
funding and various other incentives to
facilitate housing development.

Quantified Objective: Development of 62 ELI housing
units.

PBD
General
Fund By Q3 2025

Page 314 of 374 ends

Town of Los Altos Hills Housing Element
Programs 234
F. Affirmatively Furthering Fair Housing
Number Title Action Responsible
Party
Funding
Source Timeline
F-1
Place-Based
Community
Improvements
– Streetscape
and Right of
Way
Improvements
Develop programs and strategies to create placebased improvements through investments in the public right of way. Specific actions include:
• Streetscape improvements adjacent to the
lower-income RHNA sites to ensure safe
pedestrian and transit access, where applicable.
• Provide technical assistance to property owners
and future developers to assist in the design of
any required infrastructure improvements.

PBD
PWD
Staff time,
General
Fund, CDBG
Between 2029
and 2031
F-2
Housing
Mobility
In coordination with programs A-1, A-3,and A-6,
allow multi-family residential opportunities in the
Town. Additionally, in coordination with programs
G-1 and G-3, maintain an education program to
inform tenants of the 2019 Tenant Protection Act
and provide information on the Town webpage.

PBD General
Fund By Q1, 2026
F-3
Town
Affordable
Rental Unit
Registry
Create a registry of affordable rental units as the
units are built. The Town will create a webpage
with information about the units and advertise any
vacant units.

Quantified Objective: Affordable rental unit
webpage and registry. Advertise 10 units on the
affordable rental unit registry throughout the
planning period.

PBD General
Fund
As affordable
units are created.

Page 315 of 374 ends

Town of Los Altos Hills Housing Element
Programs 235
Number Title Action Responsible
Party
Funding
Source Timeline
F-4
Fair Housing
Outreach and
Enforcement
In coordination with program D-3 and E-1,
continue to provide fair housing enforcement,
landlord-tenant mediation, and fair housing
information to residents and property owners.

Advertise the Town’s fair housing specialist as a
resource to resolve disputes and reports of
discrimination.

Quantified Objective: Increase inquiries to fair
housing specialist for information and referral.

Increase traffic and downloads to the Town’s
housing website by 20 percent throughout the
planning period. Provide fair housing materials at
Planning and Development Services booth at Town
events at least once a year. Promote educational
materials and resources through at least three
different mediums (paper/hard copies, social
media, direct mailers, in-person events, website)
PBD
Fair Housing
Specialist
General
Fund
Continuous and
on-going
F-5
Transit
Improvements
Program
Provide housing projections and other information
so that Valley Transit Authority continues to
provide needed transportation services to Los
Altos Hills, including at Foothill College and
employment centers outside of the Town limits.

PBD
PWD
General
Fund
Continuous and
on-going

Page 316 of 374 ends

Town of Los Altos Hills Housing Element
Programs 236
Number Title Action Responsible
Party
Funding
Source Timeline
F-6
Regional
Participation in
Housing
Mobility Efforts
The Town will participate and with regional efforts
to encourage housing mobility through promotion
of affordable units in a common or countywide
registry and other County incentives, such as Santa
Clara County Housing Authority’s cash incentive
for first time HCV landlords, and mobility
assistance.

Quantified Objective: Promote available regional
resources to 10 households annually.

PBD General
Fund
Continuous and
on-going

Page 317 of 374 ends

Town of Los Altos Hills Housing Element
Programs 237
G. Education and Outreach
Number Title Action Responsib
le Party
Funding
Source Timeline
G-1
Housing
Information
Continue to improve and expand the use of the
various media to inform and promote the use of
Los Altos Hills housing programs to its residents
and developers by creating a dedicated webpage
on the Town’s website. Include the resources
listed in G-3 on the webpage, in addition to
information about new and existing residential
units.

Quantified Objective: Monitor and increase
website traffic and downloads to the Town’s
housing website by 20% throughout the planning
period. Provide fair housing materials at Planning
and Development Services booth at Town events
at least once a year. Promote educational
materials and resources through at least three
different mediums (paper/hard copies, social
media, direct mailers, in-person events, website).

PBD General Fund
Establish webpage by
Q1, 2024; other efforts
continuous and
ongoing.

Page 318 of 374 ends

Town of Los Altos Hills Housing Element
Programs 238
Number Title Action Responsib
le Party
Funding
Source Timeline
G-2
ADU,
conversion
units, and SB 9
Education
Develop and implement a comprehensive
marketing program to advertise the ability of
homeowners to create conversion units, ADUs
and SB 9 units on their properties.

The program will contain information for
residents who may be unaware of the ability to
build or incorporate an ADU and/or JADU, SB 9
unit, or conversion units on their properties, as
well as detailed guidance on how to go through
these unit construction/conversion processes and
what financial resources are available, including
available incentives for units made available to
lower-income households.

The Town will also provide a pamphlet with
detailed information on ADU/JADU, conversion
units, and SB 9 opportunities in the Town. This
will include a FAQ and detailed guidance on how
to utilize these processes in the Town.

The Town will provide pamphlets on the Town
website and at Town Hall with detailed
information on the SB 9, conversion units, ADU,
and JADU processes.

Quantified Objective: Construction of 20 ADUs
per year throughout the planning period.

Construction of 32 SB 9 units throughout the
planning period. Conversion of 50 single family
homes to duplexes or triplexes throughout the
planning period.

PBD General Fund
Develop marketing
plan by Q1, 2024;
implement marking
program by Q1, 2025

Page 319 of 374 ends

Town of Los Altos Hills Housing Element
Programs 239
Number Title Action Responsib
le Party
Funding
Source Timeline
G-3
Source of
Income
Protection /
Housing
Mobility
Within one year, conduct a meeting or workshop
to inform residents of sources of income
protection and state rent control laws such as AB
1482. Afterward, conduct outreach to inform
landlords and tenants of recent changes to state
law that prevent source of income discrimination.

Ensure that it is known that HCVs are allowed to
establish a renter’s financial eligibility.

Quantified Objective: Conducted workshop
within one year. Outreach to 10 landlords and
tenants per year throughout the planning period.

PBD
Fair
Housing
Specialist
General Fund
Initially by Q1, 2024.

Afterward-continuous
and on-going
G-4
Housing
Services and
Referrals
Website
Create a page on the Town’s website that
contains information about service providers,
emergency shelters, tenant protections available
to persons experiencing housing needs or
challenging circumstances. Refer individuals
inquiring about services to the website, and assist
individuals with technical access issues with
accessing the resources listed on the website.

Quantified Objective: Operational Town website
for housing services and referrals. Monitor and
increase website traffic and downloads to the
Town’s housing website by 20% throughout the
planning period.

PBD General Fund
Establish the website
by Q3, 2023; Annually
update the website to
add/remove
resources, ensure
accuracy of
information, and
increase accessibility.

Page 320 of 374 ends

Town of Los Altos Hills Housing Element
Programs 240
Number Title Action Responsib
le Party
Funding
Source Timeline
G-5
Tenant
Matching and
Outreach
Developing materials for applicants who may be
seeking tenants for their ADUs, SB 9 units, and
any conversion units created through Program A12. Materials will be provided to applicants at the time they apply for a building permit or ADU
permit. These affirmative marketing materials will
include contact information for housing service
providers (such as the home share programs)
and non-profit housing organizations that serve
lower-income tenants in the surrounding region.

Interested residents can use these materials to
find prospective tenants in a larger market area
beyond Town limits, including residents of all
races, ethnicities, ages, and abilities.

The Town will conduct a survey of ADU tenants
and owners by Q1 2028 to evaluate the
demographics of tenants to monitor the success
of ADU, SB 9, and unit conversion programs for
increasing housing choice and mobility in the
Town.

Quantified Objective: Construction of 32 SB 9
units throughout the planning period.

Construction of 20 ADUs per year throughout the
planning period. Achieve 50 percent of occupants
from outside Los Altos Hills, including those who
work but do not live in the City.

PBD General Fund By Q1, 2025; ADU
survey by Q1 2028

Page 321 of 374 ends

HOUSING ELEMENT IMPLEMENTATION

MUNICIPAL CODE UPDATES

ADU ORDINANCE, GRADING ORDINANCE, LOW BARRIER

NAVIGATION CENTERS, AND EMERGENCY SHELTERS

CITY COUNCIL REGULAR MEETING
MAY 16, 2024
ITEM 9A, Supplement 1

Page 322 of 374 ends

BACKGROUND
• On January 30, 2023, the City
Council adopted the 6th Cycle
Housing Element Update for the
2023-2031 planning period.
• On May 30, 2023, the California
Department of Housing and
Community Development Certified
Los Altos Hills’ Housing Element as
compliant with State requirements.

Page 323 of 374 ends

BACKGROUND
• To implement the Housing Element, 6 major housing goals were identified. These include:
• Housing Production
• Removal of Government Constraints
• Housing Preservation and Improvement
• Special Housing Needs
• Affirmatively Furthering Fair Housing
• Education and Outreach
• Within these 6 categories, 60 individual programs were identified to be undertaken at various times throughout the 8-year planning period.
• The four items presented tonight reflect different individual goal categories, but they are all items that the Housing Element has set an early completion date, and therefore the Council is being asked to consider them to meet completion deadlines.

Page 324 of 374 ends

ACCESSORY DWELLING UNITS – LOS ALTOS HILLS
MUNICIPAL CODE: TITLE 10, CHAPTER 1, ARTICLE 14
• Under Housing Element Implementation Program B-6, the Town is obligated to update the ADU Ordinance to comply with current State regulations, recently consolidated into Govt Code Section 66310 et seq; then monitor State law on an annual basis and update the Ordinance as appropriate. The following amendments to the Town’s ADU Ordinance will ensure this compliance.
• LAHMC Sec 10-1.1403(c)(3): text is added to ensure compliance with Assembly Bills 345 and 587, regarding the sale of an ADU separate from the primary residence, where development of the ADU or the primary dwelling were developed by a qualified nonprofit corporation and the conditions contained in Govt Code Sec 66341(b) thru (e) have been satisfied. AB 1033 also includes provisions for separate conveyance pursuant to a condominium subdivision map, but such allowance is at the discretion of the local agency and not mandatory. As such, this amendment only codifies separate conveyance provisions under AB 345 and AB 587.
• LAHMC Sec 20-1.1403(e): revisions to this section ensure compliance with Govt Code Sec 66321(c)(3) which stipulates that front setbacks, along with other local development standards, cannot be applied to prohibit the construction of an ADU if it otherwise meets all other State and local requirements.

Page 325 of 374 ends

ACCESSORY DWELLING UNITS – LOS ALTOS HILLS
MUNICIPAL CODE: TITLE 10, CHAPTER 1, ARTICLE 14
• Continued:
• LAHMC Sec 10-1.1403(f): text is added to comply with additional height allowances granted to ADUs in certain zones or proximities to transit facilities. Specifically, that a detached ADU can have a maximum height of 18 feet if it is on a lot with an existing or proposed primary dwelling located within one-half mile walking distance of a major transit stop or transit corridor. An additional 2 feet of height is also allowed to for a roof pitch on the ADU that is stylistically aligned with that of the primary dwelling. • LAHMC Sec 10-1.1404: this section was revised to clearly state the objective design standards the Town requires ADUs to comply with, such that they are based on objective and numeric construction standards instead of subjective determinations. The underlying objective standards are not being modified at this time; future revisions will be subject to consideration by the Planning Commission prior to being presented to Council. • LAHMC Sec 10-1.1409: this section was revised to reflect state law changes that prohibit denial of an ADU based on the correction of non-conforming zoning or building code violations, unless the violations result in a threat to public health and safety.

Page 326 of 374 ends

GRADING ORDINANCE – LOS ALTOS HILLS MUNICIPAL
CODE: TITLE 10, CHAPTER 2, ARTICLE 4
• Under Housing Element Implementation Program B-11, the Town is obligated to update the grading moratorium aspect of the Grading Ordinance to remove development constraints on housing. Specifically, the following amendment is proposed:
• LAHMC Sec 10-2.404: The City Engineer shall may restrict grading operations during the wet season...
• This amendment clarifies that there exists the possibility of exceptions to the moratorium, subject to the City Engineer’s consideration of the proposed scope of work, timing, ground conditions, and forecasted weather conditions.

Page 327 of 374 ends

EMERGENCY SHELTERS
• Under Housing Element Implementation Program E-2, the Town is obligated to allow Emergency Shelters as permitted uses by-right in areas zoned for mixed-uses and designated as Public or Institutional on the Town’s Land Use Diagram. Amendments to the LAHMC include:
• LAHMC Sec 10-1.202: The definition for Emergency Shelter is taken from the Health and Safety Code and added to definitions section of the Los Altos Hills Zoning Ordinance. • LAHMC Sec 10-1.701(c): Emergency Shelters is added to the Primary uses permitted section of the R-A zoning district.
• The definition language and operational criteria for Emergency Shelters are revised to only include objective standards.

Page 328 of 374 ends

LOW BARRIER NAVIGATION CENTERS
• Under Housing Element Implementation Program E-3, the Town is obligated to allow Low-Barrier Navigation Centers (LBNCs) as permitted accessory uses by-right in specified land use designations. LBNCs are temporary living facilities that focus on moving people into permanent housing via case managers that connect unhoused individuals with services, as well as engaging in practices to reduce barriers to housing and related services. Amendments to the LAHMC include:
• LAHMC Sec 10-1.202: The definition for Low-Barrier Navigation Center is added to definitions section of the Los Altos Hills Zoning Ordinance. • LAHMC Sec 10-1.702: Low-Barrier Navigation Center is added to Accessory uses and structures permitted within the R-A zoning district on property designated Institutional and/or Public on the Town’s Land Use Diagram.
• The definition language and operational criteria comply with applicable State and Federal governing regulations including: California Government Code Section 65660 et seq, Title 24 CFR Section 576.400(d) or Section 578.7(a)(8), Section 8255 of Division 8 of the Welfare and Institutions Code, and Title 24 CFR Section 578.3.

Page 329 of 374 ends

NEXT STEPS
• These are not the final amendments to the LAHMC that will be brought to the Planning Commission and City Council as part of the Housing Element Implementation Program. • As part of the Housing Element Implementation Program, the Town is in the process of developing land use designations and zoning districts to accommodate multi-family residential development. These would also include proposed objective design standards.

Similarly, the Planning Commission has conducted study sessions regarding the ADU Ordinance, including potential objective design standards that would apply to ADUs. These would all be subject to Planning Commission and City Council consideration prior to adoption.
• Additionally, the planning period for the Housing Element is from 2023 – 2031 and including those discussed tonight, there are 60 individual elements within the Implementation Program. Many of these will be presented to the Planning Commission and City Council for consideration. Furthermore, multiple Implementation Program Elements require on-going monitoring of regulatory activity from the State, which also may result in future amendments to other sections of the LAHMC.

Page 330 of 374 ends

PLANNING COMMISSION
• On May 2, 2024, the Planning Commission conducted a public hearing to consider the proposed amendments to the LAHMC.
• Following discussion further clarifying the details and intent of the proposed amendments, the Planning Commission unanimously adopted a Resolution recommending that the City Council adopt an Ordinance to amend the LAHMC as described herein.

Page 331 of 374 ends

2024-2025 WORKPLAN, GENERAL PLAN,

FISCAL IMPACTS, CEQA
• The Housing Element Implementation Program is located in the Quality of Life/Community Character section of the 2024-2025 Workplan. As such, these proposed amendments to the LAHMC are consistent with the 2024-2025 Workplan. • The proposed amendments to the LAHMC address Program Elements B-6, B-11, E-2, E-3 of the Housing Element Implementation Program, and thus are consistent with the General Plan.
• The activities associated with the preparation and implementation of these amendments fall within the realm of general daily duties of Town Staff. As such, there is no fiscal impact associated with the preparation of this Ordinance. Furthermore, the proposed amendments to the LAHMC are expected to facilitate development of housing within the Town, potentially generating an increase in permit revenue. • These actions are considered exempt from CEQA pursuant to CEQA Guidelines Section 15061(B)(3); statutorily exempt pursuant to Govt Code Section 65583(a)(4); and statutorily exempt pursuant to Public Resources Code Sec 21080.17, as applicable

Page 332 of 374 ends

RECOMMENDATION

1. Receive Staff presentation

2. Conduct a public hearing and hear all
comments

3. Waive reading and introduce an Ordinance
incorporating the proposed amendments to the
Los Altos Hills Municipal Code to further
implement the Town’s 6th Cycle Housing
Element.

Page 333 of 374 ends

ANY QUESTIONS?

Page 334 of 374 ends

TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: REVIEW THE 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT

AND AUTHORIZE TRANSMITTAL OF THE REPORT TO THE

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FROM: Bradley Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Review the 2023 Housing Element Annual Progress Report (Attachments 1 and 2); and

2. Authorize transmittal of the report to the Department of Housing and Community Development (HCD) and authorize City staff to make minor adjustments reflecting any comments or updates from the May 16, 2024 Council meeting in finalizing the report for submittal.

BACKGROUND
Government Code Section 65400 mandates that all cities and counties submit an Annual Progress Report (APR) to the Department of Housing and Community Development (HCD) on the status of the implementation of the General Plan Housing Element and the progress in meeting the Town’s share of the regional housing needs (RHNA). The APR provides local legislative bodies and the public with information regarding the implementation of the Housing Element for their jurisdiction. APRs also inform the public of the progress in meeting the community’s goals. This year’s APR evaluates the status of the implementation programs and housing production for the period between January 1, 2023, and December 31, 2023.

DISCUSSION
The intent of the Housing Element Annual Report is to demonstrate the Town’s compliance with the requirements of Government Code Section 65400 which mandates that the Town prepare an annual report on the progress on the implementation of the Housing Element and progress in meeting the Los Altos Hills share of the RHNA.

Housing Element Annual Progress Report
State law requires that all General Plans include a Housing Element, which provides a plan for accommodating future housing production needs. State law further requires that all cities and counties create an annual progress report that describes that community’s progress toward implementing their Housing Element. The annual report must be submitted to HCD and he state Office of Planning and Research (OPR) yearly. This annual report being presented to the City Council is prepared to address this state law requirement and to document the Town’s progress in the 2023 reporting period. Town staff has been communicating and working with HCD staff on ITEM 10A

Page 335 of 374 ends

City Council Page 2
2023 Housing Element Annual Progress Report
May 16, 2024
the preparation and submittal of this annual report; HCD is currently expecting municipalities to submit the annual progress report by June 1, 2024 to maintain consistency with state law.

The Housing Element APR fulfills statutory requirements to report certain housing information, including the local agency’s progress in meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy), certain rezoning activities, actions taken towards completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Code Section 65400).

California’s housing element law acknowledges that in order for the private market to adequately address the state’s housing needs, local governments must adopt plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy rests largely on the effective implementation of local general plans and housing elements.

Existing Land Use Conditions
The Town of Los Altos Hills historically consisted of very low-density residential land uses along with supporting institutional uses (religious and educational facilities). All development is encompassed within one zoning district, Residential-Agricultural (R-A), which permits the following types of housing:
• single-family residences;
• Senate Bill 9 (SB 9) units;
• accessory dwelling units (ADUs);
• residential care facilities for six (6) persons or less; • transitional and supportive housing for six (6) persons or less; • emergency shelters with up to five (5) beds.

Closeout of 5th Cycle Housing Element Planning Period
During the 5th Planning Cycle, the Town Housing Element included various programs designed to increase housing opportunities for the residents and meet the Town’s state-mandated Regional Housing Needs Allocation (RHNA) numbers for Very-Low, Low, and Moderate income households. It should be noted that all new primary residences are designated as Above-Moderate income households, and historically, the primary method through which the Town meets its affordable housing goals for new housing units is through the development of accessory dwelling units (ADUs) and more recently, through SB 9 units. Due to changes in State law, ADUs are now permitted on all properties (no minimum lot size or requirement that the property be owneroccupied), may be up to 1,200 square feet in total living area, may utilize tandem parking or parking within the yard setbacks, and must be approved through a ministerial process if the project meets all objective criteria in the Town’s ADU regulations. In addition, SB 9 was enacted on January 1st, 2022 which allowed for subdivision and/or up to two dwelling units on a single-family parcel, with a minimum size of 800 square feet, to be ministerially approved. Furthermore, state law also allows for junior accessory dwelling units (JADUs) of up to 500 square feet in size on all properties through the conversion of existing floor area within a primary single-family residence.

In support of ADUs, the City Council has reduced or eliminated sewer and pathway impact fees for new ADUs, and existing unpermitted ADUs can be legalized administratively through a building permit process.

Page 336 of 374 ends

City Council Page 3
2023 Housing Element Annual Progress Report
May 16, 2024
In the previous Housing Element planning cycle (2015-2022), the Town exceeded its overall goal significantly (121 units required – 241 units constructed). The overall RHNA number for the 2015-2022 planning cycle was 121 units comprised of the following income categories as follows:
46 Very-Low, 28 Low, 32 Moderate, and 15 Above-Moderate. A summary of housing permits from the Housing Element Annual Progress Report (seen in Table 2) shows the number of units constructed annually in each income category for the eight-year RHNA planning period.

Table 2: Regional Housing Needs Allocation Progress
Building Permits Issued by Affordability
Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 Total Units
to
Date
(all
years)
Total
Remaining
RHNA by
Income
Levels Income Level
RHNA
by
Income
Level
Year
1 Year
2 Year
3 Year
4 Year
5 Year
6 Year
7 Year
8 Very-Low
Deed
Restricted 46
0 0 5 0 0 0 0 0
58 0 Non-deed
Restricted 5 4 0 3 5 15 12 9
Low
Deed
Restricted 28
0 0 2 0 0 0 0 0
37 0 Non-deed
Restricted 2 3 0 1 2 6 12 9
Moderate
Deed
Restricted 32
0 0 0 0 0 0 0 0
34 0 Non-deed
Restricted 2 1 2 1 1 4 13 10
Above-Moderate 15 8 11 4 23 11 15 26 14 112 0
Total RHNA by COG 121
17 19 13 28 19 40 63 42 241
0 Total Units ► ►
Remaining Need for RHNA Period ► ► ► ► ►
The year 2022 is the last year of the eight-year Housing Element cycle (2015-2022). At the end of the 5th cycle, the Town met its overall RHNA number by approximately 200% (241 new units vs. 121 required) and provided affordable housing units exceeding the required allocation. For reference only, the net new units permitted in the eight-year cycle is 187, exceeding the required RHNA.
6th Cycle Housing Element and Progress Towards Meeting RHNA in Planning Year 1 On January 30, 2023, the Town adopted the 6th Cycle Housing Element for the Planning Period of 2023 through 2031, and it was subsequently certified by HCD inclusive of certain technical revisions pursuant to state housing element law. The 6th Cycle Housing Element includes a RHNA

Page 337 of 374 ends

City Council Page 4
2023 Housing Element Annual Progress Report
May 16, 2024
goal of 489 units, and also sets forth a number of goals, policies and programs to encourage housing supply, provide for housing mobility, and affirmatively furthering fair housing, among other obligations.

For the 6th Cycle Planning Period for 2023-2031, the Los Altos Hills share of the Bay Area Region’s Housing Needs Allocation is summarized in Table 3 of the Housing Element below:

Summary of New Residential Development in 2023
In 2023, the Town issued building permits for twenty-nine (29) residential units, including seven (7) primary residences and twenty-two (22) ADUs. Of the seven (7) new primary dwellings, three (3) were replacement structures. Pursuant to technical guidelines issued by and confirmation from HCD, all seven (7) new units would be counted towards meeting the Town’s overall RHNA obligations. Although traditionally, the Town has not counted re-built homes as a part of its internal calculation on how much progress has been made towards RHNA, the HCD technical assistance guidelines and its APR team staff have confirmed that cities should report on all units constructed as long as the units meet the definition of a dwelling unit under the census, and should not “net out” demolished units. Although HCD requires jurisdictions to note demolition activities associated with the new units in the report, the noted demolished units are not “subtracted” in the summary table (Table B). Therefore, all newly permitted units are counted towards meeting the Town’s overall RHNA goals based on affordability levels.

For further reference, HCD published “APR Frequently Asked Questions” in December 2022, which included a clarification on net-new units reporting and can be accessed via the link below. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/housing-elementannual-progress-report-faq.pdf SB 35 Determination
Legislation, such as Senate Bill 35 (SB 35), Assembly Bill 73 (AB 73), and Senate Bill 570 (SB 570) adopted in 2017, has provided penalties and incentives related to making progress toward meeting RHNA for the 2015-2023 Planning Period. HCD released a report relying on data through June 1, 2023, the SB 35 Statewide Determination Summary, showing that Los Altos Hills is among

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City Council Page 5
2023 Housing Element Annual Progress Report
May 16, 2024
only 42 jurisdictions throughout the entire State that have met their prorated Lower (Very-Low and Low) and Above-Moderate Income Regional Housing Needs Assessment (RHNA) for the Reporting Period and submitted their latest APR (2022) for proposed developments with at least 50% affordability.

Staff wants to bring to the Council’s attention that for the 6th Housing Element cycle, if the Town’s housing supply growth fails to meet the prorated RHNA number every year until the mid-cycle based on the affordability levels, multi-family projects with a certain percentage of affordable housing will qualify for a streamlined ministerial approval process until the Town is listed as jurisdictions not subject to SB 35 on HCD’s annual report.

Housing Element Program Implementation- 1st Planning Year in 6th Cycle and Continuations from 5th Cycle
Attachments 1 and 2 comprise of the Town’s Annual Progress Report for Planning Year 1 in the 6th Planning Cycle. In particular, Table D shows the progress that the Town has made towards implementing the 2023-2031 Housing Element programs. The Housing Element sets forth various timelines for completion of these programs, with some being end-of-quarter dates and some being an ongoing, continuous process. For example, the Town has completed Program B-11 in 2023 (adoption of an SB 9 ordinance), ahead of its set schedule in Q1 2024. Likewise, the Town has timely completed simplification of its Planning entitlement process and creation of housing services referral websites under Programs B-14 and G-4, respectively. The Town is continuing to implement other programs including the zoning text amendments under Programs B-6, B-11, E-2 and E3 that is a part of the agenda for Council’s consideration tonight. Attachments 1 and 2 provide additional details regarding the 6th cycle implementation efforts.

Additionally, as the Council will recall, the adopted Housing Element includes a review of prior program accomplishments and denotes whether programs included in the prior cycle were accomplished. A few of the successful implementation programs that will carry on into the 6th Cycle Housing Element are highlighted below:

12. Program Develop a comprehensive brochure for residential accessory dwelling units to place on the Town’s website and to be made available to the public at the public information counter.

Time Frame: Ongoing
Responsible Agency: Planning
Quantified Objective: N/A
Completed. The Town has consolidated up to date information on the development of Accessory Dwelling Units and placed it within the Housing Information Hub on the Town’s website. The information reflects the most recent updated legislation adopted by the State, points to resources for development of ADUs, and will be updated at least annually, as needed to reflect future legislative actions from Sacramento.

19. Program Support Foothill College in the potential future development of affordable student, faculty, and employee housing on the college properties.

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City Council Page 6
2023 Housing Element Annual Progress Report
May 16, 2024
Time Frame: 2023 and ongoing
Responsible Agency: Planning Department
Quantified Objective: Affordable Housing Development on the Foothill College Campus.

Ongoing. In developing the 6th Cycle Housing Element, staff worked closely with Foothill College staff on identifying potential housing sites that could be utilized to satisfy the Town’s RHNA obligations. Following that successful effort, the Town collaborated with the College to apply to have the College’s sites designated as Priority Development Sites by HCD, which enables eligibility to apply for future grants and other funding sources to develop affordable housing. And most recently, the Bay Area Housing Finance Authority awarded Foothill College a technical grant to cover some of the specialty development planning activities, such as geotechnical and seismic studies, that will ultimately support the preparation of comprehensive development plans.

39. Program Review and update development review procedures in coordination with city departments and other responsible agencies to ensure efficient customer service and expedient delivery of development review services.

Time Frame: Ongoing
Responsible Agency: Building and Planning Departments
Quantified Objective: N/A
Ongoing. To facilitate timely review by other Town departments as well as outside agencies such as Purissima Hills Water and Santa Clara County Fire, Community Development staff has been optimizing and simplifying the capabilities of our Trakit system. Concurrently, staff has also been engaged with their counterparts in other departments and agencies to encourage and facilitate utilization of the Trakit system for development and permit application review. The system’s capabilities have been expanded and buy-in/usage from other agencies is also increasing. Efforts will continue as part of Program B-1, Permit Streamlining.

43. Program Work with the City of Los Altos to measure actual sewer capacity by installing flow meters throughout the system.

Time Frame: Ongoing
Responsible Agency: Public Works
Quantified Objective: Ability to establish actual sewer system capacity to ensure the system can support new affordable housing projects
Completed. The Town completed the installation of temporary flow meters in four locations where the trunk lines enter Los Altos. This will now form the basis of Program B-8 in the 6th Cycle Housing Element which will consist of an update to the Town’s infrastructure plans, including the sewer master plan.

ENVIRONMENTAL REVIEW

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City Council Page 7
2023 Housing Element Annual Progress Report
May 16, 2024
No environmental analysis or determination is required by the Council as the annual report is not considered a “project” under the California Environmental Quality Act (CEQA) due to it having no potential to cause a significant effect on the environment. Further, the Annual Progress Report is exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection) as it is limited to basic data collection strictly for information gathering purposes, which does not result in any physical changes to the environment. 2024-2025 CITY COUNCIL WORK PLAN
The Annual Progress Report is annual and reoccurring effort to share progress on the Town’s Housing Element. Although not specifically identified in the 2024-2025 Work Plan, this falls into the category of day-to-day operations and aligns with the value/priority area “Maintain Quality of Life and Community Character” of the City Council Strategic Priorities Implementation Plan.

FISCAL IMPACT
The administration, implementation and annal reporting on the Housing Element is not a recoverable cost and is covered by the General Fund support of the Planning Department. The APR was completed in-house under existing budget expenditures for Planning staff.

ATTACHMENTS
Attachment 1: Tables A, A2 & B – Housing Element Annual Progress Report 2023 Attachment 2: Table D – Housing Element Program Implementation Status 2023

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Jurisidiction Name
Reporting Calendar YearFirst NameLast NameTitle Click here to download APR InstructionsEmailPhoneStreet AddressCityZipcode v_2_15_24
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 26379 Fremont Road
Los Altos Hills
94022
Bradley
Evanson
Community Development Director
[email protected]
6509472507
Mailing Address
Please Start Here
General Information
2023
Los Altos Hills
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Annual Progress Report January 2020
ITEM 10A ATTACHMENT 1

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Jurisdiction Los Altos Hills ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 6 78 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 18 18 11 0 17503041 14735 SALTAMONTES WAY SD23-0004 SFD O 01/24/2023 1 1 1 0 NONE No17534069 26023 ALICANTE LANE SD23-0011 SFD O 03/22/2023 1 1 1 0 NONE No33630015 12243 TEPA WAY SD23-0019 SFD O 05/18/2023 1 1 0 0 NONE No17508014 25661 La Lanne Court SD23-0022 SFD O 05/22/2023 1 1 1 0 NONE No17534028 26045 TORELLO LANE SD23-0029 SFD O 06/14/2023 1 1 1 0 NONE No17523034 13891 CICERONI LANE SD23-0031 SFD O 06/23/2023 1 1 0 0 NONE No18241014 14227 AMHERST COURT SD23-0039 SFD O 08/24/2023 1 1 1 0 NONE No33117062 23503 RAVENSBURY AVENUE SD23-0048 SFD O 10/25/2023 1 1 1 0 NONE No18228026 27600 ALTAMONT ROAD SD23-0051 SFD O 11/15/2023 1 1 1 0 NONE No18228026 27600 ALTAMONT ROAD SD23-0052 SFD O 11/15/2023 1 1 1 0 NONE No33640083 11170 MAGDALENA ROAD SD23-0050 SFD O 11/16/2023 1 1 1 0 NONE No17505002 14467 DE BELL ROAD SD23-0053 SFD O 11/29/2023 1 1 1 0 NONE No17553008 26790 SAINT FRANCIS DRIVE SD23-0054 SFD O 12/06/2023 1 1 1 0 NONE No18207055 14090 BALERI RANCH ROAD BLD22-0143 ADU R 03/28/2022 0NONE No17534062 26321 ALEXANDER PLACE BLD22-0612 ADU R 12/28/2022 0NONE No18208023 14300 SADDLE MOUNTAIN DRIVE BLD22-0028 ADU R 01/20/2022 0NONE No18231079 2235 OLD PAGE MILL ROAD BLD22-0067 ADU R 02/10/2022 0NONE No33646003 11635 JESSICA LANE BLD22-0413 ADU R 08/30/2022 0NONE No17510017 14160 MIRANDA ROAD BLD23-0154 ADU R 03/27/2023 0NONE No17555004 12864 VISCAINO ROAD BLD23-0149 ADU R 03/22/2023 0NONE No17524060 25980 TODD LANE BLD23-0245 ADU R 05/15/2023 0NONE No17524033 26045 NEW BRIDGE DRIVE BLD22-0549 ADU R 11/14/2022 0NONE No17547002 13051 LA PALOMA ROAD BLD22-0415 ADU R 08/30/2022 0NONE No18211021 28010 NATOMA RD BLD22-0611 SFD O 12/28/2022 1 1 NONE No18219037 27446 BLACK MOUNTAIN ROAD BLD22-0613 ADU R 12/28/2022 0NONE No18231028 2120 OLD PAGE MILL ROAD BLD23-0098 ADU R 02/27/2023 0NONE No17554034 12795 VISCAINO ROAD BLD23-0103 ADU R 03/01/2023 0NONE No17534062 26321 ALEXANDER PLACE BLD22-0574 SFD O 12/01/2022 1 1 NONE No17527006 13300 ROBLEDA ROAD BLD23-0195 SFD O 04/17/2023 1 1 NONE No18241060 14215 AMHERST COURT BLD23-0333 ADU R 06/20/2023 0NONE No18241035 14463 LIDDICOAT CIRCLE BLD22-0190 ADU R 04/21/2022 0NONE No17526035 25600 BURKE LANE BLD22-0264 ADU R 06/14/2022 0NONE No33629018 24985 ONEONTA DRIVE BLD23-0121 ADU R 03/09/2023 0NONE No17547044 12010 ELSIE WAY BLD23-0210 ADU R 04/24/2023 0NONE No Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted

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Jurisdiction Los Altos Hills ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contaPlanning Period 6th Cycle 1/31/2023-1/31/2031 Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Summary Row: Start Data Entry Below 0 0 0 0 0 0 4 40 0
17503041 14735 SALTAMONTES WAY SD23-0004 SFD O 1 11/28/2023 117534069 26023 ALICANTE LANE SD23-0011 SFD O 1 8/1/2023 133630015 12243 TEPA WAY SD23-0019 SFD O 1117508014 25661 La Lanne Court SD23-0022 SFD O 1 10/3/2023 117534028 26045 TORELLO LANE SD23-0029 SFD O 1 11/21/2023 117523034 13891 CICERONI LANE SD23-0031 SFD O 1118241014 14227 AMHERST COURT SD23-0039 SFD O 1133117062 23503 RAVENSBURY AVENUE SD23-0048 SFD O 1118228026 27600 ALTAMONT ROAD SD23-0051 SFD O 1118228026 27600 ALTAMONT ROAD SD23-0052 SFD O 1133640083 11170 MAGDALENA ROAD SD23-0050 SFD O 1117505002 14467 DE BELL ROAD SD23-0053 SFD O 1117553008 26790 SAINT FRANCIS DRIVE SD23-0054 SFD O 1118207055 14090 BALERI RANCH ROAD BLD22-0143 ADU R 017534062 26321 ALEXANDER PLACE BLD22-0612 ADU R 018208023 14300 SADDLE MOUNTAIN DRIVE BLD22-0028 ADU R 018231079 2235 OLD PAGE MILL ROAD BLD22-0067 ADU R 033646003 11635 JESSICA LANE BLD22-0413 ADU R 017510017 14160 MIRANDA ROAD BLD23-0154 ADU R 017555004 12864 VISCAINO ROAD BLD23-0149 ADU R 017524060 25980 TODD LANE BLD23-0245 ADU R 017524033 26045 NEW BRIDGE DRIVE BLD22-0549 ADU R 017547002 13051 LA PALOMA ROAD BLD22-0415 ADU R 018211021 28010 NATOMA RD BLD22-0611 SFD O 1118219037 27446 BLACK MOUNTAIN ROAD BLD22-0613 ADU R 018231028 2120 OLD PAGE MILL ROAD BLD23-0098 ADU R 017554034 12795 VISCAINO ROAD BLD23-0103 ADU R 017534062 26321 ALEXANDER PLACE BLD22-0574 SFD O 1117527006 13300 ROBLEDA ROAD BLD23-0195 SFD O 1118241060 14215 AMHERST COURT BLD23-0333 ADU R 018241035 14463 LIDDICOAT CIRCLE BLD22-0190 ADU R 017526035 25600 BURKE LANE BLD22-0264 ADU R 033629018 24985 ONEONTA DRIVE BLD23-0121 ADU R 017547044 12010 ELSIE WAY BLD23-0210 ADU R 017542058 13389-A La Cresta Drive BLD21-0381 ADU R 017523048 13867 ROBLEDA ROAD BLD23-0308 SFD O 1117523048 13867 ROBLEDA ROAD BLD23-0309 ADU R 018250021 27955 ROBLE BLANCO BLD23-0417 ADU R 017524009 26080 QUAIL LANE BLD23-0427 SFD O 1117546009 13021 NORTH ALTA LANE BLD23-0482 SFD O 1117546009 13021 NORTH ALTA LANE BLD23-0483 ADU R 033630037 25091 TEPA WAY BLD23-0401 SFD O 1133639024 23725 CAMINO HERMOSO BLD22-0435 ADU R 0 00 1
Unit Types Affordability by Household Incomes - Completed Entitlement Afforda 4 Note: "+" indicat
Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

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ain auto-calculation formulas
Streamlining Infill
89 11 12 13 14 15
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ 0 0 0 0 0 0 0 0000 0 0 0 0
0 00 00 00 00 00 00 00 00 00 00 00 00 0
5/2/2023 0 05/4/2023 0 0
5/11/2023 0 05/18/2023 0 0
6/7/2023 0 0
6/14/2023 0 06/26/2023 0 06/26/2023 0 06/27/2023 0 06/29/2023 0 06/29/2023 0 0 7/5/2023 0 0
7/18/2023 0 07/31/2023 0 0
8/9/2023 0 0
8/29/2023 0 0
9/8/2023 0 0
9/11/2023 0 09/11/2023 0 09/19/2023 0 09/25/2023 0 09/28/2023 0 010/2/2023 0 010/2/2023 0 0 10/11/2023 0 010/17/2023 0 010/19/2023 0 010/19/2023 0 0 11/1/2023 0 0
12/12/2023 0 0
0 00 0
ability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
tes an optional field

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Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
16 17 18 19 20 21 22 23 24 25
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 Density Bonus Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed Units

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