Los Altos Hills, collectively, may not like the taste of California Senate Bill 9, but it’s prepared to make the new housing law at least somewhat palatable. During a special five-hour virtual meeting disrupted by weather-related internet issues, the town’s Planning Commission last week cobbled together an urgency ordinance meant to limit SB9’s ability to alter the semi-rural character so many residents value.
“This is a very hard deal because basically, we did not have a choice in this matter,” commission chair Birgitta Indaco told the meeting audience. “We’ve been handed a very tough task, and it’s really hard to push back on this. But I think we did.”
City councilmembers are expected to adopt the ordinance during their regular monthly meeting Thursday. If they do, it is effective for 45 days, but the council can decide to extend it following another public hearing.
Town officials are under a time crunch because SB 9, which Governor Gavin Newsom signed Sept. 16, goes into effect Jan. 1. The law is intended to address the state’s housing crisis by increasing density in single-family neighborhoods. It requires ministerial approval of a property’s subdivision into two parcels with up to two units are permitted on each parcel.
To lessen the impact of SB 9, a subcommittee of planning commissioners chose to discourage subdivisions by crafting an ordinance providing incentives for owners who don’t divide and limiting development options for those who do.
If the council approves the new ordinance, it would allow owners who voluntarily place a deed restriction on their property preventing division to feature the following on the land: a primary residence and a “SB 9” unit up to 800 square feet or, absent a primary residence, two SB 9 units up to 800 square feet each; an accessory dwelling unit (ADU); and a junior accessory dwelling (JADU). The town’s municipal code already allows one ADU and one JADU on a property containing a primary residence.
An approved ordinance would restrict owners who do subdivide under SB 9 to a primary residence and a SB 9 unit up to 800 square feet or, absent a primary residence, two SB 9 units up to 800 square feet each. If a primary residence and an ADU already exist on the property, no additional development is permitted. All newly constructed units must be affordable to residents earning incomes in the “low” (between 50 and 80% of the area median income) and “very low” (less than 50% of the area median income) ranges, as defined by the California Department of Housing and Community Development. That condition is meant to help the town reach its Regional Housing Needs Allocation.
There are exemptions and additional rules assigned to either route an owner chooses, and some relate to setbacks, dwelling heights, parking spaces and floor areas. There are also protections for historic properties and conservation easements.
“We don’t want the developers coming in and just chopping up everything, but we understand people’s needs to have in-laws have their own home or a daughter or son or whatever,” said Steve Padovan, principal planner for the town.
Review Thursday’s council agenda and the supporting documents by visiting losaltoshills.ca.gov/169/City-Council.
