November 9, 2021
The City Council adopted, in line with requirements of AB 361, another Emergency Declaration for a local emergency due to the COVID-19. A public agency may continue to hold virtual City Council and Commission meetings while under a declaration of emergency without complying with certain elements of the Ralph M. Brown Act.
The City Council received and responded to an informational memorandum about a resolution for Senate Bill 9 (SB 9) implementation regarding the adoption of single-family residential objective zoning standards.
Since more than 75% of Los Altos is zoned for single-family residential use, any SB 9 implementation will have an immediate impact on design review applications. The memorandum suggests a phased implementation.
For a Phase I Project Schedule the following has been accomplished:
- On November 3, the Deputy City Attorney (Erik Ramakrishna) gave an SB 8 and SB 9 presentation to the Design Review Commission (DRC).
- At this meeting city staff asked for a DRC Ad Hoc Subcommittee composed of two members so input can be given on the design standards.
- On November 10, City staff met with the DRC Ad Hoc Subcommittee to discuss the draft single-family objective standards.
- The results will be presented to the City Council at its meeting of November 30, 2021, for consideration.
For Phase II Project Schedule:
- Between January-March 2022-City staff will contract with a consultant firm to prepare detailed graphics and charts to enhance the standards adopted in December.
- March 2022-June 2023-City staff will engage community members and the City Council in a more detailed and thorough project review similar to what occurred for the Multi Family/Mixed Use Objective Standards Project.
Of five public comments, one suggested ten measures to include in the standards. An affordable unit covenant and a maximum of 4 units and two lots were the top priorities. However, city Attorney Ramakrishnan reminded the council that designating affordable units is not part of SB 9 legislation.
From discussion at the September 21, 2021, meeting, the City Council decided 3 to 2 that the Los Altos Community Center site will write an ordinance to require voter approval for the sale, transfer of title, or subdivision of any portion of this property. Adoption of the ordinance will be made at the meeting November 30, 2021.
November 30, 2021
The City Council approved the suggestions to change the Objective Standards for Single-Family Residences detailed resolution so the formal resolution may be adopted at the December 14, 2021, Council meeting. The final resolution will establish Objective Standards that allows the City to control development on single-family zoned properties after January 1, 2022, in accord with Senate Bill 9. Of suggestions brought up at the November 9 Council meeting, the current draft resolution has included
- a GIS map identifying those parcels that require additional consideration by the city.
- a severability clause to ensure if one portion of the resolution is found to have fault that the remainder of the document will still be upheld in court.
- a sample of impact fees for a standard SB 9 project.
- minimal draft Palo Alto standards incorporated into the resolution. Note that Cupertino hasn’t responded to a request to see their draft standards.
Six public comments were heard about preference for cottages rather than duplexes, concern about flag lots, and single-family residence design rules that are less strict than rules for SB 9 lots. Further Council discussion about two units allowed per sub-division was the main item to clarify before final adoption at the December 14, 2021, meeting.
After a decision at the November 9 City Council meeting to write an ordinance about the sale of Los Altos Community Center land, the City Council adopted the ordinance “Restrictions on the City-Owned properties collectively referred to as the Los Altos Community Center Site” which puts in place a requirement for voter approval of the sale or transfer of title of all or a portion of the Community Center site, unless the ordinance is repealed or amended by a future City Council. Voter approval shall not be required for leases (including ground leases), licenses, and/or any other instruments which do not convey fee title interest.
Claire Noonan, Observer