February 14, 2023
Transportation Impacts
CEQA Transportation Impacts, SB 743 (2013) updates the way transportation impacts are measured in California for new development projects. Level of Service, wait times at traffic signals, has been replaced with Vehicle Miles Traveled (VMT) as a way to measure traffic impacts affecting the environment. VMT looks at the number and length of car trips induced by development projects and transportation rather than Level of Service (LOS).
The City Council adopted a resolution to establish significant thresholds, using Vehicle Miles Travelled to analyze transportation impacts for the Los Altos community, in order to comply with SB 743. VMT results will affect the council's action to exempt housing and other development projects from review under the California Environmental Quality Act (CEQA).
SB 743 aims to reduce the amount of time people spend behind the wheel. Of consequence, VMT analysis could result in a project that would exceed CEQA thresholds, resulting in impact on land use. Since housing, transportation, and the environment are intertwined, rethinking is required about how we build and support our community’s congestion, affordable housing, and climate change issues.
Independent Architectural Review and Story Poles
The Los Altos City Council adopted the City’s 6th Cycle Housing Element 2023-2031 on January 24, 2023. As required by law the adopted housing element has several housing components contained within that the City of Los Altos, identified to implement the Housing Element stated policies and achieve the stated goals and objectives. In order to take specific action steps to better implement its goals and objectives, Council made the following changes:
The elimination of third-party architectural reviews. Third party independent architectural review, applied to downtown projects, was a stipulation that held up the design review process and requirements.
The elimination of the requirement of story poles. Requiring story poles added subjectivity, extended the review process for development, and added to the additional cost.
Eliminating the two provisions from the Housing Element is designed to remove barriers or impediments to the creation of new housing within Los Altos.
The resolutions address two of twenty-six actions to be taken in the first twelve months of the Housing Element adoption. The two resolutions will be reported to the California Department of Housing and Community Development on the City’s 2023 Annual Progress Report for Housing Element Implementation.
February 28, 2023
Los Altos City Council approved the Sewer Rate Study Report and directed staff to proceed with the Proposition 218 Notice Process. The process is required before rates go into effect on July 1, 2023. If the rate increase is not approved, then to meet contractual and other legal obligations to provide wastewater service, the City would be required to draw money from the general fund.
An impact to ratepayers and sewer reserve funds was created when in the November 1996 election, Proposition 218, initiated a new subset of fees and charges known as “property-related fees” for “property-related service.” City sewer rates are meant to provide services that directly relate to property. For resident safety, Prop. 218 provides that a property related fee may not be extended, imposed, or increased by any agency unless it meets a list of requirements, including an engineer’s rate study – Los Altos City’s Sewer Rate Study Report.
If sewer rates are not increased, the Los Altos won’t meet its contractual obligations to the cities of Palo Alto and Mountain View. The City can get sued and/or will not be able to discharge its sewage into the Palo Alto Treatment Plant. In addition, if Los Altos cannot pay for needed upgrades, the other cities may abandon those upgrades with consequences to the environment and public health. State and federal agencies would issue fines and other sanctions to bring the cities into compliance. Even so, public comment from residential seniors detailed strong concerns about increased sewer rates.
Los Altos will hold public hearings after Proposition 218 notices are sent to residents. At least 45 days will need to pass from when the notices are mailed before the public hearing is held in June 2023.
The City Council adopted five proposed ordinance amendments for the Los Altos municipal code to implement certain provisions of the sixth cycle Housing Element Update. Of the amendments, two led to the most questions: consolidating the Design Review Commission and Planning Commission and designating the Development Services Director as the review authority for projects of five or fewer residential units. A second reading and adoption is tentatively scheduled for March 14, 2023.
Recall that adopted housing elements are designed to remove any barriers or impediments to the creation of new housing within Los Altos. If the ordinance is not adopted, the city is vulnerable to penalties and consequences of housing element noncompliance. Right now, twelve lawsuits mark the first round of what will likely be many rounds of judicial review for noncompliance with state housing law in the Bay Area. Before lawsuits begin in Los Altos and to avoid A Writ of Mandate outcome, the Development Services director, Nick Zornes, recommended the city to expeditiously implement all decisions for the adopted 6th Cycle Housing Element 2023-2031.
Claire Noonan, Observer