Waive further reading and adopt the Ordinance amending Section (Family Deftnition) ofthe Los Altos Hills Municipal Code in Attachment 1.

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1 AGENDA ITEM #10.F TOWN OF LOS ALTOS HILLS StaffReport to the City Council June 20, 2013 SUBJECT: ADOPTION OF AN AMENDMENT TO ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF "FAMILY" (Section of the Los Altos Hills Municipal Code); FILE #72-13 FROM: Debbie Pedro, Planning Director9~ APPROVED BY: Carl Cahill, City Manager c.,c... RECOMMENDATION: That the City Council: Waive further reading and adopt the Ordinance amending Section (Family Deftnition) ofthe Los Altos Hills Municipal Code in Attachment 1. BACKGROUND On May 20,2013, the City Council voted (5-0) to amend the deftnition offamily. The Ordinance and previous staff report dated May 20, 2013 are attached to this report for Council review. FISCAL IMPACT There is no ftscal impact associated with this item. CEQASTATUS The project is categorically exempt from the provisions ofthe California Environmental Quality Act (CEQA) under Section 15305, Minor Alterations in Land Use Limitations. ATTACHMENT 1. Draft Ordinance to the Los Altos Hills Municipal Code Sections (Deftnitions - "Family") 2. City Council staffreport dated May 20,2013 Report prepared by: Brian Froelich, Associate Planner

2 Attachment 1 ORDINANCE NO. 544 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS OF THE MUNICIPAL CODE WITH REGARD TO THE DEFINITION OF "FAMILY" WHEREAS, the City Council ofthe Town oflos Altos Hills ("Town") wishes to amend the Municipal Code Title 10, Chapter 1, Article 2 with regard to the definition of"family". NOW, THEREFORE, the City Council ofthe Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: Designated Family means one person living alone, or t\\':o (2) or more persons all related to each other by blood, marriage, or legal adoption, together 'lath neeessary domestie employees, or a group not ~weeding four (4) persons living as a single household unit. Family means one person or two or more individuals living together in a dwelling, sharing household responsibilities and activities, and having close social or economic or psychological commitments to each other. 2. 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 ofthe Town oflos Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE; PUBLICATION. This ordinance shall become effective thirty (30) days from the date ofits passage. Within 15 days after its passage, this ordinance shall be published once, with the names ofthose City Council Members voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: PASSED: AYES: NOES: 10f2

3 ABSTENTIONS: ABSENT: BY: Mayor _ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 of2

4 Attachment 2 TOWN OF LOS ALTOS HILLS StaffReport to the City Council May 20~ 2013 SUBJECT: AMENDMENT TO THE ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF "FAMILY" (Section of the Los Altos Hills Municipal Code); FILE #72-13 FROM: Debbie Pedro, Planning Director 'Jf APPROVED BY: Carl Cahill, City ManagerC.t.. RECOMMENDATION: That the City Council: Waive reading and introduce the proposed Ordinance amending Section (Family DefInition) ofthe Los Altos Hills Municipal Code inattachment 1. BACKGROUND On April 4, 2013, the Planning Commission voted 5-0 to adopt the proposed Ordinance amendment. Pursuant to Policy R, Program 34 of the 2009 Housing Element adopted by the City Council on November 18,2010, the deftnition of "family" within the Zoning Ordinance is required to be amended to be inclusive and nondiscriminatory. (Attachment #2 Housing Element page HE-65) The proposed amendinent will align the Town's deftnition of "family" with the deftnitions found in the State's Health and Safety Code and in the Welfare and Institutions Code. The current Los Altos Hills definition offamily in the Title 10, Chapter 1, and Article 2 ofthemunicipal Code is: Family means one person living alone, or two (2) or more persons all related to each other by blood, marriage, or legal adoption, together with necessary domestic employees, or a group not exceedingfour (4) persons living as a single household unit. DISCUSSION According to the State's Department of Housing and Community Development (HCD) there are two limitations when writing a deftnition offamily: Jurisdictions may not distinguish between related and unrelated individuals.

5 StaffReport to the City Council Amendment to Zoning Ordinance Section (Family) May 20, 2013 Page 2 of2 The definition may not impose a numerical limit on the number ofpersons in a family. Draft "Family" definition: Definitions: Family - means one person or two or more individuals living together in a dwelling, sharinghouseholdresponsibilities andactivities, andhavingclose social or economic orpsychological commitments to each other. This definition is consistent with RCD's recommendations. Additional discussion regarding a pertinent California Supreme Court case is included in the Planning Commission staffreport (Attachment #2) FISCAL IMPACT There is no fiscal impact associated with this recommendation. CEOASTATUS The project is categorically exempt from the provisions ofthe California Environmental Quality Act (CEQA) under Section 15305, Minor Alterations in Land Use Limitations. PUBLIC COMMENTS None ATTACHMENTS 1. Draft Ordinance to the Los Altos Hills Municipal Code Sections (Definitions - "Family") 2. Planning Commission staffreport-apri14, 2013 (no attachments) 3. Planning Commission draft meeting minutes - April 4, Program Rousing Element page HE-65 Report prepared by: Brian Froelich, Associate Planner

6 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS OF THE MUNICIPAL CODE WITH REGARD TO THE DEFINITION OF "FAMILY" WHEREAS, the City Council ofthe Town oflos Altos Hills ("Town") wishes to amend the Municipal Code Title 10, Chapter 1, Article 2 with regard to the definition of"family". NOW, THEREFORE, the City Council ofthe Town oflos Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section of Chapter 1 (Zoning) of Title 10 (Zonlng and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: Designated Family means one person living alone, or RVO (2) or more persons all related to each other by blood, marriage, or legal adoption, together vfith necessary domestic employees, or a group not exceedingfour (4) persons living as a singleflol:lsehold l:lnit. Family means one person or two or more individuals living together in a dwelling, sharing household responsibilities and activities, and having close social or economic or psychological commitments to each other. 2. SEVERABILITY. If any provision ofthis ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application ofsuch 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 ofthe Town oflos Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE; PUBLICATION. This ordinance shall become effective thirty (30) days from the date ofits passage. Within 15 days after its passage, this ordinance shall be published once, with the names ofthose City Council Members voting for or agairist it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: PASSED: AYES: NOES: 10f2

7 ABSTENTIONS: ABSENT: BY: :-;- Mayor _ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 20f2

8 TOWN OF LOS ALTOS IDLLS StaffReport to the Planning Commission April 4, 2013 SUBJECT: AMENDMENT TO THE ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF "FAMILY" (Section of the Los Altos Hills Municipal Code); FILE # FROM: Brian Froelich, AICP, Associate Planner~ APPROVED BY: Debbie Pedro, AICP, Planning Directortt>f ~ RECOMMENDATION: That the Planning Commission: Review the staff report and attached Zoning Ordinance amendment and forward a recommendation to the City Council to adopt the proposed amendments to Los Altos Hills Municipal Code Title 10, Chapter 1, Article 2 - Definitions. BACKGROUND Pursuant to Policy R, Program 34 of the 2009 Housing Element adopted by the City Council on November 18,2010, the definition of "family" within the Zoning Ordinance is required to be amended to be inclusive and nondiscriminatory. (Attachment #2 Housing ElementpageHE-65) The proposed amendment will align the Town's definition of "family" with the definitions found in the State's Health and Safety Code and in the Welfare and Institutions Code. Case law has further applied a broad definition of family to other aspects oflaw, including zoning and housing laws. Most specifically in a decision by the California Supreme Court, in City ofsantabarbarav. Adamson (1980), the Courtstruck down the definition of family in the Santa Barbara Municipal Code which made a distinction between related and unrelated persons in setting occupancy limits for single family homes. The Santa Barbara Municipal Code had previously defined family as: Either 1) an individual or two or more persons related by blood, marriage; or adoption living together as a single housekeeping unit, or 2) a group ofnot to exceedfive persons, excluding servants.' The Court ruled that this definition violated an individual's constitutionally guaranteed right to privacy by infringing on the right to choose with whom one lives. The current Los Altos Hills definition of family in the Title 10, Chapter 1, and Article 2 of the Municipal Code is:

9 StaffReport to the Planning Commission Family Definition April 4, 2013 Page 2 of2 Family means one person living alone, or two (2) or more persons all related to each other by blood, marriage, or legal adoption, together with necessary domestic employees, or a group not exceedingfour (4) persons living as a single household unit. DISCUSSION According to the State's Department of Housing and Community Development (HCD) there are two limitationswhenwriting a defmitionoffamily: Jurisdictions may not distinguish between related and unrelated individuals. The definition may not impose a numerical limit on the number ofpersons in a family. Draft "Family" definition: Definitions: Family - means oneperson ortwo or more individuals living together in a dwelling, sharing household responsibilities and activities, and having close social or economic orpsychological commitments to each other. This change is consistent with HCD's recommendations and the California Supreme Court decision. CEQASTATUS The project is categorically exempt from the provisions ofthe California Environmental QualitY Act (CEQA) under Section 15305, MinorAlterations in LandUse Limitations. ATTACHMENTS 1. Draft Ordinance to the Los Altos Hills Municipal Code Sections (DefInitions - "Family") 2. Program Housing Element page HE-65

10 MandIe, COlmnissioner Tankha NOES: Chair Partridge ABSENT: ABSTAIN: MOTION CARRIED. 3.3 LANDS OF PURISSIMA HILLS WATER DISTRICT (APPLICANT: T MOBILE); La CrestaDrive, File # CUP; a request for a Conditional Use Pennit renewal for an existing/previously approved wireless colmnunications facility and modifications to the ground equipment. CEQA review: exempt per (a) (Staff-Nicole Horvitz). Assistant Planner Nicole Horvitz presented the staffreport. Chair Partridge noted a correction to the staffrepolt. Commission discussion ensued. Commissioner Abraham suggested new wording for Item 9, and that language used on previous cell site requests be added to Item 10. Chair Partridge opened the PUBLIC HEARING. Alex Morin, T-Mobile Representative, stated that he agrees to the conditions set by the Commission. Chair Partridge closed the PUBLIC HEARING. MOTION SECONDED AND CARRIED: Moved by Commissioner Couperus, seconded by Comissioner Abraham and passed unanimously to forward a recolmnendatiol1 to the City Council to approve a request fora Conditional Use Pennit renewal for an existing/previously approved wireless communications facility and modifications to the ground equipment, and to include the amended wording for Conditions 9 and 10. -""';...~::II 3.4 AMENDMENT TO THE ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF "FAMILY". (Section 10~1.202 ofthe Los Altos Hills Municipal Code) In accordance with Fair Housing Law, amendment of the defmition of "famili l is necessary so that there is no distinguishing between related and unrelated individuals and does not impose a numerical limit on the number of persons in a family. The proposed ordinance amendment has been deemed to be exempt from Califomia Environmental Quality Act (CEQA) pursuant to 15061(b)(3) ofthe CEQA Guidelines (staff- Brian Froelich). Planning Commission Regular Meeting Minutes April 4,2013

11 Associate Planner Brian Froelich presented the staffreport. Chair Partridge opened the PUBLIC HEARING. Seeing no one wishing to speak Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. MOTION SECONDED AND CARRIED: Moved by Commissioner MandIe, seconded by Commissioner Tankha and passed unanimously to forward a recommendation to the City Council to approve an amendment ofthe definition of "family" in Title 10 ofthe Los Altos Hills Municipal Code. 3.5 AMENDMENT TO THE ZONING ORDINANCE TO INCLUDE TRANSITIONAL AND SUPPORTIVE HOUSING IN THE R-A (RESIDENTIAL AGRICULTURAL) ZONING DISTRICT AS AN ACCESSORY USE. (Section oftlle Los Altos Hills Mtmicipal Code) In accordance with Senate Bill 2, jurisdictions are required to regulate transitional and supportive housing as a type of residential use subject only to those restrictions that apply to thattype ofresidential use inthe same zone. Transitional -and suppoltive hotlsingofup to six (6) persons per parcel would be a permitted accessory use in the R-A zone. The proposed ordinance amendment has been deemed to be exempt from California Environmental Quality Act (CEQA) pursuant to and 15303(a) ofthe CEQA Guidelines (staff-brian Froelich). Associate Planner Brian Froelich presented the staffreport. Chair Partridge opened the PUBLIC HEARING. Seeing no one wishing to speak, Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Commissioner MandIe noted a correction in the wording of the proposed amendment. MOTION SECONDED AND CARRIED: Moved by Commissioner MandIe, seconded by Commissioner Abraham and passed unanimously to forward a recommendation to the City Council to amend the Zoning Ordinance to include Transitional and Supportive Housing inthe R-A (Residcntial- Agricultural) Zoning District as an accessory use. 4. OLD BUSINESS - none Planning Commi~sion Regular Meeting Minutes April 4, 20I3

12 R. Policy Address the housing needs of persons with special needs, including persons with disabilities, and persons in need ofemergency or transitional housing. 34. Program As part of this Housing Element, the Town has conducted a review ofzoning, building codes,and permit processing, and has identified the following actions appropriate to better facilitate the provision ofaccessible housing: Amend the definition of "family" within the zoning ordinance to be inclusive and non-discriminatory. Establish written procedures for r~asonable accommodation requests for persons with disabilities with respect to zoning, permit processing and building laws. Time Frame: Responsible Agency; Quantified Obj~ctive: Zoniug Ordinance Revisions by December 2012 Planning/City Manager N/A 35. Program Refer any individual or household in need of emergency shelter to appropriate agencies and organizations. Time Frame: Responsible Agency: Quantified Objective: Ongoing Planning/City Manager N/A 36. Program As required by State Law, amend the Zoning Ordinance to allow an emergency/homeless shelter at the Foothill Community College District site by right. It will be allowed as a permitted use without a conditional use permit or other discretionary permit. The size of the District property is adequate to accommodate future, potential homeless population in the Town. The Foothill parcel is 122 acres, with over 20 acres of uudeveloped land. This is rare part of Los Altos Hills that is close to public transit and other services, and is thus the most realistic area for an emergency shelter - larger, flatter, and more connected than most of the Town. In addition, the landowner/major stakeholder has been involved in the conversation about the rezoning to allow for emergency shelters and is amenable to the potential for an emergency shelter. The Town will also permit single room occupancy Draft 2009 Housing Element Los Altos Hills General Plan Page HE- 65