The purpose of this section is to establish provisions for the review of supportive and transitional housing. The established provisions of this chapter shall allow for all proposed supportive and transitional housing to be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

"Supportive housing" shall mean a housing development project as defined in Government Code section 65582(g), as may be amended or renumbered from time to time, as being housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. "Target population" means persons with low incomes who have one or more disabilities as described in section 65582(i) of the Government Code.

"Transitional housing" shall mean a housing development project as defined in Government Code section 65582(j), as may be amended or renumbered from time to time, as being building(s) configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The districts established by this section shall allow supportive and transitional housing and are designated as follows:

Multiple-Family District (R3-4.5)

Multiple-Family District (R3-5)

Multiple-Family District (R3-3)

Multiple-Family District (R3.1.8)

Multiple-Family District (R3-1)

Commercial Downtown/Multiple-Family District (CD/R3)

Commercial Thoroughfare District (CT)

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

Development standards shall be the same for supportive and transitional housing as they are for any residential housing development located within the zoning district. Additional standards specific for supportive and transitional housing developments are as follows:

A.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.

B.

One hundred percent (100%) of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income residents. For purposes of this paragraph, "lower income households" has the same meaning as defined in section 50079.5 of the Health and Safety Code.

C.

At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

D.

The developer provides the planning agency with the information required by Section 65652 of the Government Code.

E.

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

1.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services.

2.

For a development with more than twenty (20) units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

F.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.

G.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

H.

Parking.

1.

Parking stall requirement shall be one-half per unit and one for each on-site management/staff.

2.

No Parking shall be required within one half mile of a public transit stop.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

The development services department shall notify the project applicant whether the application is complete within thirty (30) days of receipt of an application.

B.

After the application is deemed complete, the development services department shall complete its review of the application within sixty (60) days for projects of fifty (50) or fewer units and one hundred and twenty (120) days for projects of fifty-one (51) and greater.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65660.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

"Low-barrier navigation center" means 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.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The provisions of this chapter shall apply to all low-barrier navigation center projects.

The permit shall be a ministerial action without discretionary review or a hearing. The city will notify a developer whether the developer's application is complete within thirty (30) days, pursuant to Government Code section 65943. Action shall be taken within sixty (60) days of a complete application being filed.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A planning permit is required prior to the establishment of any low-barrier navigation center project meeting the following criteria:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

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.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

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.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The districts established by this section shall allow low-barrier navigation centers and are designated as follows:

Commercial Downtown/Multiple-Family District (CD/R3)

Commercial Neighborhood District (CN)

Commercial Downtown District (CD)

Commercial Retail Sales District (CRS)

Commercial Thoroughfare District (CT)

Commercial Retail Sales/Office District (CRS/OAD)

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

All low-barrier navigation center development shall meet the following requirements:

A.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B.

Coordinated Entry System. 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.

C.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D.

Homeless Management Information System. 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.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The purpose of reasonable accommodations is to provide provisions in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code §§ 65008 and 12900 et seq., together referred to as "Fair Housing Laws") for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the term's "disability," "handicapped," or similar terms, as defined in the Fair Housing Laws, as may be amended from time to time. The purpose of this article is to establish the procedure by which a request for a reasonable accommodation shall be made and processed.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to housing opportunities.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the housing of their choice.

C.

A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not necessary to achieve the purposes set forth in paragraph (B).

D.

If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes, or (2) the accommodation is to be used by another individual with a disability.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

Application for a request for reasonable accommodation shall be made in writing on a form provided by the development services department. The form shall be signed by the property owner or authorized agent. The application shall state the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the development services director. The application shall include the zoning, land use and/or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested, including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation, along with documentation that demonstrates the reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

B.

If any information provided is identified by an applicant as confidential then the city shall endeavor to withhold that information from copying and inspection by members of the public, to the extent reasonably determined by the city to be authorized or required by applicable law, including Government Code sections 7926.000 to 7926.500 and 7927.705, and Section 1 of Article 1 of the California Constitution.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

Within sixty (60) days of receipt of a completed application, the development services director, or designee, shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. The request shall be processed independently of any other required development permits. However, approval of reasonable accommodation may be conditioned upon approval of other related permits.

B.

The filing of an application for request for reasonable accommodation shall not require public notice.

C.

If necessary to reach a determination on the request for reasonable accommodation, the development services director, or designee, may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required.

D.

The decision on a request for reasonable accommodation shall be final and not appealable.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:

1.

The housing which is the subject of the request for reasonable accommodation will be occupied by an individual, or individuals, with a disability protected under Fair Housing Laws;

2.

The requested accommodation is necessary to make specific housing available and/or accessible to an individual with a disability protected under the Fair Housing Laws;

3.

The requested accommodation would not impose an undue financial or administrative burden on the city; and

4.

The requested accommodation would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, and procedures.

B.

In granting a request for reasonable accommodation, the development services director, or designee may impose any conditions of approval deemed reasonably necessary to ensure that the reasonable accommodation would comply with the findings required above.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The Employee Housing Act allows for flexibility in housing types for employee housing, including conventional and nonconventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle, and travel trailers. The laws and regulations governing these structures depend on the housing type; however, all qualified employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000 et seq.) and the Employee Housing Regulations (California Code of Regulations Title 25, Division 1, Chapter 1, Subchapter 3—Employee Housing), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

"Qualified employee housing" means employee housing defined in Health and Safety Code section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Health and Safety Code section 50101. Any housing development project approved pursuant to Health and Safety Code section 17021.8 is also "qualified employee housing," and shall be a permitted use notwithstanding anything to the contrary in this code.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

Qualified employee housing for seven or more employees shall be considered an agricultural use and shall not require any discretionary approval not required of other agricultural activity in the same zone, provided that:

1.

The qualified employee housing should not consist of more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household.

2.

All temporary or permanent structures that contain qualified employee housing shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located.

3.

Parking shall be provided in accordance with chapters 14.74 and 14.75 of this code, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the development services director.

4.

Qualified employee housing shall comply, as applicable, with the following: (1) Employee Housing Act (California Health and Safety Code Sections 17000—17062); (2) Mobilehome Parks Act (California Health and Safety Code Sections 18200—18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860—18874), as may be amended from time to time.

5.

Qualified employee housing shall be reviewed and approved subject to the same requirements as other agricultural uses within the same zone.

6.

If an existing agriculture use does not have any required permit, a permit for both the agricultural use and qualified employee housing must be obtained.

a.

The property owner shall obtain and maintain any required permit to operate pursuant to Health and Safety Code section 17030 et seq.

7.

The property owner shall: (1) complete and submit to the development services director a verification form no later than thirty (30) days after receiving a permit to operate from HCD; (2) a verification form shall be submitted to the development services director annually to ensure compliance with this Chapter 14.63; and (3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants' employment information, and proof that a permit to operate has been obtained and maintained.

8.

Qualified employee housing—seven or more employees shall be removed or converted to another permitted use at such time as the agricultural activity to which it relates ceases operation for more than twelve (12) consecutive months.

B.

Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing for six or fewer employees is subject to all municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The City of Los Altos shall allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for conventional single-family residential dwellings. Except with respect to architectural requirements, the city shall only subject the manufactured home and the lot on which it is placed to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking, aesthetic requirements, and minimum square footage requirements. Any architectural requirements imposed on the manufactured home structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof overhang, roofing material, and siding material. These architectural requirements may be imposed on manufactured homes even if similar requirements are not imposed on conventional single-family residential dwellings. However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot. In no case may the city apply any development standards that will have the effect of precluding manufactured homes from being installed as permanent residences.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

Manufactured Homes and Factory-Built Housing shall be reviewed and approved in accordance with the provisions of all single-family housing development within the City of Los Altos.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The purpose of this section is to establish provisions for the review of residential care facilities. The established provisions of this chapter shall allow for all proposed residential care facilities to be a use by right in zones where residential structure(s) and use(s) are allowed or existing at the time this code was established.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

"Residential care facility" or "residential care facilities" shall be defined consistent with the California Health and Safety Code Section 1502 which may be amended from time to time. The following shall constitute a residential care facility within the City of Los Altos:

1.

"Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

a.

"Residential facility" means any family home, group care facility, or similar facility determined by the director, for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

b.

"Adult day program" means any community-based facility or program that provides care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a twenty-four (24) hour basis.

c.

"Therapeutic day services facility" means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a twenty-four (24) hour basis to persons under eighteen (18) years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.

d.

"Foster family agency" means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.

e.

"Foster family home" means any residential facility providing twenty-four (24) hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.

f.

"Small family home" means any residential facility, in the licensee's family residence, that provides twenty-four (24) hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.

g.

"Social rehabilitation facility" means any residential facility that provides social rehabilitation services for no longer than eighteen (18) months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.

h.

"Community treatment facility" means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

The districts established by this section shall allow residential care facilities by-right and are designated as follows:

Single-Family District (R1-10);

Single-Family District (R1-H);

Single-Family District (R1-20);

Single-Family District (R1-40);

Single-Story Single-Family Overlay District (R1-S);

Multiple-Family District (R3-4.5);

Multiple-Family District (R3-5);

Multiple-Family District (R3-3);

Multiple-Family District (R3.1.8);

Multiple-Family District (R3-1);

Office-Administrative District (OA);

Office-Administrative District (OA-1 and OA-4.5);

Commercial Downtown/Multiple-Family District (CD/R3);

Commercial Neighborhood District (CN);

Commercial Downtown District (CD);

Commercial Retail Sales District (CRS);

Commercial Thoroughfare District (CT);

Commercial Retail Sales/Office District (CRS/OAD);

Planned Community (PC);

Planned Unit Development (PUD).

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

No residential care facility regardless of size shall require discretionary review to establish use and operation within the City of Los Altos. This provision is only applicable to the allowed use and does not apply to any discretionary review required by other chapters within the code for the establishment or modification of any structure within the City of Los Altos.

B.

Any required building permit shall be obtained from the development services department prior to establishing the use and operation within the City of Los Altos.

C.

Any required license or permit by the California Department of Social Services (CDSS) or the California Department of Health Care Services (DHCS) that is required shall be obtained prior to establishing use and operation within the City of Los Altos.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)

All residential care facilities shall meet the standard development standards for the zone in which it is located. No additional or special development standards shall be imposed on any residential care facility.

(Ord. No. 2023-503, § 4(App. D), 11-28-2023)