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Planning Commission recommends multifamily zoning changes to meet HCD concerns and adds unit‑mix requirement
Summary
To address Housing and Community Development feedback, commissioners voted April 13 to forward zoning and land‑use amendments that reduce minimum site size and modify setbacks; the commission added a requirement that multifamily projects provide at least three unit sizes (one ≤750 sq ft) and cap any single size at one‑third of the total.
The Los Altos Hills Planning Commission on April 13 voted to recommend city council adopt ordinance amendments to multifamily development standards intended to address a recent review letter from the California Department of Housing and Community Development (HCD). Staff proposed several changes to remove what HCD described as potential regulatory constraints, and the commission approved those amendments with a targeted modification to preserve a local policy emphasis on unit mix and smaller units.
What staff proposed: Community Development Director Jay Bradford told the commission HCD had signaled three topics as potential constraints: an average unit‑size cap in the draft ordinance, certain setback metrics, and a minimum multifamily site size. Staff proposed removing the municipal average unit‑size cap (the earlier draft used a 750‑sq‑ft average), reducing a proposed 60‑foot buffer to 35 feet where a multifamily zone abuts RA single‑family zoning, and reducing the minimum site size from 3 acres to 0.5 acres to align with HCD guidance on what qualifies as an appropriate multifamily site.
Commission response and modification: Commissioners expressed concern that dropping average unit‑size controls entirely could encourage larger unit footprints that undermine the town’s goal of encouraging smaller and affordable units. After public comment from legal and planning experts noting legal risks about how 'site' is defined and how density bonus law can apply to gross acreage, the commission offered a compromise crafted to give council options and preserve local priorities. The commission recommended the ordinance amendments but modified Table 1 to require:
- unit sizes permitted from 350 to 1,800 sq ft (maximum reduced from staff's unconstrained proposal), - at least three distinct unit size types in each multifamily project, with no single unit type exceeding one‑third of the total units, - at least one unit type be 750 sq ft or smaller.
Why it matters: The changes intend to address HCD’s concerns about constraints while preserving local control over unit mix and encouraging smaller units that better align with affordability goals. Commissioners and members of the public debated tools such as floor‑area ratio, contiguous buildable area definitions, and subdivision/site definitions to ensure the proposed zoning changes do not unintentionally vest far higher densities when state density‑bonus rules apply.
Next steps: The commission forwarded the recommendation (including the unit‑mix modification) to city council for decision. Staff indicated it will present the ordinance package and supporting findings to council; the council may adopt, modify or return the items to planning commission for further refinement.
