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Published on 05/11/1998 All articles from this issue

Council approves 'affordable' 2nd living unit plan for Los Altos

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By Joanne Griffith Domingue / Town Crier Staff Writer

In one stroke, the Los Altos City Council broadened the scope of affordable second living units and then limited the lots that are eligible.

In a 4-1 decision at a May 12 meeting, council members voted to require all future granny units in Los Altos to be affordable.

But only lots that are 150 percent of the minimum lot size for the zone - typically 10,000 square feet - qualify. That means eligible lots must be at least 15,000 square feet. Of the lots in town, 15.1 percent or 1,372, are 15,000 square feet or larger.

"This is the wrong direction for the city to be going," said Mayor Kris Casto, who voted against the ordinance.

In a previous pilot ordinance that expired a year ago, affordable granny units were allowed on lots from 10,000 to 15,000 square feet. Casto wanted that ordinance renewed.

"Now 85 percent of the people cannot apply. You took them out of the process," she said to the other council members.

Casto asked that the record show that she is in favor of an affordable second-living-unit ordinance. But she supported the proposal that came from the staff and the planning commissioners that would have allowed affordable units beginning with 10,000-square-foot lots.

The council instead passed over that proposal in favor of an ordinance written by Councilman Francis La Poll, an attorney. Council members and the city attorney saw the La Poll proposal for the first time at 7:30 p.m. at the beginning of the meeting.

During the pilot ordinance from 1995-97, the city approved four affordable second living units. Since then, several applicants on large lots have applied for second living units. But lacking an ordinance, the city could not require them to be affordable.

"We have missed opportunities," La Poll said.

The council members who favored La Poll's ordinance expressed concerns about neighborhood density and parking problems with second units on smaller lots.

"Applications are coming in on the large lots," said Councilman Lou Becker. "That's the way it's working."

Before adopting the affordable second-living-unit ordinance in 1995, the city was sued for failing to provide its share of affordable housing.

One council member expressed concern that limiting the new ordinance to only 15 percent of the parcels in town could lead to "trouble down the road with the state."

Affordable means that the units must be rented below market rate to people of very low or low income. Income requirements do not apply when renting to relatives.

In Santa Clara County for 1998, a two-person household of very low income earns $30,900; a two-person household of low income earns $36,800.

The affordable second-living-unit ordinance will have a second reading at the next council meeting and will then go into effect 30 days later.