Los Altos Municipal Code Art. 4 Qualified Employee Housing

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:

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.

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.

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.

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.

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

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.

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.

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)