Fair Housing Resources

Emergency Shelter

To provide first-line shelter for those experiencing acute homelessness, the Town adopted Ordinance 556 to add to Section 10-1.702 of the Los Altos Hills Municipal Code. This ordinance allows for the establishment of emergency shelter housing within the Town's R-A Zone without the need for a conditional use permit or other discretionary action. This amendment addresses the requirements of state housing law and the development standards included are within the parameters allowed by state law. The Program E-2 of the Town's 2023-2031 Housing Element requires further amendment to the Zoning Ordinance related to emergency shelters requirements to ensure that shelters are not subject to standards that do not apply to other uses in the R-A zone or development standards that are not objective or inconsistent with state law and to address spacing or proximity requirements, bed limits, and parking requirements in conformance with state law.

What are Low-barrier Navigation Centers (LBNC's)
A LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. (Gov. Code, § 65660; Association of Bay Area Governments)

Low Barrier Navigation Centers are facilities that offer immediate shelter and support to those struggling with housing insecurity. As a part of its 6th cycle Regional Housing Need Allocation agenda and Assembly Bill 101 (AB101), the state HCD mandated that all communities provide access to LBNC's to provide a first line of protection for those who are unhoused. AB 101 requires a Low Barrier Navigation Center (LBNC) be a use "by right" in areas zoned for mixed use and nonresidential zones, permitting multifamily uses if it meets specified requirements, including:

• Access to permanent housing.
• Use of a coordinated entry system (i.e. Homeless Management Information System).
• Use of Housing First according to Welfare and Institutions Code section 8255. (Gov. Code, § 65662.)

Recent Legislation

AB 678 (2017) -- In tandem with SB 167, AB 678 imposes fines and enforcement on local agencies who are found, by a court of law, to have acted in bad faith when denying applications for housing developments or emergency shelters.

SB 167 (2017) -- Rules that applications for housing developments and emergency shelters may not be denied due to changes to zoning ordinances in place after the application is complete; authorizes the court to issue an order of judgment directing local agencies to approve the development or shelter if the agency acted in "bad faith" when denying the application.

SB 918 (2018) -- Directs Department of Housing and Community Development (HCD) programs aimed at ending youth homelessness through funding initiatives like emergency shelters.

AB 101 (2019) -- Establishes the provision of Low Barrier Navigation Centers (LBNCs).

AB 2553 (2020, amended 2022) – Rules that towns may adopt ordinances to develop emergency shelters for houseless individuals.

AB 68 (2021) -- Requires the HCD to publish annual reports on oversight actions related to local agencies' violations in providing low barrier navigation centers, permanent supportive housing streamlining, the Housing Crisis Act (SB 330 from 2019), Affirmatively Furthering Fair Housing (AB 686 from 2018), and SB 35; requires the HCD to specify the number of affordable units needed to meet state housing needs.

AB 362 (2021) -- Requires local agencies who receive habitability complaints about homeless shelters from their occupants to issue a notice to correct the violation within 10 days of inspection; authorizes agencies to issue emergency orders directing the shelter’s operators to take immediate action and to enforce additional civil penalties if not corrected within 30 days following the initial notice.

AB 2339 (2022) -- Requires that emergency shelters only be subject to objective standards; prohibits cities from reducing the density in parcels identified for use to meet its regional housing need; requires cities to ensure that their future housing elements are written to meet remaining unmet regional housing needs.