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HomeMy WebLinkAboutItem 5.1TOWN OF LOS ALTOS HILLS February 16, 2006 Staff Report to the Planning Commission RE: DISCUSSION TO CONSIDER AMENDING ZONING AND SITE DEVELOPNIENT CODES WITH REGARD TO EFFECTIVE DATE, APPEAL, AND COUNCIL REVIEW OF ACTIONS FOR ZONING AND SITE DEVELOPMENT PERMITS (SECTIONS 10-1.1108-1110,10-2.1305, AND 10- 2.1313) FROM: Debbie Pedro, AICP, Senior Planner APPROVED BY: Carl Cahill, City Manager Pro Tem Ct That the Planning Commission: Discuss the proposed revisions and direct staff to prepare text amendments to the ordinances as determined to be necessary. DISCUSSION The purpose of the proposed amendment is to correct existing inconsistencies in the Town's Municipal Code with regard to the approval and appeal process for Zoning and Site Development permits. Provisions for the approval and appeal process for Zoning and Site Development Permits are found in the following sections of the Municipal Code: I . Section 10-2.1313 (Site Development) provides the effective date, appeal process, and council review of action for Zoning and Site Development Permits. 2. Sections 10-1-1108-1110 (Zoning) provide the effective date, appeal process, and council review of action for Variances, Conditional Use Permits, and Conditional Development Permits. 3. Section 10-2.1305 (Site Development) provides the effective date, appeal process, and council review of action for Fast-track twoJect approvals. Each of the referenced code sections currently contains slight variations on the effective date of the permit approval, the appeal process, and requirements for placing projects on the consent agenda for council review. For example, projects approved under Sections 10-2.1313 (Zoning and Site Development permits) and 10-1. 1108 (Variance, CUP, CDP) become effective on the 23� day from the date of permit approval while projects approved under Section 10-2.1305 (Fast-track process) become effective on the 22nd day from the date of permit approval. In addition, the appeal period for Fast-track permits is Staff Report to the Planning Corminissicin February 16, 2006 Page 2 of 2 contingent upon City Council's consideration of the item on its consent agenda which varies from project to project depending on the date of the project approval (Section 10- 2.1305.b.12). The proposed amendments will correct my discrepancies on the effective date, appeal period, and council review of action in the ordinances so that they will be consistent throughout the code sections. (See chart below) Attached are copies of the relevant sections of the zoning and site development ordinances and the proposed revisions. CEOA STATUS The proposed ordinance amendment is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. ATTACHMENTS 1. Current and proposed Town of Los Altos MlIs Zoning and Site Development Ordinance Sections 10-1. 1108-1110, 10-2.1305, and 10-2.1313 SD Zoning Fast Track Proposed Text Amendment Ordinance Ordinance (10-2.1305) (10-2.1313) (10-1.1108-10) Effective Date "Actions ... with regard to zoning permits and 23rd day 23" day 221�-dw site development permits shall become final on 23" day the twenty-third (23") da following the action." Appeal Net latff man Go "Any interested party my appeal ... in the City 23 days 23 days eensent agenda 9F Council by filing a written notice of appeal 22 days 22 days ;;; days with the City Clerk within twenty-two (22) - 22 days days of the decision. Council Review of Action (C.wra C.I.&o NAt --F'i-F dl -H 9PH "Within twenty-two (22) days of ... approval of (10) days BE la4eF a site development permit .... the City Clerk than twenty efie shall note such an approval on the agenda of a 22 days 21 days City Council meeting and the Council may 22 days (21) aftef the site discuss the action taken for the sole purpose of development eliciting any desired information, following d.eigien which any member of the Council may appeal 22 days the matter by noting so on the record. Attached are copies of the relevant sections of the zoning and site development ordinances and the proposed revisions. CEOA STATUS The proposed ordinance amendment is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. ATTACHMENTS 1. Current and proposed Town of Los Altos MlIs Zoning and Site Development Ordinance Sections 10-1. 1108-1110, 10-2.1305, and 10-2.1313 PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1313 (Zoning and Site Development Permits) Revisions in Blue TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13 (Administration and Enforcement). Section 1313 (Effective Dates; Appeals) Sm. 10-2.1313. Effective date; Appeals; Council Review of Actions. (a) Effective date. Actions of the Planning Director with regard to zoning permits and site development permits shall become final on the eleventh day following the action, unless an appeal is filed in accordance with the provisions set forth below. Notice of actions of the Planning Director that require a public hearing pursuant to Section 10-2.1305(b) shall be provided to all members of the Planning Commission, to the property owner, to the applicant, and to all interested parties who submitted written comments or testified at the hearing. Actions of the Planning Commission with regard to zoning pemits and site development permits shall become final on the twenty-third day following the action, unless an appeal is filed in accordance with the provisions set forth below. (b) Appeals. Any interested party may appeal a decision of the Planning Director to the Planning Commission by filing a written notice of appeal with the City Clerk within ten (10) days of the Planning Director's decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the Council or any two (2) members of the Planning Commission may file such an appeal without payment of a fee. Any interested party may appeal a determination of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within twemy4hyee,+23)-days twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each notice of appeal, except that any member of the Council may file such an appeal without payment of a fee. The Council or the Planning Commission, whichever is applicable, shall hold a public heating in accordance with the provisions of Section 10.1.1105. (c) Council review of actions. Within twenty-two (22) days of the Planning Commission's approval of a site development permit for a new residence, secondary dwelling, major remodel of either, the City Clerk shall note such an approval on the agenda of a City Council meeting and the Council may discuss the action taken for the sole purpose of eliciting any desired information, following which any member of the Council may appeal the matter by noting so on the record. If the Council does not meet within twenty-two (22) days of the Planning Commission decision, the City Clerk shall give written notice of the approval to each Councilmember. Included in that notice shall be the date by which a written appeal by a Councilmember must be received by the City Clerk. If a Councilmember appeals the matter, the Council shall set the matter for public hearing in accordance with the provisions of Section 10-1.1105. PROPOSED TEXT AMENDMENTS FOR SECTIONS 10-1.1108-1110 (Variances, Conditional Use Permits, and Conditional Development Permits) Revisions in Blue TITLE 10 (Zoning and Site Development). Chapter I (Zoning). Article 11 (Appeals, Variances, Conditional Use Permits, Conditional Development Permits and Amendments). Sections 1108-1110 (Effective Dates; Appeals; Council Review of Actions) Sm. 10-1.1108. Effective dates of actions ofthe Planning Commission Appeals;Council Review of Actions. (a) Effective Date. Actions of the Planning Commission with regard to variances, conditional development permits and appeals form administrative officials shall become final on the twenty-third day following the action, unless an appeal is filed in accordance with Section 10- 1. 1109 or Section 10-1. 1110. Actions of the Staff Committee with regard to variances shall become final on the eleventh day following the action unless an appeal is filed in accordance with Section 10-1. 1109. (§ 1, Ord. 305, eff. October 13, 1986; § 7, Ord. 314, eff. November 6, 1987; § 1, Ord. 348, eff. August 16, 1992; § 3, Ord. 372, eff. August 19, 1994) See. 10 1.1109- Appeals from decisions of the Planning Commission and 8 Committee. (b) Appeals. Any interested party may appeal a decision of the Staff Committee to the Planning Commission by filing a written notice of appeal with the City Clerk within ten (10) days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that my member of the Council or any two (2) members of the Planning Commission may file such an appeal without payment of a fee. Any interested party may appeal a decision of the Planning Commission to the Council by filing a written notice of appeal with the City Clerk within twenty three_�_Ln en �-two 22� days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any Councilmember may file an appeal without payment of a fee. The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 1- 10. 1105. (§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 312, eff. June 5, 1987; § 8, Ord. 314, eff. November 6, 1987; § 3, Ord. 339, eff. November 3, 1990; § 2, Ord. 348, eff. August 16, 1992; § 4, Ord. 372, eff. August 19, 1994; § 1, Ord. 404, eff. December 4, 1999) See. 10 1.1110. Couneill mview of neteons (c) Council review of actions. Within twenty one (21) days twenty-two (22) daVs of the Planning Commission's approval of a variance, conditional development permit, or ruling pursuant to Section 10-1.1102, the City Clerk shall note such an approval on the agenda of a City Council meeting and the Council may discuss the action taken for the sole purpose of eliciting any desired information, following which any member of the Council may appeal the matter to the Council by noting so on the record. If the Council does not meet within twenty one (21) days twenty-two (22) daVs of the Planning Commission decision, the City Clerk shall give written notice of the decision to each councilmember. Included in that notice shall be the date by which a written appeal by a councilmember must be received by the City Clerk. If a councilmember appeals the matter to the Council, the Council shall set the matter forpublic hearing in accordance with the provisions of Section 10-1.1105. (§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 312, eff. June 5, 1987; § 3, Ord. 348, eff. August 16, 1992; § 5, Ord. 372, eff. August 19, 1994) PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1305 (Fast -Track Project Approvals) Revisions ill Blue TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13 (Administration and Enforcement). Section 1305.1 (Fast -Track Process) Sec. 10-2.1305.1 Fast-track process. (a) The Planning Director may fast-track any site development application for a project specified for Planning Commission review under subsection 10-2.1305(c) above, subject to the determination that: (1) The project conforms to the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies adopted by the Council and subdivision conditions, where applicable; and (2) The project would not require approval of a variance or a conditional development permit; and (3) Them is no substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); and (4) The applicant agrees in writing to accept all of the proposed conditions of approval. (b) The fast-track review process shall consist of the following: (1) A complete application must be filed pursuant to the provisions of Section 10- 2.1303 above. (2) Upon the Planning Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project. (3) Upon installation of the story poles to the satisfaction of the Planning Director, notice of a site development hearing shall be mailed to all owners of property located within five hundred (500') feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission. (4) The Planning Director shall set a site development hearing for the proposed project to be held not sooner than ten (10) days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary. (5) Environmental Design Committee and Pathways Committee representatives may participate in the site development hearing, and shall receive notice of the hearing on the same date that notice is mailed to property owners. (6) An interim staff report shall be prepared at least five (5) days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and subdivision conditions, where applicable. (7) The hearing shall be conducted by the Planning Director, and no other person may preside over the hearing unless so authorized by action of the City Council. (8) The Planning Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and subdivision conditions, if applicable, and that no substantive neighborhood opposition exists. (9) A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. if opposition to the project exists, that opposition shall be noted in the final staff report along with the Planning Director's assessment of whether the opposition is supported by facts or relevant information. (10) Written notice of the Planning Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of ten (10) days prior to the end of the appeal period. (11) Council review of actions. The final staff report shall be forwarded to the City Council on a consent calendar for a meeting to be held not eafiief than ten (10) days -Of later than twenty one (21) twenty-two (22) days after the site development decision; in the event that no Council meeting is held within that period, the City Clerk will notify the Council of the Planning Director's decision and, if no appeal is made prior to twe"ty eve (21 twenty- two (22) days after the site development hearing, the project will be considered approved. (12) Appeals. Appeals of the Planning DiveeteF (21) &ys aftes: the site Elevelepment dee a on & n the eN,ent that no Comwfl_� seheduled. Any interested party may appeal a decision of the Planning Director to the City Council by filing a written notice of appeal with the City Clerk within twenty-two (22) days of the Planning Director's decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the Council or any two (2) members of the Planning Commission mayfile such an appeal without payment of a fee. The Council shall hold a public hearing, in accordance with the provisions of Section I- 10.1105. 13) Effective date. If no appeal is made, the decision of the Planning Director shaR be-fi*ah—shall become flnal on the twenty-third day following the action. if an appeal is made, the Council shall set a public hearing to consider the appeal pursuant to the provisions of subsection 10-2.1313(c) below. (c) The Planning Director shall submit an application for a project to the Planning Commission if the Director determines that: (1) The project does not conform to the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies adopted by the Council and subdivision conditions, where applicable; or (2) The project would require approval of a variance or conditional development permit; or (3) There is substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); or (4) The applicant does not agree to accept all of the proposed conditions of approval in writing; or (5) The project presents unique planning issues that need greater discussion. (d) The Planning Director's determination to fast-track or submit a project to the Planning Commission is final. (c) The City Council and no individual Councilmember(s) shall attempt to influence the Planning Director's determination of whether to fast-track or submit a project to the Planning Commission. (f) Councilmember(s) shall not appeal a fast-track project on the basis that the applicant objects to one or more condition(s) of approval. (§ 2, Ord. 400, eff. July 31, 1999)