HomeMy WebLinkAbout584ORDINANCE 584
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
SECTION 3-3.303, SECTION 9-1.1112, AND ARTICLE 6 OF CHAPTER 2,
TITLE 10 OF THE LOS ALTOS HILLS MUNICIPAL CODE
CONCERNING THE PATHWAY FEE AND PATHWAY FUND
WHEREAS, Article 3 "Pathway Fund" of Chapter 3 "Funds," Title 3 "Finance" of the Los Altos
Hills Municipal Code establishes a special fund known as the "Pathway Fund"; and
WHEREAS, the Town desires to amend Section 3-3.303 "Expenditures" of the Los Altos Hills
Municipal Code to clarify that the Pathway Fund be used exclusively for the construction of the
Town's pathway system; and
WHEREAS, the Town desires to amend Section 9-1.1112 "Pathways" of the Los Altos Hills
Municipal Code to clarify that subdividers are required to dedicate pathways easements, pay
pathway fees, and/or construct paths when required as a condition ,of approval of tentative
subdivision or parcel maps; and
WHEREAS, Article 6 "Pathway Dedication, Maintenance and Improvement" of Chapter 2 "Site
Development," Title 10 "Zoning and Site Development" of the Los Altos Hills Municipal Code
implements the Master Pathway Plan of the General Plan of the Town; and
WHEREAS, the.Town desires to amend Section 10-2.606 "Dedication of pathway easements"
and repeal Section 10-2.607 "Construction of pathways" to clarify that payment of pathways fees
and/or dedication of a pathway easement is required whenever a site development permit is
requested for a main residence; an accessory dwelling unit; an addition to a structure of at least
nine hundred (900) square feet of "habitable" floor area (including cumulative additions made over
a period of ten (10) year(s)); or a barn or stable for equestrian use of at least nine hundred (900)
square feet in floor area; and
WHEREAS, the Town desires to amend Section 10-2.608 "Pathway fee" to clarify that the
pathway fee is assessed as a development impact fee for purposes of the Mitigation Fee Act (AB
1600) (Gov. Code §66000 et seq.).
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as
follows:
SECTION I. AMENDMENT OF CODE.
The City Council of the Town of Los Altos Hills hereby amends the following sections of the Los
Altos Hills Municipal Code to read as follows. Sections and subsections that are not amended by
this ordinance are not included below and shall remain in full force and effect.
Section 3-3.303, is hereby amended as follows:
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3-3.303 Expenditures.
All funds received and held in the Pathway Fund shall be used exclusively construction of the
Town's pathway system.
2. Section 9-1.1112, is hereby amended as follows:
9-1.1112 Pathways.
Every subdivider shall dedicate pathway easements, pay pathway fees, and/or construct paths to
Town standards when such dedications, payments, and/or construction requirements are a
condition of approval of the tentative subdivision or parcel map, consistent with the Pathway
Element of the General Plan and the Master Pathway Plan. Any lot in the subdivision that does not
contain a path shall be assessed a pathway fee, the amount of which shall be fixed by Council
resolution. Funds collected shall be deposited in the Town's Pathway Fund.
3. Section 10-2.606, is hereby amended as follows:
10-2.606 Payment of pathway fees and/or dedication of pathway easements.
Whenever a site development permit is requested for a main residence, an accessory dwelling
unit, an addition to a structure of at least nine hundred (900) square feet of "habitable" floor area
(including cumulative additions of nine hundred (900) or more square feet of habitable floor area
made over a period of ten (10) year(s)), or a barn or stable for equestrian use of at least nine
hundred (900) square feet in floor area, on a property which is designated on the Master Path
Plan for an off-road pathway or for a roadside pathway, but where all or a portion of such
roadside path cannot feasibly be located within the existing public or private right-of-way; the
Site Development Authority may require the payment of pathway fees and/or dedication of an
easement for public use as part of the Town's pathway system according to the guidelines
contained in the Pathway Element of the General Plan. Pathway easements shall be required
within emergency road easements. In addition, the following guidelines apply:
(a) An easement should generally be located along the boundary of a property;
(b) The easement shall be located so as to connect to existing or future pathway segments
at the boundaries of a property; and
(c) The easement shall not be located on terrain that cannot be safely or conveniently
traversed by pedestrians or equestrians.
5. Section 10-2.607, regarding construction of pathways is hereby repealed from the
Municipal Code and reserved as follows:
10-2.607 Reserved.
6. Section 10-2.608, is hereby amended as follows:
10-2.608 Pathway fee.
A site development permit for a lot on which no path is needed and on which is to be constructed
a main residence, an accessory dwelling unit, an addition to a structure of at least nine hundred
Ordinance 584 Page 2
(900) square feet of "habitable" floor area (including cumulative additions of nine hundred (900)
or more square feet of habitable floor area), or a barn or stable for equestrian use of at least nine
hundred (900) square feet in floor area shall be assessed a pathway fee, the amount of which shall
be fixed by Council resolution as a development impact fee pursuant to the Mitigation Fee Act
(AB 1600) (Gov. Code §66000 et seq.). For purposes of assessing the pathway fee, "habitable"
floor area does not include additions for kitchen and dining rooms, entryways, foyers, hallways,
stairways, or elevators. Pathway fees collected shall be deposited in the Town's pathway fund. No
fee shall be assessed if the lot has been assessed and has paid a fee pursuant to Section 9-1.1112
of the Subdivision Ordinance.
SECTION II. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this ordinance, including the application of such part
or provision to other persons or circumstances shall not be affected thereby and shall continue in
full force and effect. To this end, provisions of this ordinance are severable. The City Council of
the Town of Los Altos Hills hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION III. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall take effect thirty (30) days after adoption. Within fifteen (15) days after the
passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be
published once, with the names of those City Councilmembers voting for or against it in a
newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED: September 19, 2019
PASSED: October 17, 2019
AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember
Tankha, Councilmember Tyson
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Roger 4reen,-91ayor
Ordinance 584
Page 3
ATTEST:
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
City Attorn
3345838.1
Ordinance 584 Page 4