HomeMy WebLinkAbout592ORDINANCE 592
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 1 OF
TITLE 9 (SUBDIVISIONS) AND CHAPTERS 1 AND 2 OF TITLE 10 (ZONING AND SITE
DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE UPDATING THE
APPEALS PROCESS AND CLARIFYING THE EFFECTIVE DATE OF DECISIONS
MADE BY THE PLANNING DIRECTOR, STAFF COMMITTEE AND PLANNING
COMMISSION; AND AMENDING ARTICLE 6 IN CHAPTER 1 OF TITLE 10 TO
REESTABLISH MINIMUM PARKING STALL DIMENSION REQUIREMENTS
WHEREAS, the Town desires to amend the Zoning and Site Development Codes to clarify the
appeals process for all Zoning and Site Development permit decisions, and to reestablish the
minimum parking stall dimension requirements for off-site parking spaces; and
WHEREAS, the Ordinance to amend the Zoning and Site Development Codes was processed in
accordance with the applicable provisions of the California Government Code and the Los Altos
Hills Municipal Code; and
WHEREAS, on December 10, 2020, the Los Altos Hills Planning Commission held a duly noticed.
public hearing to provide an opportunity for all interested parties to be heard, to consider all public
comments and consider the proposed amendments, and thereafter voted to recommended that the
City Council adopt the Ordinance; and
WHEREAS, on February 18, 2021, the City Council held a duly noticed public hearing to provide
an opportunity for all interested parties to be heard, to consider all public comments and consider
the proposed amendments; and
WHEREAS, this ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) because the Ordinance only implements
changes to existing appeal procedures and restores the inadvertent deletion of minimum parking
stall dimension requirements for off-site parking spaces, and will not result in a direct or indirect
physical change in the environment.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
SECTION I. FINDINGS.
1. All of the recitals above are true and correct, and are incorporated herein and made a part
hereof to support the adoption of this ordinance.
2. The adoption of this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because it only
implements changes to certain appeal procedures and restores the inadvertent deletion of
minimum parking stall dimension requirements for off-site parking spaces, and will not
result in a direct or indirect physical change in the environment.
Ordinance 592 Page 1
SECTION II. AMENDMENTS TO THE MUNICIPAL CODE.
Sections of the Los Altos Hills Municipal Code are amended as follows. Sections and texts not
amended are not shown, and shall remain in full force and effect.
1.
2
3.
4.
Section 10-1.1002 in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is
hereby amended to read as follows:
10-1.1002 Appeals from decisions of administrative officials.
Any interested party may appeal the decision of an administrative official in the
administration or enforcement of the provisions of this title to the Planning
Commission by filing a written notice of appeal with the City Clerk within fourteen
(14) days of the date of the decision. -Any member of the Council or any two (2)
members of the Planning Commission may file such an appeal within such
timeframe without the payment of a fee. All appeals shall be in accordance with the
provisions of Section 10-1.1001 and subject to public hearing by the appropriate
body pursuant to the provisions of Section 10-1.1005 of this article. A public
hearing shall be set no later than forty-five (45) days after the date of the filing of
the notice of appeal, unless time is waived by the appellant or project applicant. All
actions by the Planning Commission shall be in accordance with the provisions of
Section 10-1.1006 of this article.
Section 10-1.1006 in Article 1.0 of Chapter 1 of Title 10 (Zoning and Site Development)
is hereby amended to read as follows:
10-1.1006 Action of the Planning Commission.
Following the approval or denial of an appeal, a site development or a zoning
permit, or a recommendation to the City Council related to a conditional use permit,
Zoning Code amendment or General Plan amendment, the Planning Commission
shall transmit a record of its action to the City Council and the City Cleric. The
transmittal shall state the full record of the findings made and shall be filed in the
office of the City Cleric by appropriate reference.
Section 10-1.1008 in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is
hereby replaced in its entirety to read as follows:
10-1.1008 Effective dates
(a) Actions of the Staff Committee shall become final at 4:00 pm on the fourteenth
(14t") day following the action unless an appeal is filed in accordance with
Section 10-1.1009.
(b) Actions of the Planning Commission shall become final at 4:00 pm on the
twenty first (21St) day following the action, unless an appeal is filed in
accordance with Section 10-1.1009 or Section 10-1.1010.
Section 10-1.1009 in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is
hereby amended as follows:
Ordinance 592 page 2
10-1.1009 Appeals.
(a) 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 Cleric
within fourteen (14) days of the decision prior to it becoming final under
Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall
accompany each appeal, except that any member of the City Council or any two
(2) members of the Planning Commission may file such an appeal without
payment of a fee.
(b) Any interested party may appeal a decision of the Planning Commission to the
City Council by filing a written notice of appeal with the City Clerk within
twenty-one (21) days of the decision prior to it becoming final under Section
10-1.1008. 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.
(c) The City Council or Planning Commission, whichever is applicable, shall hold
a public hearing, in accordance with the provisions of Section 10-1.1005 to
consider the appeal. A public hearing shall be set no later than forty-five (45)
days after the date of the filing of the notice of appeal, unless time is waived by
the appellant or project applicant.
(d) In the event that the appeal deadlines in subsections (a) and (b) of this section
occur on a weekend or Town observed holiday, the deadline shall be extended
to the next business day at 4:00 pm.
5. Section 10-1.1010 in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is
hereby amended to read as follows:
10-1.1010 Council review of actions.
(a) If the City Council holds a meeting within twenty-one (21) days of the a
Planning Commission action, the City Cleric shall note the decision on the
meeting agenda and the City 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 City Council by noting so on the
record.
(b) If the City Council does not meet within twenty-one (21) days of a Planning
Commission action, the City Clerk shall give written notice of the decision to
each Councilmember after receiving the transmittal of the record pursuant to
Section 10-1.1006. Included in that notice shall be the date by which a written
appeal must be received by the City Cleric in accordance with Section 10-
1.1009.
(c) If a Councilmember appeals the matter to the City Council, the Council shall
hold a public hearing in accordance with the provisions of Section 10-1.1005.
A public hearing shall be set no later than forty-five (45) days after the date of
the submission of a written appeal, unless time is waived by the Councilmember
or project applicant.
6. Section 10-1.1010(1) in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development)
is hereby removed in its entirety.
Ordinance 592 Page 3
7. Subsection (b) in Section 10-2.1305.1 in Article 13 of Chapter 2 of Title 10 (Zoning and
Site Development) is hereby amended to read as follows:
(12) The City Council may review the Planning Director's decision in accordance
with the process contained in Section 10-1.1010, with transmittal of the final
staff report and notice of the decision by the City Cleric to Council to occur
pursuant to such process.
(13) Any interested party may appeal the Planning Director's decision to the
Planning Commission by filing a written notice of appeal with the City Clerk
within twenty-one (2.1) days of the Planning Director's decision prior to its
expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee
and deposit for services shall accompany each appeal, except that any member
of the City Council or any two (2) members of the Planning Commission may
file such an appeal without payment of a fee. The appeal shall be considered
at a public hearing in accordance with the provisions of Section 10-1.1005. A
public hearing shall be set no later than forty-five (45) days after the date of
the filing of the notice of appeal, unless time is waived by the appellant or
project applicant.
(14) If no appeal is made, the decision of the Planning Director shall become final
at 4:00 pm on the twenty first (20) day following the action.
Section 10-2.1313 in Article 13 of Chapter 2 of Title 10 (Zoning and Site Development) is
hereby replaced in its entirety to read as follows:
10-2.1313 Effective date—Appeals—Council review of actions.
The effective date, the filing of appeals and the City Council review of actions for
zoning permits and site development permits shall be set and conducted in
accordance with the provisions in Sections 10-1.1008, 10-1.1009 and 10-1.1010.
9. Section 10-1.601 in Article 6 (Off -Street Parking) of Chapter 1 of Title 10 (Zoning and
Site Development) is hereby amended to read as follows:
10-1.601 Residential uses.
Each primary dwelling shall provide surfaced off. -street parking facilities for a
minimum of four (4) cars, including a minimum of two (2) covered parking spaces
for each new primary dwelling, subject to the following requirements:
(a) Each parking space shall be at least ten (10) feet wide and at least twenty (20)
feet long.
(b) Unobstructed vehicular access shall be available at all times for all required
parking spaces.
(c) All parking spaces shall comply with setback standards per Article 5 of this
chapter.
(d) Notwithstanding the foregoing, parking requirements for accessory dwelling
units shall be subject to the requirements of Article 14 of this chapter.
Ordinance 592 Page 4
10. Section 9-1.325 in Article 3 of Chapter 1 of Title 9 (Subdivisions and Plan Lines) is hereby
amended to read as follows:
9-1.325 Appeal to Planning Commission.
The Planning Director's approval, approval with conditions, or denial of a lot -line
adjustment may be appealed to the Planning Commission. Appeals shall be filed
with the City Cleric within fourteen (14) days after the action of the Planning
Director from which the appeal is being taken. The procedure for appeals shall be
in conformance with Article 10 of this chapter.
11. Article 10 (Appeals) of Chapter 1 of Title 9 (Subdivisions and Plan Lines) is hereby
replaced in its entirety to read as follows:
9-1.1001 Appeals.
(a) Any interested party may appeal a decision by an authorized Town official to
the Planning Commission by filing a written notice of appeal with the City
Cleric within fourteen (14) days of the decision. A nonrefundable filing fee and
a deposit for services shall accompany each appeal, except that any member of
the City Council or any two (2) members of the Planning Commission may file
such an appeal without payment of a fee.
(b) Any interested party may appeal a decision of the Planning Commission to the
City Council by filing a written notice of appeal with the City Clerk within
twenty-one (21) 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.
(c) The City Council or Planning Commission, whichever is applicable, shall hold
a public hearing, in accordance with the provisions of Section 10-1.1005 to
consider the appeal. A public hearing shall be set no later than forty-five (45)
days after the date of the filing of the notice of appeal, unless time is waived by
the appellant or project applicant.
(d) In the event that the appeal deadlines in subsections (a) and (b) of this section
occur on a weekend or Town observed holiday, the deadline shall be extended
to the next business day at 4:00 pm.
SECTION III. 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.
Ordinance 592 Page 5
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall become effective thirty (30) days from the date of its final passage. Within
fifteen (15) days after the passage of this ordinance, the City Cleric 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: February 18, 2021
PASSED: March 18, 2021
AYES: Mayor Tankha, Vice Mayor Tyson, Councilmembers Mok, Schmidt and
Swan
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Kavita Tankha, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance 592 Page 6