HomeMy WebLinkAbout44v 4 J
ORDINANCE NO. 44
A COMPREHENSIVE ORDINANCE OF THE TOWN OF LOS ALTOS HILLS
ESTABLISHING, REGULATING AND RESTRICTING THE U3F OF LAND AND THE USE,
LOCATION AND HEIGHT AND BULK OF BUILDINGS, AND AREA AND DIMENSIONS
OF BUILDING SITES: PROVIDING FOR THE ADMINISTRATION OF THE ORDINANCE:
ESTABLISHING PROCEDURES FOR APPEALS AND PRESCRIBING PENALTIES FOR
VIOLATIONS AND REPEALING ORDINANCE NO. 1.
THE CITY COUNCIL OF THE TOWN OF IAS ALTOS HILLS DOES ORDAIN
AS FOLLOWS:
SECTION I. SHORT TITLE
1:10 Title. This Ordinance shall be known and may be cited
as the "Zoning Ur nance of the Town of Los Altos Hills".
1:20 pipose, This Zoning Ordinance is adopted to protect
and guide the growth and expansion of the Town of Los Altos Hills in
an orderly manner true to the rural residential character of the com-
munity; to provide for space deemed necessary to advance the welfare
of the public in assuring adeuate light, pure air, safety from con-
flagration and disaster; to promote the smooth flow of traffic, to
provide adequate residential off-street parking facilities, and to
solve other conditions arising from concentration of the population.
1:30 In er retation. In their interpretation and applica-
tion, the provisions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of the public health,
safety and welfare.
1:40 Scope. It is not intended by this Ordinance to
repeal, abrogate, annul or in any way impair or interfere with exist-
ing provisions of other laws or ordinances, except those specifically
repealed by this Ordinance, or with private restrictions placed upon
property by covenant, deed or other private agreement, or with re-
strictive convenants running with the land to which the City is a
party. Where this Ordinance imposes a greater restriction upon
land, buildingsor structures than is imposed or required by such
existifhg provisions of law, ordinance, conversant, contract or deed,
the provisions of this Ordinance shall control.
SECTION II. DEFINITIONS
2:10 For the purposes of this Ordinance, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not
merely directory.
(A) "Acceseo Use or Accessor Structure". A subordinate
use or subordinate strut ure cus omari y incident
n— and located on
the same lot with the dwelling, including but not limited to private
swimming pools, barns and stables.
(B) "Agriculture". Includes animal husbandry, livestock
farming, flower growing, crop and tree farming and viticulture.
fO ja 4
(C) "Alteration". As applied to a. building or structure, a
change or rearrangement in the structural parts or in the existing
facilities, or an enlargement, whether by extending on a side or by
increasing in height, or the moving from one location or position to
another.
(D) "Area Gross". The total area included within the bound-
aries of any pare— el od fend which are specified in the deed to the
property.
(E) "Area,Net". The gross area of any parcel of land less
the area of that ortion designated or offered for dedication to any
government for public use. The area of easements is included in net
area of the parcel across which such easements run.
(F) "Basement". A space partly or wholly underground and
having more Tian one -calf (36) of its height, measured from its floor
to its ceiling, below the average adjoining grade; if the finished
floor level directly above a basement is more than six (6) feet above
grade at any point, such basement shall be considered a story.
(G)"Buildin "" A structure having a roof supported by col-
umns or walls for the housing or enclosure of persons, animals, or
chattels. Where a dwelling is separated by a division wall without
openings, each portion of such dwelling shall be deemed a separate
building.
(H) "Builddi Height" The vertical distance from the aver-
age contact ground level o�the Dullaing, to the highest point of
the structure.
(I) "Building Line". The line along which the vertical sur-
face of a building intersects the ground. If overhang exceeds four
(4) feet, building line shall be assumed as four (4) feet back from
extreme point of overhang.
(J) "Clubs Recreational". Clubs or recreational facilities
operated by a non -pro t organization.
(%) "Dwelling,_SeconddaE" A structure intended for occupan-
cy or occupied, by humans, which is erected or maintained on land in
one ownership upon which land is separately erected or maintained a
one family dwelling which is the customary dwelling of the residents.
(M) ."Family".
One or more persons related by blood or mar-
riage, occupying epremises and living as a single housekeeping
unit, as distinguished from a group occupying as a hotel, club,
fraternity, or sorority house. A family shall be deemed to include
necessary servants.
(N) "Flbor Area Gross". For the purpose of determing the
ratio of the floor area of a wilding to the are of the lot, the
"gross floor area" shall be the sum of the gross horizontal areas of
the several floors of the building excluding areas used for accessory
use and garage purposes and such basement and cellar areas as are
devoted exclusively to uses accessary to the operation of the build-
ing. All horizontal dimensions shall be taken from the exterior
faces of walls, including walls or other enclosures such as enclosed
porches.
(0) "Frontage". All property abutting one side of a road.
7-21-59 - 2 -
to J
(0) "Frontage". All property abutting one side of a road.
(P) "Garage, Frivate". A building or an accessory to a main
building providing for the etorage of automobiles.
(Q) "Home Occupation". An .ccupation carried on by the resi-
dent of a dwelling as a secondary use within the same dwelling, gar-
age or accessory struc-ure.
(R) "Lot". Land occupied or to be occupied by a building
and accessory buildings together with such yards and lot area as
are required by the Zoning Ordinance,
(S) "Lot, Corner". A lot abutting on two (2) or more inter-
secting roads.
(T) "Non -Conforming Use". A building or land occupied by a
use that does not conform to the regulations for the district in
which it is situated.
(U) "Roads Public" A road which has been dedicated or
deeded to the pu ac or public use and which may or may not have
been accepted for maintenance.
(V) "Setback Building Lino". A line established by this
Ordinance or by the�own—`Standards to govern the placement of
buildings with respect to right-of-way center lines, property lines
or other buildings.
(W) "Structure". Anything constructed or erected which re-
quires location oa the ground, including swimming pools", but not
including fences, walls used as fences, underground utility facil-
ities.
(x) "Structure Non-Confo9jn " A structure or a portion
thereof, which no onger con orms to site area, coverages, yard or
other open space, or height regulations or other regulations pre-
scribing physical development standards for the district in which
it is located.
(Y) "Use". The purpose for which land or a building is
arranged, designed or intended, or for which either land or a
building is or may be occupied or maintained.
(Z) "Yard". An open space, unoccupied and unobstructed from
the ground uppwrurexcept as otherwise provided in this Ordinance.
(1) Yard Front. A yard extending across the full width
of the site, the dem pth of which is the minimum horizontal distance
between the front property line of the site and the nearest part of
a structure on the site. The front property line sh^.11 be deemed
as abutting a street or road, or in the case of an interior lot, the
private road or driveway which provides primary access to the
dwelling.
(2) Yard Rear. A yard extending across the full width
of the site, the dtpth of which is a minumum horizontal distance be-
tween the rear property line of the site and the nearest part of a
structure on the site.
(3) Yard Side. A area bounded by the Front and Rear Yards,
one property lane, and one building line of the residence.
7-21-59 - 3 -
SECTION III. DISTVCT
3:10 Creation and. Zone. The Town of Los altos Hills is hereby
declared to be one 1 district to be known as the Residential -
Agricultural District, and tho boundaries of said district are hereby
set and established as all the area within the present and future
exterior boundaries of the Tonin of Los Altos Hills. This shall be
called R-1 Zone.
SECTION IV. ADMINISTRATION AND PNFORCEMENT
4:10 Administration Officials. Except as otherwise provided
in this Ordinance, the City lark, Building Inspector or other de-
signated public official shall administer and enforce this Ordinance.
4:20 Buildi Permit Re uired. No structure or accessory
structure she a erected, or altered until a permit thereof has
been issued by the Building Inspector or other persons design^.ted
by the City Council. All applications and fees for such permits
shall be in accordance with the requirements of this or other
Ordinance, and no such building permit shall be_�&�sssuod for any
building where said construction, addition, or lAterations or other
use there would be a violation of any of the provisions of this or
other Ordinances. Provided, however, there may be issued permit
on authority of the City Council where, as hereinafter provided, a
special permit or a variance is deemed proper.
4:30 Matter Accofor erm
aStructure. ere s all sn edw tl appcia for s Nefwor
build-
ing permit two (2) copies of a layout or plot plan with a five (5)
foot contour interval and drawn to a suitable scale (1 in. equals
100 feet) showing the actual dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings to be erected and such other information as may be
necessary to determine and provide for the enforcement of this or
other Ordinances.
4:40 Matter Accompan7ing Application for Permit for Alteration.
There shall be subm tted such plans and specifications as may be
deemed necessary by the Building Inspector to determine and provide
for the enforcement of this or other Ordinances.
SECTION V: PERMITTED USES AND STRUCTURES
5:10Primary dwellings.
5:20 f�iculture.
SECTION VI. PERMITTED ACCESSORY USES IND STRUCTURES
6:10 Home Occupation. Where the use is entirely subordinate
to the primary use of the premises for the home of a family. Where
there are not retail sales on the premises, there is no advertising
of any visible from off the premises, and no evidence from off the
premises of the business, where no parking more than normally
required for a residence is permitted and not over one assistant
outside the family unit is employed. The raising on the premises of
agricultural products and sale thereof is expressly excepted from
the provisions of this Ordinance but is subject to reasonable
regulations by the Town of Los Altos Hills.
7-21-59 - 4 -
. 1 6 V 4 J
6:20 Private Incinerators. Private incinerators for burning
of refuse arid, g^.r age produced on the same premises, provided that
the construction is such as to assure immodiate and complete combust-
ion and, freedom from offensive smoko, ash, unburned particles, and
odors, and permit therefor is granted by the Fire District having
jurisdiction over the area, and under the regulations thereof of the
Town of Los ;lltos Hills:
6:30 Walls and Fences. Walls, fences constructed within the
confines of a lot or contiguous lots of same ownership, but not ex-
ceeding a maximum height of six (6) feet within twenty-five (25)
feet of the property line nor a maximum height of three (3) feet in
an area bounded by the centerline of intersecting roads, Public or
Private, and a straight line joining points on these centerlines
eighty feet (80') distant from their intersection. The purpose of
this requirement is to provide an unobstructed view of approaching
traffic on the intersecting roads. The Planning Commission may
prescribe greater restrictions on the heights or distances specified
in this Section when unusual conditions make such additional
restrictions desirable in the interest of public safety.
6:40House Number Si xis. A sign not more than one and one-
half (110 square feet n area bearing the house number and name of
occupant or a name designated other than one of a commercial purpose.
6:50 Barns or Other Utilit Buildin s. lse to be constructed
in accordance with setbac requirements designated by applicable
Ordinance.
6:60 :accessory Buildings. :m accessory building may be erected
prior to the construction of the mein building only if it is agreed
that the main building is completed within three (3) years from the
date of issuance of the permit for the accessory building. A temp-
orary accessory building nu>t be removed within thirty (30) days
after the completion of the main building, or within eighteen (18)
months of the issuance of a permit for the accessory building.
SECTION VII. CONDITION,a USES _'ND STRUCTURES.
In addition to uses permitted, the following uses may be
established subject to the rccormond^.tion of the Planning Commission
and to the approval of the City Council and the issuance of a permit
therefor:
7:10 Public Library.
7:20 Churches. Churches and other places of worship, but not
including funeral.; chapels or mortuary chapels.
7:30 Recreational Facilities. Recreational or community center
buildings, ground for games and sports, except those customarily car-
ried on primarily for profit.
7:40 Nurseries. Day nurseries, kindergartens, and child case
centers.
7:50 Public Schools.
7:60 Private Schools.
7:70 Public Utility and Service Uses. "Permits will be requir-
ed for all pu is u i ty an sery ce uses except that distribution
and transmission lines will not require a Condition Use Permit or a
7-21-59 - 5 -
Building Permit, pfovided however, that prop o�d rou es of all
electrical distribution lines carrying current in excess of 15KV,
or the location of nublic utility structures requiring rights-of-
way of thirty feet (30') or more in width shall be submitted to the
Planning Commission for approval prier to acquisition of rights-
of-way therefor, and any construction thereon shall not commence
until said approval shall have been received."
7:80 Fire Stations.
7:90 of c�-i-cations.
7:100 Pr,ate Stable . The structure must be a minimum of six-
ty feet (60' from the property lines. 1 maximum of two (2) horses
per acre, provided the conditions are satisfactory to the Santa
Clara County Department of Health, or other agency in charge of
health standards for the Town of Los Altos Hills.
7:110 Recreational Clubs. No gathering or event at a recrea-
tional club which will attracta group larger than the total club
membership or gather a number of automobiles in excess of the within -
site parking capacity of the club will be permitted without first
obtaining a special permit from the City Council.
7:120 Seconda Dwellin s. Subject to applicable provisions
of this or other orer or ire shall be permitted one secondary
dwelling on each parcel of land in one ownership which is of at
least one acre in net area. Where any such parcel contains less
than one and ninety-nine hundredths (1.99) acres in net area; no
kitchen plumbing or other kitchen facilities of any kind shall be
maintained or installed in any secondary dwelling, and such dwelling
shall be used only as a temporary residence for bona fide non-paying
guests of the residents of the dwelling on the sane parcel.
SECTION VIII. ARE/ COVERAGE .:ND BUILDING LIMITATrONS
8:10 Minimum Size of Lot. Minimum net area of any lot used
for a dwelling shall e forty-three th-)usand five hundred sixty
(43,560) square feet net with one (1) primary dwelling unit per lot.
Dimensions of lot must conform to Town Standards.
8:20 Floor Area. No building or combination of buildings shall
be hereafter erected, established or altered except in conformity
with the maximum gross floor area limitation of fifteen per cent
(15%) of the net lot area.
8:30 HeightdNo building shall hereafter be con-
structed or Fere to excee thirty (30) feet building height, ex-
cept upon the granting of a variance therefore.
8:40 Movement of Buildin s. No building shall be moved onto
any site in a own o ore o os . os Hills except by a permit granted
by the City Council of the Town of Los 11tos Hills, and, if granted,
to be upon conditions and restrictions deemed reasonable, and only
after a consideration and report of the Planning Commission.
SECTION IX. SETBACKS.
9:10 Setback Building Line. The setback building line shall
be thirty fee rom�operty line. Where the property line
abuts or is in the vicinity of a road, public or private, the setback
line shall be thirty feet (30') back from the future street right-
of-way line exisiting after all future or planned dedications for
road rights-of-way, or seventy-five feet (75') back from the center-
line of the roads, whichever shall'be the greater distance.
7-21-59 - 6 -
SECTION X. P UM40
10:10 Facilities. "ach dwelling shall provide off-street park-
ing facilities for a minimum of four (4) cars in addition to the
driveway.
10:20 :'res. The parking !�.rca, exclusive of the driveway, shall
have a minimum of eight hundred (800) squnro feet.
10:30 Conditional Uses. The parking areas for conditional uses
must be adoquatc to accommodate all vehicle storage requirements for
maximum forseeable assemblies without resorting to adjoining roads or
interior driveways for parking. In no c^se shall the combined ground
coverages of structures, road ways, parking areas or other impervious
facilities exceed forty per cent (401) of the net area of the lot.
3^CTION RI. TR: S I'M SHRUBS
11:10 Trees and Shrubs. In an area bounded by the centerline
of intersect ng roads, public or private g end a straight line joining
points on these centerlines wighty feet 180') distant frogr their in-
tersection, all shrubs and plants sh^.11 be pruned to a height not to
exceed three feet (3') above the road level at its nearest point. In
this sane area, all side limbs of trees shall be pruned to a height
of not less than six feet (61) above the road surface. The purpose
of this requirement is to provide an unobstructed view of approach-
ing traffic on the intersecting roads. The Planning Commission may
prescribe greater restrictions on the heights and distances specified
in this section where unusual c -editions melte such additional re-
strictions desirable in the interest of public safety.
'SECTION %II. NON -CONFORMING USES
12:10 Continuation. Non -conforming use may not be changed,
enlarged or altered, nor shall the building, structure or premises
in which the same is located be enl =gad, reconstructed or structur-
ally altered, unless such use is changed to a use permitted by the
terms of this Ordinance.
12:20 Reversion to ConforminF, Use. ',Then any building or land
which has been used other than in conformity with the district of
which it is a part and when the Council, after due notice and hearing
thereon shall have found that the use has become dangerous, or injur-
ious to the public health, safety or welfare, such use shall forth-
with revert to the cle.wsific^.tion to which formed an exception.
Should any non -conforming use be changed to another use
not specifically authorized b, the provisions of this Ordinance, the
Council, after due notice and hearing thereon, may order the discon-
tinuance of the previously authorized non -conforming use and the re-
version to the classification to which it previously formed an ex-
ception.
Nothing in this Ordinance shall prevent the reconstruction,
repairing, rebuilding and continued use of any non -conforming build-
ing or structure damaged by fire, collapse, explosion or acts of God,
subsequent to the date of this Ordinance t wherein the expense of such
work does not excaed fifty per cent (50%t of the assessed valuation
of the building or structure at the time such damage occurred.
12:30 Discontinuance.
non -conforming use shall be considered as perman-
ently discontinued and may not be resumed, if it is discontinued or
abandoned for one hundred eighty (180) days or more within any twelve
(12) consecutive calendar months.
7-21-59 - 7 -
(R) 4 non -conforming uses shal4o okanontly discon-
'.tinucd within twenty (20) years from the effective date of this Ordi-
nance.
SECTION XIII. CO7DITIO7'.L USES, V':.RI_Nrr,:, MCEPTIOt'S
13:10 lications andeels.
all conEach application form shall be
in writing ans tain the following information:
(L) 1hall refer to the specific provisions of the Ordi-
nance involved.
(B) Shall sat forth, as the case may be, (1) the inter-
pretation that is claimed or from which the appeal is made, (2) the
use for which e. special permit is sought or, (3) the details of the
variened that is applied for and the grounds upon which claim is made.
(C) Shall be accompanied by a fee of twenty dollars
(;20.00).
(D) Shall set forth the name and address of cash owner
of property wtthln;a distance of three hundred feet (300') from the
property as shown on the latest assessment roll of the County.
13:20 Procedure.
he Planning Commission shall near all a*plications.
(.') The Planning Commission may adopt such supplementary
procedures as necessary for the conduct of its business.
(C) Upon approval or conditional approval of an appeal or
application, the Planning Commission shall transmit its recommendation
to the City Council.
(D) The recommendation shall state the full record of
its findings made and shz.11 be filed in the office of the City Clerk
by appropriate reference.
(E) '. ruling shall be requested from the City :attorney
before any determination involving a question of law is made or of the
City Engineer in a case of engineering and such ruling shall also be
filed with application.
13:30 Notice and Roaring. No action of the Planning Cornission
on application for a permit, v^.riancc or appeal may be taken until a
public hearing is held, after notice is posted on Town bulletin boards
and notice is posted for at least three hundred feet (300') at approx-
im^,tely one hundred foot (100') intervals from each bound -Ty of the
property along the highway or street upon which it abuts or from any
access road or way to non -frontage property. Notice shall be sent by
mail to each property owner within a distance of 300 feet of the prop-
erty. Such notice must be given and posting done at least ten (10)
days prior to the date of hearing .
13:40 Council Review. :any action by the Planning Commission
on determination of an appeal, or granting of a permit or issuance of
a variance shall be reviewed at tho next reeting of the City Council
of thr Town of Los Altos Hills and shall be approved thereat, or ad-
journed to a fixed date, or subsequent date thereto, or shall be
denied or shall be returned to the Planning Commission for further
consideration after which the m^.tter ray again be considered in public
meeting by the City Council and either be approved or denied.
9 13:50 Resubrissian. n application for a, conditional use, var-
iance or excep ion' n which has been denied by the Council after proce-
dure as set forth abo,;e, may not be resubmitted by the applicant with-
in a period of one (1) year from the d^.tc of the fin..=.1 Council action.
13:60 Restrictionson:actio
en. No permit shall be issued nor
variance gran , except upon conditions that tho Planning Commission
7-21-59 - 8 -
dpams es*tial orusirablo for the public i re hand as approved
by the City Council in conformance with the following conditions:
(..) That the result of tb.- permit issued or variance
granted will be in h^.rnony with the genor.^.1 purpose and intent of this
Ordinance and,
(B) That the result will not be injurious to the:neigh-
borhood or otherwise detrimental to the public welfare, or affect
traffic conditions adversely, and
(C) That there are special circumstances or conditions
stated in the detorrination which apply to the law or structure or
use and peculiar thereto and do not anply generally to the land or
structure or use generally of the neighborhood or at lease a material
part thereof.
SECTION XIV. REGUL..TIONS
The Planning Commission nay recomrend, and the City
Council may adopt in accordance with the provisions of this Ordinance
and in amplification thereof such regulations as they deer desirable
for the Town of Los .ltos Hills. Such regulations shall be typed or
printed and kept on file with tho City Clerk in the Town Hall and be
available for use of any interest party at any time during the office
hours of the said City Clerk.
"=ION XV. 7EXPORCEFi,TTT
':11 employees of the Town of Los 11tos Hills vested with
the duty or authority to issue permits shall conform to the provisions
of this Ordinance; any such perrit, certific^.te of license issued in
conflict with the provisions of this Ordinance shall be null and void.
It shall be the duty of the Building Inspector of the Town of Los %.ltos
Hills to enforce the provisions of this Ordinance pertaining to erect-
ion, construction, reconstruction, moving, conversion, alteratioh, or
addition to any building or structure.
S3CTION XVI. 'J; : T ;PIENT
.'.ny structure erected, moved, altered, enlarged, or
maintained and any prop.rty used, c',ntrary to the provisions of this
Ordinance, shall be and is hereby d.ccl^rod to be unlawful and a public
nuisance. The City .'.ttorney, on referral thereof to him by the City
Council, shall irr.ediately institute necessary legal proceedings ap-
propriate for the abatorent, removal and enjoinmont thereof in the
manner provided by law and shall take such other steps as may be nec-
essary to accomplish those ends and to cause the structure or use to
be removed or abated and to restrain or enjoin the erecting, moving,
enlarging of the property or use contrary to the provisions of this
Ordinance.
SECTION XVII. VIOL.MON
In addition to any other provision of this Ordinance,
any person or entity violating any provision of this Ordinance shall
be guilty of a misdemeanor and upon conviction thereof may be punish-
ed by a fine of not more than five hundred dollars (^500.00) or by
imprisonment for not more than ninety (90) days in any jail or commit-
ment facility used by the Town of Los ,ltos Hills or by both such
fine and inprisonnent.
SECTION XVIII. SEVER:BILITY
If any section, subsection, clause, phrase or sentenee
of this Ordinance be declared, for any reason, invalid or unconstitu-
7-21-59 - 9 -
r ianal, b coulQof conpetent jurisdictia*ucchdecision shall
not affect the renaining rortions �£ this Ordinance. The City Coun-
cil of the Town of Los .ltos hills hereby d.ecl-ares that it would have
passed this Ordinance and. each section, subsection, clause, phrase,
and sentence thereof, regardless of tho fact that any one or more
other sections, subsections, clausas, phrases, and sentences thereof
were declared invalid or unconstituti)nal.
SECTION XIX. :YT TDMENTS
The City Council may from tire to time on its own notion
or on petition, or on recommendation of the Planning Co: -mission, amend
supplement, or repeal the regulations and provisions of this Ordinance
following due notice of such intention. Every such proposed amend -
rent or change, whether initiated by the City Council or by petition,
shall be referred to the Planning Commission for report thereon before
the public hearing hereinbefore provided for.
SECTION XX. EFFECTIVE W TE
This Ordinance shall
its passage and shall be posted in
of Los ..ltos Hills.
SECTION XXI. LDOFTION
be effective thirty (30) days after
three (3) public places in the Town
The above and foregoing Ordinance was duly and regu-
larly introduced at a Regular Meeting of the City Council of the Town
of Los Lltos Hills held on the 6 day of Ju
1v,}, 192, and was
duly and regularly passed by the following vote, to wit:
.'.YES: Councilnen 'Bledsoe, Henley, Sherlock, Deputy
Mayor Clayton
NOES: None
SENT: Mayor Fowle
Lii I:f', f,tE
-•T i, qua Ccpy
City Clerk 't; Clark
7-21-59
:.P."ROVED :
WILLIAM B. CLAYTON
Deputy Mayor
- 10 -