HomeMy WebLinkAbout4.3 TOWN OF LOS ALTOS HILLS January 18, 1995
Staff Report to the Planning Commission
RE: REVIEW OF PROPOSED ZONING, SITE DEVELOPMENT AND
SUBDIVISION ORDINANCE AMENDMENTS
FROM: Linda S. Niles, Planning Director
RECOMMENDATION: That the Planning Commission review the proposed
amendments and direct staff accordingly.
DISCUSSION:
The Town of Los Altos Hills has been in the process of revising several sections
of the Zoning, Site Development and Subdivision Ordinances for the past three
or more years. The previous City Council sub-committee of Bill Siegel and
Barbara Tryon, along with the Planning Director had forwarded a large batch of
amendments for review, revision and adoption. The batch was cut into two
smaller sections for ease of review. The first batch of amendments has been
adopted, and the remaining sections are now being forwarded for public hearing
review. For the Planning Commission's records I have attached a list of the
ordinance amendments that are approved, and their effective dates as Exhibit I.
The original batch of amendments was originally forwarded by the Council sub-
committe in the summer of 1993. As you are aware, in the last 21/2 years there
have been some changes in the Planning Commission and Council and in the
overall priorities of the Town as far as interpretation of development standards.
Staff requests that the Planning Commission review the amendments as they
were forwarded 21/2 years ago (listed below) and make a determination as to
whether they are still something the Town wants to see addressed; whether they
are issues that should be forwarded to the newly formed "development standard
sub-committee" as appointed at the joint City Council/Planning Commission
meeting; what additional amendments have the Council and Commission
requested be added to the list; and which of these amendments can be reviewed
and modified appropriately by the Commission at this time. Staff requests that
the Commission discuss those amendments that you feel appropriate to address
at this time, and staff will return at the next regularly scheduled meeting with
revisions addressing the Planning Commission recommendations.
Planning Commission
January 25, 1995
Zoning, Site Development,
\.9)
and Subdivision
Ordinance Amendments
Page 2
GREATER SETBACKS FOR LARGER HOMES
Sec. 10-1.505. Setback lines.
The location of structures with respect to property lines, street rights-of-
way, and easement lines shall be regulated as follows:
(c) The setback line for any structure shall be:
(1) Where a parcel abuts on a single street or other access way, for projects
of 4,000 sq. ft. of floor area or less, forty (40') feet from the nearest such public or
private street right-of-way, easement for vehicular access, or where an official
plan line has been established, from such official plan line. For project of 4,001 to
5,000 sq. ft. a 50' setback is required. For projects of 5,001 sq. ft. or larger, a 60'
setback is required. For additions, remodels and new construction on
properties where required setbacks of 50' and greater pose unusual difficulties,
and the options for siting of structures is substantially constrained by existing
natural features of the lot (i.e., steep slopes, [significant] natural water courses,
unusual lot configurations and/or size, mature oak trees, earthquake fault
zones, or native vegetation) or by dedicated conservation, open space, or access
easements,this exception may be granted by the Town Planner; provided that,
the Planning Commission, in his or her discretion, may have the Planning
Commission make this determination. If the applicant disagrees with the
Town Planner's decision, the applicant may request that the Planning
Commission make this determination and the Planning Com mission shall do
so. Nothing in this section nor any decision made under this section shall
preclude a property owner from applying for a variance under Article 11.
(2) Where a lot abuts on more than one such street, easement, or official
plan line, the Planning Commission or the Site Development Authority,
whichever entity first acts upon an application relating to the development of a
particular property, shall designate the street, easement or official plan line from
which the forty (40) foot setback, or greater (as setforth in item 1 above), shall be
measured, which will in the judgment of the Site Development Authority, have
the least negative environmental, visual or aesthetic impact on neighboring
properties and the public at large.
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Planning Commission
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments
Page 3
TURF BLOCK
Sec. 10-1.502(b). Development Area.
(b) Development Area. Development area shall be measured in a
horizontal plane and shall include the following:
(1) Total Floor Area, as defined in Section 10-1.223 of this article:
(2) The total area of land covered by structures not counted in paragraph
(1) above, such as parking areas, patios, decks, walkways, swimming pools and
tennis courts, together with other surfaces comprised of artificially emplaced
building materials such as paving, roofing, masonry, stone or wood. Turf block
cannot be used in required parking areas and driveway turn-around areas. A
50% exemption from the square footage calculations for MDA is allowed when
turf block is used in any other areas. Walkways constructed of unconsolidated
building materials such as loose gravel, tanbark and other wood chips, and roof
overhangs unsupported from the ground, are not counted as development area.
DE-FACTO SUBDIVISIONS
There is currently no section in the Site Development Ordinance which addresses
the situation found relatively often in the Town which is the de-facto subdivision
problem. This is where existing vacant lots, or lots with older homes on them
that are demolished and rebuilt are located in older subdivisions where public
improvements such as right-of-way widths, public sewer connection, drainage
facilities, etc. are substandard for today's requirements. The following Article is
proposed to be added to the Site Development Ordinance:
Article 12,a. Public Improvements.
Sec. 10-2.1301. Purpose.
The purpose of this article is to insure that the minimum design
standards for sanitary sewer, drainage facilities and needed public
improvements are satisfied for all lots in Town, and especially for those lots
created prior to January 1, 1973.
Sec. 10-2.1302. Public sewer connection.
Wherever a development permit is requested for development of 3,000
sq. ft. of floor area or more, on a lot that is located within 400 feet of an existing
public sewer main, and where the existing sanitary sewer service is currently
accommodated by septic system or private sewer, that property shall be
required to connect to the public sewer.
Plan,ang Coil Lmission '
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments
Page 4
Sec. 10-2.1303. Public drainage facilities.
Wherever a development permit is requested for development of 3,000
sq. ft. of floor area or more, on a lot that is located in an area with substandard
public drainage facilities, that property shall be required to make public
drainage facility improvements to the satisfaction of the City Engineer.
REQUIREMENT FOR ADEQUATE OUTDOOR LI G AREA, DISCOURAGEMENT
OF "MAXING OUT", ENCOURAGEMENT OF SEC DARY UNITS
The City Council has discussed the issue of ensuring that properties plan ahead
for their maximum build-out, which would include all outdoor living area, such
as pools, cabanas, decks, gazebos, any needed accessory structures and
secondary units. To date there has been some division of thought as to whether
it would be more appropriate to encourage or to require the reservation of MDA
and MFA for outdoor living area, accessory structures, or secondary units. In
requiring the construction or reservation of these items, the discouragement of
"maxing out" is accomplished. The following wording actually requires such
construction or reservation of floor area and development for these purposes and
is proposed as additions to the MDA and MFA sections, and the secondary
dwelling section of the Zoning Ordinance.
Sec. 10-1.502(d). Development Area.
(d) Adequate development area shall be utilized or reserved to
accommodate a reasonable outdoor living area and accessory structures on all
properties of at least 1,600 sq. ft. , and a secondary unit of at least 600 sq. ft. If
the property owner chooses not to construct or reserve 600 sq. ft. for a
secondary unit, the property owner may deposit with the Town an in-lieu fee.
This in-lieu fee, the amout to be determined by resolution of the City Council,
would be deposited with the Town to be placed in a fund set aside by the
Town for contributing to low and moderate income housing where feasible on
either local or regional projects, or the funds may be used by the Town to off-
set the waiver of fees that will be given to those developers who choose to
construct secondary units.
Sec. 10-1.503(d). Floor Area.
(d) Adequate floor area shall be utilized or reserved to accommodate at
least 300 sq. ft. of accessory structures and a secondary unit of at least 600 sq. ft.
If the property owner chooses not to construct or reserve 600 sq. ft. for a
Planning Commission
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments
Page 5
secondary unit, the property owner may deposit with the Town an in-lieu fee.
This in-lieu fee, the amout to be determined by resolution of the City Council,
shall be deposited with the Town to be placed in a fund set aside by the Town
for contributing to low and moderate income housing where feasible on either
local or regional projects; or the funds may be used by the Town to off-set the
waiver of fees that will be given to those developers who choose to construct
secondary units.
//
Sec. 10-1.702(k) Accessory uses and stru. ures permitted (R-A), Secondary
Dwellings.
(k,9) Adequate floor area shall - utilized or reserved to accommodate
a secondary unit of at least 600 sq. ft. I the property owner chooses not to
construct or reserve 600 sq. ft. for a secondary unit, the property owner may
deposit with the Town an in-lieu fee. This in-lieu fee, the amout to be
determined by resolution of the City Council, shall be deposited with the
Town to be placed in a fund set aside by the Town for contributing to low and
moderate income housing where feasible on either local or regional projects;
or the funds may be used by the Town to off-set the waiver of fees that will be
given to those developers who choose to construct secondary units.
If the Commission and Council feel it is more approprite to encourage rather
then to require that square footage be reserved for these items, the following
paragraph is offered:
Sec. 10-1.502(d). Development Area.
(d) Adequate development area is encouraged to be utilized or reserved
to accommodate a reasonable outdoor living area and accessory structures on
all properties of at least 1,600 sq. ft. , and a secondary unit of at least 600 sq. ft..
Sec. 10-1.503(d). Floor Area.
(d) Adequate floor area is encouraged to be utilized or reserved to
accommodate at least 300 sq. ft. of accessory structures and a secondary unit of
at least 600 sq. ft.
Planning Commission •
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments t�
Page 6
ENCOURAGEMENT OF THE USE OF EAVES
Wording is proposed to be added to the Construction section of the Site
Development Ordinance as follows:
Sec. 10-2.703(d). Construction, Eaves.
(d) Eaves of a minimum 12" in depth may be required where
determined by the Planning Commission to be needed for the purpose of
creating shadowing which acts as a softening of the vertical and horizontal
elements of a structure.
TOPOGRAPHY SURVEY REQUIREMENTS AT SUBDIVISION MAP STAB.
Sec. 9-1.506,(7, and 9). Form of tentative map and accompanying data.
(7) A number for each lot, approximate dimensions of the lots, including
frontage, depth, width and gross and net area acreage of each lot to the nearest
hundredth (.01) of an acre. Each lot shall have inscribed therein a circle, 160 feet
in diameter, which includes a developable building site;
(8) Slope density calculations on a form provided by the City Engineer, to
be signed by the subdivider's registered civil engineer, or licensed land surveyor
to include the newly proposed lot calculations for net acreage, average slope,
lot unit factor, maximum development area and maximum floor area;
(9) An accurate tentative map of the land to be subdivided, with existing
contours, at intervals of five (5') feet where the grade of any part of the
subdivision exceeds ten (10%) percent. With grades less than ten (10%) percent,
the contour interval shall be two (2') feet or one (1') foot where necessry, to
describe the area. Aerial surveys need to be supplemented by ground surveys
when the ground is obscured by vegetation, to the satisfaction of the City
Engineer.
Sec. 9-1.1206(h). Accompanying documents in support of a final map.
(h) The subdivider/or his engineer shall verify the slope density
calculations on a form provided by the City Engineer, to include the newly
created lot calculations for net acreage, average slope, lot unit factor, maximum
development area and maximum floor area at the time of submittal of the final
map check, to the satisfaction of the City Engineer.
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Planning Commission
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments
Page 7
Staff is available to answer any questions that the Council or community may
have.
Attachments:
1. Copies of the above sections of the code as they are currently written
2. Exhibit I - Zoning Ordinance and Site Development Ordinance
amendments adopted from January 1993 through January 1995
Planning Commission
January 25, 1995
Zoning, Site Development,
and Subdivision
Ordinance Amendments
Page 8
EXHIBIT I
ZONING ORDINANCE AND SITE DEVELOPMENT ORDINANCE
AMENDMENTS ADOPTED
JANUARY 1993 THROUGH JANUARY 1995
• 1. Zoning Ordinance, Section 10-1.505 Setback Lines, (b) Exceptions to the
setback line requirements - Ordinance 361, Passed by Council December 16, 1992,
effective date January 15, 1993
2. Zoning Ordinance, Section 10-1.208 Basement definition - Ordinance 369,
Passed by Council March 16, 1994, effective date April 15, 1994
3. Zoning Ordinance, Sections 10-1.223 Floor area definition; 10-1.227 Height,
Structure definition; 10-1.234 Natural grade definition; 10-1.504 (a), (b), and (c) •
Height; Site Development Ordinance, Article 7 Building Siting, view protection,
ridgeline preservation, creek protection; Section 10-2.702 (b) and (e) - Ordinance
370, Passed by Council April 20, 1994, effective date May 20, 1994
4. Zoning Ordinance, Sections 10-1.1106 Action of Planning Commission;
Section 10-1.1107 (1) Conditional use permits: approval; conditions; Section 10-
1.1108 Effective dates of actions of Planning Commission; Section 10-1.1109
Appeals from decisions of the Planning Commission and staff committee; Section
10-1.1110 Council review of actions; Section 10-1.1110 (1) Council action on
conditional use permits; Site Development Ordinance, Section 10-2.1313 Effective
date; appeals - Ordinance 372, Passed by Council July 20, 1994, effective date
August 19, 1994
ti 10- 1 .501 1.0S Al IOS I11I.1,S Milti1(...11' 1. ( ( )1)I: , 10- 1 .502
parcel, or any successor in interest, as a site for a use permitted in
the district, provided all other regulations for the district are
complied with, and such parcel has a minimum Lot Unit Factor of
0.5. Parcels which have a Lot Unit Factor of less than 0.5 will be
allowed development only upon the issuance of a Conditional
Development Permit. (§ I , Ord. 305, eff. October 3, 1986)
A Sec. 10-1.502. Development area.
Except as provided in (c) below, the amount of development
" ''' area in square feet allowable on a parcel or lot shall not exceed the
amounts determined by application of the formula in (a) below,
where ,An is net area in acres, S is the average slope of the parcel
or lot in percent, as defined in Section 10-1.207, LUF is the Lot
Unit Factor as defined by Section 10-1.233 and MDA is the
Maximum Development Area allowable.
(a) Maximum Development Area Formula. For all parcels
or lots, the allowable development area in square feet shall relate
•
to the average slope of the parcel or lot and the Lot Unit Factor
for the parcel or lot as specified in the formula given in ( 1), (2) and
(3) below:
( 1) For parcels or lots where S is equal to or less than
ten ( 10c',) percent:
} _ MDA = LUF x 15,000 square feet
(2) For parcels or lots where S is more than ten ( 10%)
t,.: percent and less than thirty (30%) percent:
MDA = LUF x 15,000 - 375 (S-10) square feet
(3) For parcels or lots where S is equal to or greater -
than thirty (30cr) percent:
. MDA = LUF x 7,500 square feet.
F- h) Development Area. Development area shall be measured
in a horiiontal plane and shall include the following:
( I ) Total Floor Area, as defined in Section 10-1.223 of
•
this article:
• (2) The total area of land covered by structures not
counted in paragraph (1) above, such as parking areas, patios,
• decks,- walkways, swimming pools and tennis courts, together with
• other surfaces comprised of artificially emplaced building materials
such as paving, roofing, masonry, stone or wood. Walkways
constructed or unconsolidated building materials such as loose
gravel, tanbark and other wood chips, and roof overhangs
unsupported from the ground, are not counted as development
area.
lo. l SI)2 I O'; I ( ); H11 1.S MUNICIPAL. CO1)1: § 10-1 .503
( 3) I he first one hundred ( 100') feet of driveway, as
measured along the center line, closest to the primary dwelling; and
(4) That portion of a driveway exceeding twelve ( 12')
feet in width which is located beyond the area described in (3)
• above.
Where there is a common driveway in a driveway
. easement. or a panhandle and the driveway, or a portion of the
driveway, serves more than one residence, then using the
regulations stated in (3) and (4) above, the amount of driveway
area shall be proportioned to the residences based upon use of the
driveway.
(c) Minimum MDA. The allowable_development area on
any parcel or lot shall not be reduced to less than 5,000 square feet
in any case by application of the provisions of this section, except
in the case of parcels or lots which have a Lot Unit Factor of .50
or less. These parcels or lots require a Conditional Development
Permit and.development area may be restricted below 5,000 square
feet as a condition of the permit.
(§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 313, eff. June 5,
1987)
• (d )
.-1F Sec. 10-1.503. Floor Area.
• Except as provided in subsection (c) below, the amount of floor
area in square feet allowed on a parcel or lot shall not exceed the
amount determined by application of the formula in subsection (a)
below, where S is the average slope of the parcel or lot in percent,
as defined in Section 10-1.207, LUF is the Lot Unit Factor as
defined in Section 10-1.233, and MFA is the Maximum Floor Area
allowable.
( a) For all parcels or lots, the allowable floor area in
square feet shall relate to the average slope of the parcel or lot and
the Lot Unit Factor for the parcel or lot as specified in the formula
given in paragraphs ( I), (2) and (3) below:
( I ) For parcels or lots where S is equal to or less than
ten ( 10c%) percent: •
MFA = LUF x 6,000 square feet
•
•. 0 (2) For parcels or lots where S is greater- than ten
( 10CD percent and less than thirty, (30%Iroerceo.t:
MFA = LUF x 6,000-50 (S-I0) square feet
(3) For parcels or lots where S is equal to or greater
than thirty (30°4 ) percent:
M FA = LU F x 5,000 square feet
( h) Floor Area. Floor Area shall be measured as defined in
ti H)- I .503 I OS \ I I OS 1111.1.5 N/11 till. 11':A1. ( .01)1 IU.- I 504
(c) Minimum MFA. I-he allowable floor area on any
parcel or lot shall not he reduced to less than 4.000 square feet in
any case by application of the provisions of this section. except in
the case of parcels or lots which have a Lot Unit Factor of .50 or
less. These parcels or lots require a Conditional Development
Permit and allowable floor area may be restricted below 4,000
square feet as a condition of the permit.
(§ I . Ord. 305, eff. October 3. 1986)
(d)c. -1.504. Height.
(a) Structures. No structure or part thereof, shall be cons•
•
or alter=. to exceed twenty-seven (27') feet in structure heig any
• permitted r ation.
(b) .ecial height limitation. No structure " all exceed a
height of thirty- 've (35') feet, measured as the d .+/•nce between the
structure alongthe
lowest grade top• raphical elevation of t�� of
building line, and the ighest topographic: elevation of the roof
the structure. /
(c) Exceptions. Th- ollow> _ structures or elements thereof
are exempt from the height li to the extent indicated:
( I) Chimneys ae :a. •urtenances can extend above the
surface defined by the •arameter in items ( 1), (2) and ( )
of
subsection (a) of this ection. Howeve- the maximum height of the
; 'a 2 chimney and app tenances shall not exc- -d thirty (30') feet.
(d) W . s and fences. Wall or fen,es (herein referred to
collectivel. as "fences") shall not exceed a m• imum height of six
(6') fe•- when located between setback lines a • property lines,
pro 'ded, however, the height of any fence along . road shall be
-termined by the openness of the fence and its dis : nce from a
1 '
§ 10- 1 .504 I .OS A1.11)S I111,1,S M(.JNICIPA1, COIW § 10- 1 .505
treater restrictions on the heights and distances set forth in this sectio'
w ,re unusual conditions make such additional restrictions desirab in
the i crests of public safety.
( Ornamental garden structures. Ornamental garden ructures
without ro. s and which do not exceed six (6') feet in h ght may be
located betwe.. property lines and setback lines provi• d they do not
• exceed three (3') -et in height when located in an aria bounded by the
center line of interse•.ing roads or easements for v- icular access, public
. or private, and a straig line joining points o uch center lines eighty
• (80') feet distant from their ' .tersection.
. (g) Antennas and dish tennas. N antenna, whether freestanding
or attached to a building, shall • - ere• ed or installed until any permit
required by Section 10-2.301 sha first have been obtained and the
• allowable height thereby dete ed. ':X e height to which any antenna
may be extended, whether fr--standing o attached to a building, shall
•
mean the vertical distance .t any point from = e natural ground level of
the property on which .- antenna is erected or in ..lied and which existed
prior to grading fo any structure, or from any `z . ilding pad on the
property if excay.. ed below natural ground level, whi ever elevation is
lower, to the est part of the antenna directly above.
(h) P 'veway light fixtures. Driveway light fixtures ay extend
no more • an one (1') foot above the height limit for walls and‘fetes as
speci -d in Section 10-1.504(d).
(§ , Ord. 305, eff. October 3, 1986; § 1, Ord. 326, eff. September 1)6,
sad,.:was t988)
= -• Sec. 10-1.505. Setback lines.
The location of structures with respect to property lines, street
rights-of-way, and easement lines shall be regulated as follows:
(a) No structure, nor portion thereof, other than driveways;
• walkways; minor ornamental garden structure subject to the height limits
specified in Section 10-1.504(f); fences; driveway light fixtures, limited
to one fixture on each side of a driveway, for a maximum of two (2)
fixtures per lot, subject to the height limits specified in Section 10-
1.504(h); or underground utility facilities, shall be constructed, altered, or
maintained so as to be located between the property line and any setback
line, except as otherwise permitted by the provisions of this chapter.
(b) Exceptions to the setback line requirements are as follows:
(1) Portions of patios and decks may extend five (5') feet
beyond the setback line established in subsection (c) of this Section 10-
1 .505 if those portions are everywhere less than two (2') feet above
natural grade.
(Los Altos Hills 12-15-93)
'nit
§ I0- 1 .505 LOS ALTOS 1Ill,LS MUNICIPAL (:0!)I'• § IO 1 .505
(2) For additions and remodels to existing legally
constructed structures with eaves that currently extend beyond the required
setbacks, the addition or remodel shall be allowed to be constructed so as
to match the existing eave extension.
(3) For additions, remodels and new construction on
properties where the options for siting of structures are substantially
constrained by existing natural features of the lot (e.g., steep slopes,
significant natural water courses, unusual lot configurations or size,
mature oak trees, earthquake fault zones, or native vegetation) or by
dedicated conservation, open space, or access easements, eaves may extend
• into any front, side, or rear yard not more than four (4') feet. This
exception may be granted in writing by the Town Planner; provided that,
the Town Planner, in his or her discretion, may have the Planning
• Commission make this determination. If the applicant disagrees with the
Town Planner's decision, the applicant may request that the Planning
Commission make this determination and the Planning Commission
shall do so. Nothing in this section nor any decision made under this
section shall preclude a property owner from applying for a variance under
Article 11.
(c) The setback line for any structure shall be:
(1) Where a parcel abuts on a single street or other
accessway, forty (40') feet from the nearest such public or private street
right-of-way, easement for vehicular access, or where an official plan line
has been established, from such official plan line.
; :a � (2) Where a lot abuts on more than one such street,
easement, or official plan line, the Planning Commission or the Site
Development Authority, whichever entity first acts upon an application
relating to the development of a particular property, shall designate the
street, easement or official plan line from which the forty (40) foot
setback shall be measured, which will in the judgment of the Site
• Development Authority, have the least negative environmental, visual or
aesthetic impact on neighboring properties and the public at large.
(3) Thirty (30') feet from property lines, nearest lines of
public or private streets, rights-of-way easements for vehicular access, or
official plan lines in all other instances.
(d) For the purposes of subsection (c) of this section, the term
"easement for vehicular access" shall refer to easements across one lot or
parcel which provide access to one or more other lots or. parcels.
Easements for utilities which include vehicular access solely for the
(Los Altos Hills 12-15-93)
1032
§ 10- 1 .505 LOS ALTOS 11I1.LS MUNICIPAL CODE § 10- 1 .601
maintenance of utilities within such easements shall be excluded from the
term "easement for vehicular access."
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 326, eff. September 16,
1988; § 1, Ord. 361, eff. January 15, 1994)
•c. 10-1.506. Existing antenna or dish antenna.
e regulations concerning antennas or dish antennas set forth in th'
chapter all not apply to any antenna or dish antenna in existence oe the
effective • : e of said regulations if the owner of the property on we ch the
antenna or di. antenna is located shall file a Declaration wi e Town
on a form presc .ed by the Planning Department.
•
No fee shall •: equired, charged or collected by the own for filing
of any Declaration.
1 In the event that the antenna or dish antenn. must be replaced or
repaired, no permit will b- needed if it subs tially conforms to the
antenna or dish antenna replac; a or repaired, :articularly as to height and
location.
(§ 1, Ord. 305, eff. October 3, 1986
Article 6. 3•• f-Str, .t Parking
•
Sec. 10-1.601. Res'•:ential uses.
Each dwelling shal •rovide surfaced off-street king facilities for a
minimum of four (4 ars including garage or carport s .ce. Each second
>":_;:, dwelling shall pr. •ide surfaced off-street parking facilitie or a minimum
of one (1) car ' addition to the four required for the prim i dwelling.
Each parki .1 space shall be at least ten (10') feet wide and at 1- = t twenty
(20') fee ong. Unobstructed vehicular access shall be availab at all
, times
(§ , Ord. 305, eff. October 3, 1986; § 2, Ord. 329, eff. October 2.
• '89) .
•
(Los Altos Hills 12-15.93)
•
ti In I .602 I .( r-; ,\I I ( )ti 1111 1 ti N11 ; N1( II':\ I col )I. § It) I .702
T. 10-1 .602. Conditional uses.
•king areas for conditional uses shall be adequate r
accommc , ate all vehicle storage requirements for ma ium
foreseeable •semhlics without resorting to adjoinin: oads or
interior drivewa: • for parking. In no case shall c combined
• ground coverage of •uctures, roadways, park' areas, or other
impervious facilities cxc 'd forty (40%) per rit of the net area of
the lot. (§ 1 , Ord. 305, elf. Oc her 3, 19:
Article 7. Residential- ,• gric, . tural District (R-A)
•
• Sec. 10-1.701. Pri:1,4 ry uses permitted ( • ).
The followin 7 - imary uses shall be permitted i the Residential-
Agricultural ►'strict:
(a Primary dwellings; and
• b) Agriculture.
• (, 1 , Ord. 305, eff. October 3, 1986)
. • ;yE Sec. 10-1 .702. Accessory uses and structures permitted
(R-A).
The following types of accessory uses and structures shall be
permitted in the Residential-Agricultural District:
(a) Home occupations. Home occupations shall be permitted
where the use is entirely subordinate to the primary use of the
premises for the home of a family. There shall be no retail sales on
the premises, no advertising of any kind visible from off the
premises, no evidence from off the premises of the business, no
parking more than normally required for a residence,•and not over
•
one assistant outside the family unit shall be employed.
The raising on the premises of agricultural products and the
sales thereof shall be expressly excepted from the provisions of this
chapter but shall be subject to reasonable regulations by the Town.
(b) Walls, fences, trees, and shrubs. Walls, fences, trees,
and shrubs shall be permitted within the confines of a lot or
contiguous lots subject to the height limitations set forth in Section
10-1 .504 of Article 5 of this chapter.
(c) House number signs. A sign not more than one and
one-half ( 1 1 /2) square feet in area hearing the house number and
the name of the occupant, or a name designated, other than one of
a commercial purpose, shall be permitted.
§ 10- 1 .702 LOS ALTOS 1111.1.5 MUNICIPAL . CODE § 10- 1 .702
(d) Accessory buildings. Accessory buildings may be constructed
only in accordance with the setback requirements of this chapter. An
accessory building may be erected prior to the construction of the main
building only if it is agreed that the main building shall be completed
within three (3) years from the date of the issuance of the permit for the
accessory building. A temporary accessory building shall be removed
within thirty (30) days after the completion of the main building or
• within eighteen (18) months after the issuance of a permit for the
• • accessory building, whichever is the earlier date.
(e) Private stables. A maximum of two (2) hoofed animals per
acre shall be permitted provided one additional hoofed animal may be kept
• on each additional one-half (1/2) acre, or fraction thereof, and provided,
further, the conditions are satisfactory to the County Department of
Health or such other agency as may be in charge of health standards for
the Town.
(f) Swimming pools, tennis courts, greenhouses, and workshops.
Swimming pools, tennis courts, greenhouses, and workshops, and other
accessory uses found by the Planning Commission to comply with the
definition of accessory use, shall be permitted.
(g) Small family day care homes. Small family day care homes •
which provide care, protection and supervision of six (6) or fewer children
. (including children under the age of ten (10) years who reside at the home)
- in the provider's own home, for periods of less than twenty-four (24)
hours per day, while the parents or guardians are away, pursuant to State
... -.:.>, regulations shall be permitted. No business license fee or tax shall be
imposed on a small family day care home.
(h) Household pets and domestic animals. Household pets and
domestic animals as permitted by Town regulations may be kept.
•- (i) Ornamental garden structures. Ornamental garden structures,
such as benches, statuary, raised planters and fountains, shall be
permitted.
(j) Antennas and dish antennas. Antennas and dish antennas are
permitted subject to the requirements set forth in Article 5 of Chapter 1
and Article 3 of Chapter 2 of Title 10.
- (k) One (1) secondary dwelling on each parcel or lot of land in one
(1) ownership which is of at least one (1) acre in net area, subject to the
'i���^ �':*h applicable provisions of this chapter and other laws. Secondary dwellings
shall meet the following standards:
(1) A secondary dwelling shall be subordinate to and
• architecturally consistent with the primary dwelling.
(2) The secondary dwelling shall not exceed one thousand
(1,000) square feet of floor area.
(Los Altos Hills 12-15-93)
1rin A
ti 10- 1 .702 LOS AL'I OS HILLS MUNICIPAL CODE ` 10- 1 .70
(3) If the secondary dwelling is within or attached to the
primary dwelling, it shall be constructed so that the entire structure
appears to be one (1) dwelling.
(4) '1f the secondary dwelling is separate from the primary
dwelling, it shall not be sited in a visually prominent location, and shall
respect the visual and acoustic privacy of primary dwellings on
contiguous lots.
•
(5) The lot on which a secondary dwelling is located must
be connected to the public sanitary sewer system or have a private sewage
disposal system that is deemed to be adequate for the addition of the
second dwelling by the Santa Clara County Division of Health Services;
and must have an adequate water supply.
(6) The secondary dwelling shall not have a significant
adverse impact on traffic flow and safety.
(7) Any vehicular access to a secondary dwelling shall be by
• a common driveway with the primary dwelling.
(8) The views of prominent scenic features by primary
dwellings on contiguous lots shall be preserved.
(1) Temporary trailer coaches. Trailer coaches during construction
or substantial remodeling of a primary dwelling are permitted, subject to
receipt of a zoning permit, pursuant to Section 10-1.310, after a public
hearing held by the Zoning Administrator.pursuant to Section 10-1.1105.
One (1) trailer coach specifically designed and equipped for human
habitation may be placed on a lot, in accordance with the setback
requirements of this Code and occupied only by the owner of the lot and
members of the owner's family, as a temporary residence during
construction or substantial remodeling of the primary dwelling on the lot.
This permit shall be granted for no more than six (6) months, but shall
be renewable upon the determination of the Zoning Administrator that the
• use has not resulted in detriment or nuisance to the adjacent properties or
the neighborhood. However, in all cases, the trailer coach shall be
removed prior to building permit final.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 319, eff. April 1, (R)
1987; § 3, Ord. 329, eff. October 20, 1989; § 3, Ord. 334, eff. July 20,
• 1990; § 1, Ord. 358, eff. December 4, 1993)
•
: - 10-1.703. Conditional uses and structures
The folio uses may be establis - the Residential-
Agricultural District su - approval of the Planning
Commission, and t .• Lance of a • _ if it thereof pursuant to the
provisio r is chapter:
(a) Public libraries;
(Los Altos Hills 12-15-93)
1035
§ IO '.7O:'. I O.ti Al 1Oti 1111 .1 ti N11INI( 'II' -11 . Col )1- ti IU '.7r11
(c) Disturbance to the site. The location of all structures
should create as little disturbance as possible to tl)S—natural
Iandscapc-.,_Thc amount of grading, excavation, or f• shall he the
minimum necessary to accommodate propose structures, unless
grading is proposed—tlower the profile . buildings. Additional
f.
grading may he allowed-10r d e pur. .se of lowering the profile of
. the building provided that at e„,c,ompletion of the project the
visual alteration of the i • ral terra' ' minimized. The removal
•
of vegetation and oration of drainage erns shall be the
minimum nece ry to accommodate the proposed sir cture.
(d 'assive solar energy conservation. Opport • ies for
• pas fe solar energy shall be considered in the siting of buil
' 15, Ord. 299, eff. December 11 , 1985)
Sec. 10-2.703. Construction.
(a) Foundations. The types of foundation to be used for
primary and accessory structures shall be selected to insure that at
• the completion of the project the visual alteration of the natural
•
• terrain is minimized. Type II foundations - step-on-contour,
daylight, pole foundations, or a combination thereof - shall be used
•
on building sites with natural slopes in excess of fourteen (14%)
•
percent.
(b) Color and Materials. For large or highly visible
;s=:s
. . . surfaces on buildings, special attention shall be given to the
selection of exterior colors and construction materials that are not
highly reflective.
(c) Appurtenances. Dish antennae, freestanding solar panels,
and similar appurtenances as defined in Section JO-2.301 may he
approved by the Zoning Administrator under the following
conditions:
( I) The appurtenance is the minimum size necessary to
adequately serve its purpose.
(2) The appurtenance can be suitably screened by
landscaping, the use of colors or materials that blend with their
surroundings, or by natural features of the site without adversely.
affecting its operation.
. • (3) Landscaping shall be placed to screen appurtenances
• such as solar panels and dish antennae in such a manner as to not
significantly affect the basic function of such equipment. These
structures shall not be permitted unless they can function in the
presence of such screening.
Irr ,' ,'i► t I t �.`� \ I l IIII ( )DI ti ill
(4) Hie appurtenance is nut placed in a conspicuous
position or on a hilltop or ridgelinc.
The Zoning Administrator may impose additional conditions on
the size, location, and construction of appurtenances as (s)he
deems necessary to carry out the purposes of this chapter.
Article 8. Landscaping
•
Sec. 10-2.801. Purpose.
Th purposes of this article are to create the maxims
compatr ility of development with the natural environmen , to
• preserve t e rural qualities of the Town, to insure that stru,tures,
as viewed om off-site, blend harmoniously with the natural
landscape an re unobtrusive; to maintain soil stabilit, , to abate
noises; to prote wildlife habitats; to retain aesthetic quality; and
• to protect propert'-s against fire and other natura forces. (§ 15,
Ord. 299, eff. Decemer I I, 1985)
• Sec. 10-2.802. Lands ping policies.
•
- • (a) Erosion. Lana caping shall b- required to control
erosion, retard soil creep, an. reduce the 9 btential for landslides.
(b) Noise. Landscaping and •t'rms may be required to
shield Town residents from unn:tur. noises, such as those from
":•' �'�'.°�'�x freeways, arterial streets, and nonre:idential land uses.
(c) Visual Effects. La isca•ing shall be required to
mitigate the visual effects of de -lopme from off the site.
(d) Preferred Plant!. Landsca•: g should utilize fire
retardant species. Native or naturalized slants or other plant
• species that blend natur- ly with the landsca. - should generally be
•
favored.
(e) Mainten. nce. Landscaping shall b= . maintained in
healthy condition .y property owners and shall n.t intrude into
easements, pat :, or the lines-of-sight required at inte sections and
along roads.
(f) ree Preservation. Every feasible attempt s'•ould be
• made to_j eserve existing trees.
•• :) Views. In order to prevent blockage of scenic view and
vista the height at maturity of proposed plants and trees shal •e
•
cur :idered in determining the appropriateness of landscapin.,
ans.
ti Irr .' I Iii.' I rr` \ I It1111 I ti \11 til( II':\ I ( ( )ISI 10-.' I '02
Sec. I0-2. 1102. I)riN'eway location and construction.
(a) I 41\ sh.rll enter the fronting road or street i;
such • manner as to provide sale sight distance and ease of in ss
and egg ss, and shall he brought to the road or street at at angle
• as near a rr . it angle as safety and physical features permit/
(h) N ural slope and topography shall e. retained
whenever safely p ssible.
(c) Where t driveway is in an enlhan .• tient, culverts and
•
embankment protectors shall he used to con ' y the runoff or other
drainage to proper disposa .•hannels.
(d) Intersections of rivewa. . and pathways shall he
surfaced in a manner approved •v he City Engineer to minimize
the danger of slipping by pedestr'c ns )r horses.
(c) An encroachmen permit s' : II be required for work to
be done in the public righ if-way.
• (f) The horiz( tal alignment of t driveway shall be
- adequate for safe a . convenient travel.
(g) Driv •ays shall meet or exceed gra. and turning
radius stand• ds adopted by the City Council. Drive :vs shall not
exceed a r.aximum grade as established by the City Counc'
1) Driveways shall not be located within ten ( 10') --et of
• any roperty line except as necessary for site access and corn n
(ckriyeways and as approved by the Site Development Authority.
(ti 15, Ord. 299, eff. December I I , 1985)
•
Article 12. Road Right-of-Way Dedication
Sec. 10-2.1201 . Purpose.
The purpose of this article is to insure that the minimum design
• standards for road or driveway rights-of-way are satisfied for those
• lots created prior to January 1 , 1973. (§ I5, Ord. 299, eff.
December 11 , 1985)
• ak Sec. 10-2.1202. Right-of-way dedication.
Wherever a site development permit is requested for a lot which
• 'was created prior to January I , 1973, and where the driveway or
contiguous road rights-of-way arc suhstandard, the Site Develop-
ment Committee or Planning Commission may require dedication
of a richt-of-wav of sufficient width to conform to current 'Town
standards. (§ 15. Ord. .99, elf . December 1 I , 195)
,ur, Icy, \ I Iris IIII I \1IiNIc II' \ I r ( )I )I t; ') I ',Ota
profile, preferably referred to mean sea level datum as
established by the United States Geological Survey, or to bench
marks of the County Engineer, or as established by the City
Engineer. Cross-sections shall be presented as required by the
City Engineer;
(6) Gross and net acreage of the subdivision;
(7) A number for each lot, approximate dimensions of
• the lots, including frontage, depth, width and gross and net area
of each lot to the nearest hundredth (.01) of an acre. Each lot
shall have inscribed therein a circle, 160 feet in diameter, which
includes a building site:
(8) Slope density calculations on a form provided by
the City Engineer, to be signed by the subdivider's registered
• civil engineer, or licensed land surveyor;
• (9) An accurate tentative map of the land to be
subdivided, with existing contours, at intervals of five (5') feet
where the grade of any part of the subdivision exceeds ten
( 10%) percent. With grades less than ten ( 10i'o) percent, the
contour interval shall be two (2' ) feet or one ( 1 ' ) foot where
necessary, to describe the area. The tentative map shall show
how runoff of surface waters from individual lots will be
• achieved and the ultimate disposal of all subdivision surface
• waters. Bench marks for contours shall be so noted:
( 10) Location, width, and character. of all existing and
• proposed easements for drainage, water, sewage, public utilities,
together with the location and approximate dimensions of any
existing buildings and structures with the uses thereof proposed
• not to be removed in the development of the subdivision;
( 1 1 ) Locations, names and right-of-way widths of all
adjacent streets and roads, both public and private, including
• the type of pavement and the location in relation to the
right-of-way lines;
• ( 12) Approximate location and direction of flow of all
•
creeks, streams, and other watercourses, showing type of
existing banks and creek depths, with a separate sheet showing
cross-sections of all such creeks, streams, and watercourses,
when such streams, creeks or other watercourses and-three (3' )
feet in depth and/or the width is four (4' ) feet or more at the
bed of the stream, creek, or other watercourse, or as required
by the City Engineer:
( 13) Approximate distance, size and location of the
nearest existing sanitary sewer main line;
( 14) Proposed tree planting, in gallon size, number and
location ;
‘) I I .'in I H \ I I1 )ti IIII 1 , \Il \ I( II';\ I ( ( Ili L) I I .'(1;
neap, ;111(1 such additional copies as may he required by the City
Engineer, with any and all alterations and changes required
thereto, Conforming to law and the requirements of this
chapter.
(§ 1 (part), Ord. 232, eff. July 3, 1976)
• Sec.9- 1.1206. Accompanying documents in support
of a final map.
The following accompanying documents shall be required
for any and all final maps submitted to the City Engineer for
review:
• (a) Evidence of Title. In the event any dedication is to
be made for public use, a title guarantee issued by a reputable
title company doing business in the County of Santa Clara,
• dated not more than ten (10) days prior to the date of the filing
of the final map, showing the names of all persons whose
consent is necessary for the preparation of said map, and for
any dedication to public use, and their interests therein,
certified for the benefit and protection of the City that the
persons therein named are all of the persons necessary to give
• clear title to the roads and other easements therein to be
• . offered for dedication;
(b) Traverse Sheets. Electronic calculation traverse
sheets, in a form approved by the City Engineer, giving the
bearings, distances, angles, radii, length of curves, latitudes,
•• departures, and coordinates, mathematical closure within the
allowable limits of error of the exterior boundaries of the
•
subdivision. All lots or parcels, and all parcels offered for
• dedication shall be shown on the calculation sheets. Ties to
existing and proposed monuments shall be indicated ;
(c) Plans, Profiles, Details. Four (4) sets of plans,
profiles, details and specifications for improvements conforming
to the City Standard Specifications for Subdivision and to
Article XI. Said plans, profiles and details must show full details
•
.of all improvements, and shall be to a scale of forty or fifty feet
to the inch (40' or 50'/in) horizontally, and four or five feet to
•
the inch (4' or 5'/in) vertically;
(d) A detailed estimate of quantities and costs of the
proposed improvements for approval of the City Engineer;
(e) Such deeds, offers of dedication or other
instruments affecting or conveying title or any interests in land
as are required under the terms of conditional approval of the
tcnlative (nap .
( I) A receipt for applicable lees required for the filing
s
•
9 1 I ) (, 1 O` 11 1O.`, IIII I \11 : \ Ir 11' •11 ( c `) i I •'r)�
of a final neap, amount in accordance with the lee schedule
formally adopted by resolution of the City Council ;
(g) Three sets of landscaping plans, if required.
(§ 1 (part), Ord. 232, eff. July 3, 1976)
(h)
Sec.9- 1.1207. Final map review and action by the City
Engineer.
Within twenty (20) calendar days after the submittal of II
inforrnation required by Sections 9- 1 . 1205 and 9- I . 1206 the
City Engineer shall have examined the final ma ' and
accompanying data and shall determine:
(a) 'Whether the subdivision is substantially tl same as
shown on the approved or conditionally approv tentative
map, with only\`'approved alterations thereof;
• (b) Whether all conditions of the entative map
approval have been completed, or if inc i)plete, can be
included in a regular.,subdivision improvemryht agreement with
the Town;
(c) Whether • th&Suhdivision Ma• Act, all provisions of
this chapter, and all other applicabl provisions of law have
• been complied with; and
• (d) Whether said final map .s technically correct.
The City Engineer may re, est the assistance of other
agencies in the checking and c- tication of the final map. The
time limits for checking and .ppro ,al may be extended by the
• mutual consent of the sub.: ider an the City Engineer or the
City Council.
If the final map is .'ound to be tec lically correct and in
conformance, the City ngineer shall certif the map and return
it to the City Clerk o be filed and/or proce' ed in accordance
with the provision of the Subdivision Map Act •f the State.
(§ 1 (part), Ord. 32, eff. July 3, 1976)
• Sec.9-1.120 :'. Final action on parcel maps not equiring
dedications.
Parcae maps not requiring dedications need not be a• •roved
by the ity Council. Said maps, when in compliance wit this
articl and the Subdivision Map Act, may be signed by the .'ty
1'.117leer and filed with the Santa Clara County Board
S ervisors.
1 ( part ), Ord. 232, eff. July 3, 1976)