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Home My WebLink About400 ORDINANCE NO. 400 ORDINANCE OF THE TOWN OF LOS ALTOS HILLS PROVIDING LIMITATIONS TO THE SITE DEVELOPMENT REVIEW PROCESS AND ESTABLISHING A-FAST-TRACK PROCESS FOR REVIEW OF NEW RESIDENCES AND MAJOR ADDITIONS WHEREAS, the Council wishes to streamline the development process for the benefit of the Town's residents, specifically to avoid the cost of undesirable processing delays;and WHEREAS, the site development process needs to be clarified so that the site development authority is limited to appropriate review of proposed projects. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. Amendment of Code. Subsections (e) and (f) are hereby added to Section 10-2.1305 (Applications: Actions and Hearings) of Article 13 (Administration and Enforcement)of Chapter 2 (Site Development)of Title 10 (Zoning and Site Development) of the Town of Los Altos Hills Municipal Code to read as follows: (e) The Site Development Authority shall limit its review of site development applications to elements of the proposed development which arespecifically addressed by provisions in the Town's General Plan,Site Development and Zoning Codes, Design Guidelines and Town policies adopted by the Council. Specific design and architectural features, including, but not limited to, architectural style, chimneys,-window treatment and skylights, shall not be considered or altered by the Site Development Authority. (f) Upon any required reduction in height,floor area,or development area below the maximum allowed by the Town's Zoning Code, or upon any required-increase in setbacks in excess of the minimum required by the Town's Zoning Code, the Site Development Authority must make both of the following findings: (1) Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the proposed development would be injurious to adjacent property and/or the general public; and (2) There are no other reasonable means to mitigate the expected impacts of the proposed development such as a) landscape mitigation, b) repositioning of the proposed structure or structures, and/or c) lowering the profile of the proposed structure or structures through grading. 1 NADATA\C1ients\L\LAH\0rdTast1 r.ord 2. ` Amendment of Code. Section 10-2.1305.1 (Fast-Track Process) is hereby added to Article 13 (Administration and Enforcement) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Town of Los Altos Hills Municipal Code to read as follows: (a) The Planning Director may fast-track any site development application for a project specified for Planning Commission review under subsection 10-2.1305(c) above, subject to the determination that: (1) The project conforms to the Town's General Plan,Zoning and Site Development Codes, Design Guidelines, Town policies adopted by the Council and subdivision conditions, where applicable; and (2) The project would not require approval of a variance or a conditional development permit; and (3) There is no substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); and (4) The applicant agrees in writing to accept all of the proposed conditions of approval. (b) The fast-track review process shall consist of the following: (1) A complete application must be filed pursuant to the provisions of Section 10-2.1303 above. (2) Upon the Planning Director's determination that the application.is. complete, the applicant-shall install story.poles at the-site to represent.an outline of the size and height of the proposed project. (3) Upon installation of the story poles to the satisfaction of the Planning Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of subsection 10-2.1305(c) above and to members of the Planning Commission. (4) The Planning Director shall set a site development hearing for the proposed project to be held not sooner than ten (10) days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary. (5) Environmental Design Committee and Pathways Committee representatives may participate in the site development hearing, and shall receive notice of the hearing on the same date that notice is mailed to property owners. 2 NADATA\Clients\L\LAH\Ord\Fast1 nord (6) An interim staff report shall be prepared at least five (5)days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and-its compliance with the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and subdivision conditions, where applicable. (7) The hearing shall be conducted bythe Planning Director,and no other person may preside over the hearing unless so authorized by action of the City Council. (8) The Planning Director shall approve the project if the Director determines that the project .complies with the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and subdivision conditions, if applicable, and that no substantive neighborhood opposition exists. (9) Afinal staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Planning Director's assessment of whether the opposition is supported by facts or relevant information. (10) Written notice of the Planning Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of ten (.10) days prior to the end of the appeal period. (11) The final staff report shall be forwarded to the City Council on a consent.calendar for a meeting to be-held not earlier than ten (10) days or later than ,twenty-one (21) days after the site development decision; in the event that no Council meeting is held within that period, the City Clerk will notify the Council of the Planning Director's decision and, if no appeal is made prior to twenty-one (21) days after the site development hearing, the project will be considered approved. (12) Appeals of the Planning Director's decision may made in writing by any interested party, including by any Councilmember, not later than the date and time of the City Council's consideration of the item on its consent agenda, or not later than twenty-one (21)days after the site development decision in the event that no Council meeting is scheduled. (13) If no appeal is made, the decision of the Planning Director shall be final. If an appeal is made, the Council shall set a public hearing to consider the appeal pursuant to the provisions of subsection 10-2.1313(c) below. (c) The Planning Director shall submit an application for a project to the Planning Commission if the Director determines that: 3 NADATA\C1ients\L\LAH\Ord\Fast1 r.ord (1) The project does not conform to the Town's General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies adopted by the, Council and subdivision conditions, where applicable; or (2) The projectwould require approval of variance or conditional development permit;,or (3) There is substantive neighborhood opposition to the project ("substantive",is not based on the number of neighbors objecting); or (4) The applicant does not agree to accept all of the proposed conditions of approval in writing; or (5) The project presents unique planning issues that need greater discussion. (d) The Planning Director's determination to fast-track or submit a project to the Planning Commission is final. (e) The City Council and no individual Councilmember(s)shall attempt to influence the Planning Director's determination of whether to fast-track or submit a project to the Planning Commission. (f) Councilmember(s) shall not appeal a fast-track project on the basis that the applicant objects to-one or more condition(s) of approval. 3. Severability. If an art of this Ordinance is held to be invalid or inapplicable v Y p pp to any situation by a-.court of competent jurisdiction,,such.decision shall not affect the , validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other,situations. // // // // // // 4 N:\DATA\C1ients\L\LAH\0rd\Fast1 r.ord 4. Effective Date: Posting. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted in at least three (3) public places within the Town of Los Altos Hills. INTRODUCED: June 17, 1999 PASSED: July 1, 1999 AYES: Mayor Pro Tem Finn and Councilmembers Casey, Johnson NOES: Mayor Dauber and Councilmember Siegel ABSTENTIONS: None ABSENT: None ATTEST CITY CLERK APPROVED AS TO FORM: CIT ATTORNEY I 5 NADATA\C1ients\L\LAH\0rd\Fast1 r.ord