HomeMy WebLinkAbout345 ORDINANCE NO. 345
AN URGENCY INTERIM ORDINANCE OF
THE CITY COUNCIL OF
THE TOWN OF LOS ALTOS HILLS
AMENDING CHAPTER 1 (ZONING) OF
TITLE 10 (ZONING AND SITE DEVELOPMENT)
WITH REGARD TO NONCONFORMING STRUCTURES
WHEREAS, Government Code Section 65858 allows a city,
without following the procedures otherwise required prior to the
adoption of a zoning ordinance, to adopt, as an urgency measure,
an interim ordinance prohibiting any uses which may be in
conflict with a zoning proposal which the legislative body
intends to study within a reasonable time; and
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WHEREAS, Los Altos Hills Municipal Code Section
10-2.301(b) (1) requires a principal or secondary residence to
procure a site development permit; and
WHEREAS, Los Altos Hills Municipal Code Section 10-1.702 (k)
sets out standards to be applied in the discretion of the Site
Development Committee in issuing a permit for a secondary
dwelling; and
WHEREAS, the Los Altos Hills. Municipal Code Section
10-1.401 regarding nonconforming structures allows a
nonconforming structure. to be reconstructed, repaired or rebuilt;
and
WHEREAS, the sections of the Municipal Code regarding
secondary dwellings and the section of the Municipal Code
regarding nonconforming structures conflict; and
WHEREAS, ,the City Council did not intend that any secondary
dwelling be allowed without a site development permit; and
WHEREAS, the City Council wishes to clarify the Municipal
Code to prevent nonconforming structures from being used as
secondary dwellings without a site development permit; and
WHEREAS, while such a -proposal is being studied, the City
Council, in order to prevent uses in conflict with such study and
in order to protect the public health, safety, and welfare,
adopts this urgency ordinance so that nonconforming structures
may not be used for secondary dwellings;
NOW THEREFORE
the City Council of the Town of Los Altos
hills does ORDAIN as follows:
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Section 1. Interim Ordinance. Section 10-1.401 entitled
"Nonconforming Structures" of Chapter 1 (Zoning) of Title 10
(Zoning and Site Development) of the Los Altos Hills Municipal
Code is hereby,.amended, during the term of this interim urgency
ordinance, to read as follows:
10-1.401 Nonconforming Structures.
The provisions of this chapter shall not prevent the
reconstruction, repairing or rebuilding of any legal
nonconforming structure, so long as the reconstruction,
repair or rebuilding does not result in an increase in
the nonconformity that existed prior to the damage or
reconstruction and so long as the nonconforming
structure is not converted to a secondary dwelling.
Section 2. Findings. The City Council finds that there is
a current and immediate threat to public health, safety or
welfare if nonconforming structures are allowed to be used for
primary or secondary dwellings in that such structures could be
within setbacks and sited without conditional development permits
or site development permits, therefore impacting adjoining
property owners and in that such structures could be unfit for
human habitation.
Section 3. Term. This ordinance shall be effective
immediately and shall apply to all structures that have not yet
received building permits. This ordinance shall remain in effect
for only forty-five (45) days from the date of its adoption, or
until Ordinance 344 becomes effective, whichever is earlier,
unless extended pursuant to Government Code Section 65858.
Section 4. Report. At least ten days prior to expiration
of this interim ordinance, the City Council shall issue a written
report pursuant to Government Code Section 65858 (d) describing
the measures it has taken to alleviate the conditions which have
lead to the adoption of this. ordinance.
This .ordinance was -passed and adopted at a regular meeting
of the City Council of the Town of Los Altos Hills on " May 1
1991 on a four-fifths vote of the Council as follows:
AYES: Mayor Siegel and Councilmembers Hubbard-;`.Johnson and .Tryon
NOES: Councilmember Casey
ABSTENTIONS: None
ABSENT: None
By:
Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Cyty Attorney
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