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HomeMy WebLinkAbout348 ORDINANCE NO. 348 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) BY AMENDING PROVISIONS REGARDING APPEALS WHEREAS, the Town of Los Altos Hills allows individuals, including councilmembers, to appeal approvals of variances, use permits, conditional development permits, and site development permits made by the Planning Commission or Site Development Committee; and WHEREAS, the Town wishes to allow councilmembers to appeal decisions of the Planning Commission or Site Development Committee without paying a fee and without requiring the entire Council itself to appeal the decision; and WHEREAS, the Town wishes to make consistent the procedures for councilmembers' appeals of all Planning Commission or Site Development Committee approvals of variances, use permits, conditional development permits, and site development permits for major projects; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Article 11 (Appeals, variances, conditional use permits, conditional development permits and amendments) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) , Section 10-1. 1108 (Effective date of actions of the Planning" Commission) , of the Los Altos Hills Municipal Code is hereby amended to read as follows: 10-1. 1108. Effective dates of actions of the Planning Commission. Actions of the Planning Commission with regard to variances, conditional development permits, appeals from administrative officials, and conditional use permits shall become final on the eleventh day following the action, unless an appeal is filed in accordance with the provisions of Section 10-1. 1109 or Section 10-1. 1110 of this article. Actions of the Staff Committee with regard to variances shall become final on the eleventh day following the action, unless an appeal is filed as specified above. SECTION 2 . AMENDMENT OF CODE. Article 11 (Appeals, variances, conditional use permits, conditional development permits and amendments) of. Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) , Section 10-1.1109 (Appeals from decisions of ,the planning commission and staff committee) , of the Los Altos Hills Municipal Code is hereby amended to read as follows: Section 10-1. 1109 Appeals from decisions of the planning commission and staff committee. 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 Clerk within ten (10) days of the decision. Any member of the Council or any two members of the Planning Commission may file such an appeal of a decision of the Staff Committee without the payment of a fee. Any interested party may appeal a decision of the Planning Commission to the Council by filing a written notice of appeal with the City Clerk within ten (10) days of the decision. Any member of the Council may file such an appeal without the payment of a fee. A nonrefundable filing fee and a deposit for services as adopted by resolution of the City Council shall accompany each notice of appeal, except as noted above. The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1. 1105 of this i article. SECTION 3 . AMENDMENT OF CODE. Article 11 (Appeals, variances, conditional use permits, conditional development permits and amendments) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) , Section 10-1.1110 (Appeals from decisions of the planning commission and staff committee) , of the Los Altos Hills Municipal Code is hereby amended to read as follows: 10-1. 1110. Council Review , of Actions. Following the approval of a variance, conditional use permit, or ruling upon an. appeal from the decision of an administrative official, pursuant to Section 10-1.1102, by the Planning Commission, the Council, at its first meeting following the taking of such action (if such a meeting is held within ten (10) days of the approval by the Planning Commission) , 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 Council by noting so on the record. If the Council does not meet within ten (10) days of the Planning Commission decision, the City Clerk shall give written notice of the decision to each councilmember. Included in that notice shall be the date by which a written appeal by a councilmember must be received by the City Clerk. If a councilmember appeals the matter to the Council, the Council shall set the matter for public hearing in accordance with the provisions of Section 10-1. 1105 of this article. 2 - SECTION 4. AMENDMENT OF CODE. Article 13 (Administration and Enforcement) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) , Section 10-2.1313 (Appeals) of the Los Altos Hills Municipal Code, is hereby amended to read as follows: 10-2 . 1313 . Effective Date; Appeals. (a) Effective date. Actions of the Zoning Administrator, Site Development Committee and Planning Commission with regard to zoning permits and site development permits shall become final on the eleventh day following the action, unless an appeal is filed in accordance with the provisions set forth below. (b) Appeals. Any interested party may appeal a determination of the Zoning Administrator or Site Development Committee to the Planning Commission by filing a written notice of appeal with the City Clerk within ten (10) days of the Zoning Administrator's or Site Development Committee's decision. Any member of the Council or any two members of the Planning Commission may file such an appeal without the payment of a fee. Any interested party may appeal a determination of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days of the Planning Commission's decision. Any member of the Council may file such an appeal without payment of a fee. A nonrefundable filing fee and a deposit for services as adopted by resolution of the City Council shall accompany each notice of appeal, except as noted above. The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1.1105 of this article. (c) Council review of actions. Following the approval of a site development permit for a new residence, secondary dwelling, or major remodel of either, by the Site Development authority, the Council, at its first meeting following the taking of such action (if such a meeting is held within ten (10) days of the approval by the Site Development authority) , may discuss the action solely for the purpose of eliciting any desired information, following which any member of the Council may appeal the matter by noting so in the record. If the Council does not meet within ten (10) days of the Planning Commission decision, the City Clerk shall give written notice of the decision to each councilmember. Included in that notice shall be the date by which a written appeal by a councilmember must 3 - b be received by the City Clerk. If a councilmember appeals the matter, the Council or Planning Commission, whichever is applicable, shall set the matter for public hearing in accordance with the provisions of Section 10-1. 1105 of this article. (d) Major remodel. For the purposes of this section 10-2 . 1313, "major remodel" is defined as any remodel of a structure in which an existing exterior wall or roof structure is removed in the remodeling process. SECTION 5. ENVIRONMENTAL REVIEW. Pursuant to the California Environmental Quality Act, the Council finds that there is no substantial evidence that this ordinance will have a significant effect on the environment. SECTION 6. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable 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. SECTION 7. EFFECTIVE DATE; POSTING. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. INTRODUCED: July 3 1991 PASSED: July 17, 1991 AYES: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon NOES: None ABSTENTIONS: None ABSENT: None By: , M yor ATTEST: City Cle APPROVED AS TO FORM: ity Attorney PB\PMG\14949079.W50 4 -