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ORDINANCE 547
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTION 10-1.502 OF THE MUNICIPAL CODE WITH REGARD TO
ROOF MOUNTED PHOTOVOLTAIC FACILITIES AND
DEVELOPMENT AREA BONUS
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to
advance the Town's energy conservation goals and increase energy efficiency in residential,
public and private facilities; and
WHEREAS, the Town wishes to amend the section of the Zoning Code to extend the
Development Area Bonus for Roof Mounted Photovoltaic Facilities until July 30, 2018.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. AMENDMENT OF CODE. Section 10-1.502 (Development Area), Article 5
(Area, Coverage, Height, and Setback Limitations) of Chapter 1 (Zoning) of Title 10 (Zoning
and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as
follows:
10-1.502 Development area.
Except as provided in subsections (c) and (d) of this section, 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 subsection (a) of this section where An is net area in acres, S is the average
slope of the parcel or lot in percent, as defined in Section 10-1.202, LUF is the lot unit factor as
defined by Section 10-1.202 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 subsections (1), (2),
and (3)below:
(1) For parcels or lots where S is equal to or less than ten(10)percent:
MDA=LUF x 15,000 square feet.
(2) For parcels or lots where S is more than ten (10) 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 (30) percent:
MDA=LUF x 7,500 square feet.
(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 10-1.202 of this title;
(2) The total area of land covered by structures not counted in subsection (b)(1) of
this section, such as parking areas, patios, decks, walkways, swimming pools and
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tennis courts, together with other surfaces comprised of artificially emplaced building
materials such as paving, roofing, masonry, stone or wood;
(3) The 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 subsection(b)(3) of this section.
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 subsections (b)(3) and (b)(4) of this section, the amount of
driveway area shall be proportioned to the residences based upon use of the driveway;
(5) Exemptions. Walkways constructed of unconsolidated building materials such as
decomposed granite, tanbark and other wood chips; roof overhangs unsupported from
the ground; and synthetic turf material with natural appearance and drainage
characteristics similar to natural turf, when used on athletic fields at public recreational
facilities and schools, subject to a conditional use permit approval by the City Council;
(6) Development Area Bonus. A development area bonus (five hundred (500) square
foot maximum) of one square foot for every one square foot of roof-mounted
photovoltaic (PV) power generation facility (solar panels) shall be granted subject to
the following requirements:
(i) The development area bonus shall apply only to properties that do not
already exceed the maximum development area allowable,
(ii) The roof-mounted PV facility shall be grid tied or connected,
(iii) For new residences, the roof-mounted PF facility shall be fully installed
and grid connected prior to the final inspection and occupancy of the new
residence,
(iv) For all other structures and projects, the roof-mounted PV facility shall
first be installed with a building permit and receive satisfactory final inspection
prior to granting of the development area bonus,
(v) The development area bonus shall only be used for projects that otherwise
comply with all other zoning and site development ordinances,
(vi) The maximum allowable development area bonus shall be reduced by one
square foot for every one square foot of ground-mounted PV system over five
hundred (500) square feet that is exempted from development area requirements
by action of the Planning Commission,
(vii) Any development area bonus request may be referred to the Planning
Commission by the Planning Director. A development area bonus request for a
property of less than one net acre in size shall be subject to Planning Commission
review and decision,
(viii) Sunset Provision. This section shall expire on July 30, 2014,
(ix) The Planning Director shall provide the City Council with an annual
report that evaluates the effectiveness of this subsection as an incentive for
increasing PV system installations;
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(7) Photovoltaic Power Generation Facilities. Photovoltaic power generation facilities
that are connected to the grid and that are five hundred (500) square feet or less are
exempt from the requirements of this section. Photovoltaic power generation facilities
greater than five hundred (500) square feet in area are subject to the requirements of
this section, unless the Planning Commission determines that the offsite visual impacts
of the facility are adequately mitigated.
(c) Minimum MDA. The allowable development area on any parcel or lot shall not be
reduced to less than seven thousand five hundred (7,500) square feet by application of the
provisions of this section, except as set forth in Section 10-1.502(e) or except in the case of
parcels or lots which have a lot unit factor of 0.50 or less. Parcels or lots which have a lot
unit factor of 0.50 or less require a Conditional Development Permit and development area
may be restricted below seven thousand five hundred (7,500) square feet as a condition of
the permit. Maximum development area for lots which require a Conditional Development
Permit shall be established as the maximum floor area allowed by Section 10-1.503(c), plus
two thousand one hundred (2,100) square feet. The Site Development Authority may
approve development area of up to a total of four thousand-five hundred (4,500) square feet
for any lot or parcel without requiring a variance, so long as the findings for a Conditional
Development Permit are made.
(d) For any lot on which substantial areas of slope in excess of thirty (30) percent
constrain the allowable development area for the site, the lot unit factor and maximum
development area may be calculated based solely on the flatter portion of the property,
provided that: (1) the area used in the calculation results in a lot unit factor (LUF) in excess
of 1.0 and provides a minimum of a one hundred sixty (160) foot diameter building circle
within that area; (2) the remaining steep slopes excluded from the calculation are
contiguous and placed in a conservation easement, prohibiting any construction, grading or
development in perpetuity; and (3) driveway access to the building site is located outside of
the conservation easement area.
(e) The standards set forth in this section for maximum development area (MDA) are
maximum standards. The City Council and Planning Commission have the discretion to
apply stricter standards to reduce development area where site specific constraints dictate
further limitations, such that the purposes of the ordinances are complied with. Some
examples of site constraints include, but are not limited to, the shape or natural features of
the lot, easements which restrict development, the potential for erosion, or high site
visibility. (§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 313, eff. June 5, 1987; § 2, Ord.
382, eff. May 17, 1996; § 1, Ord. 389, eff. August 15, 1997; § 1, Ord. 412, eff. July 7, 2001;
§ 1, Ord. 431, eff. November 16, 2003; § 3, Ord. 446, eff. June 11, 2006; § 1, Ord. 500, eff.
August 13, 2006; § 1, Ord. 522, eff. December 18, 2010)
2. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this
ordinance, including the application of such part or provision to other persons or circumstances
shall not be affected thereby and shall continue in full force and effect. To this end, provisions of
this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or
phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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3. EFFECTIVE DATE; PUBLICATION. This ordinance shall become effective
thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall
be published once, with the names of those City Council Members voting for or against it, in the
Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as
required by law.
INTRODUCED: August 15, 2013
PASSED: September 19, 2013
AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan,
Councilmember Harpootlian, Councilmember Larsen
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Mayor
ATTEST;-
City
TTEST:City Clerk
APPROVED AS TO FORM:
City Attorhey
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