HomeMy WebLinkAbout522 ORDINANCE NO. 522
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING
SECTIONS 10-2.1305.1 (Fast Track Process), 10-1.502 (Development Area), 10-1.503 (Floor Area),
10-1.504(Height), 10-1.505 (Setback Lines),and 10-2.1305 (Applications-Actions and Hearings)
WHEREAS,the Fast Track Guide for New Residences was adopted by City Council on July 15,
2010;
WHEREAS,the Design Guidelines were repealed by the City Council in 2001,the term"Design
Guidelines"is no longer applicable in the Town's Municipal Code;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as
follows:
1. AMENDMENT OF THE FOLLOWING CODE SECTIONS
• 10-2.1305.1 of Article 13 (Fast Track Process) of Chapter 2 (Site Development) of Title
10 (Zoning and Site Development);
• 10-1.502 of Article 5 (Development Area)of Chapter 1 (Zoning)of Title 10 (Zoning and
Site Development);
• 10-1.503 of Article 5 (Floor Area) of Chapter 1 (Zoning) of Title 10 (Zoning and Site
Development);
• 10-1.504 of Article 5 (Height) of Chapter 1 (Zoning) of Title 10 (Zoning and Site
Development);
• 10-1.505 of Article 5 (Setback Lines) of Chapter 1 (Zoning) of Title 10 (Zoning and Site
Development);AND
• 10-2.1305 of Article 13 (Applications-Action and Hearings). of Chapter 2 (Site
Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills
Municipal Code are hereby amended to read as follows:
10-2.1305.1 Fast-track process.
(a) The Planning Director may fast-track any site developmentapplication for a project specified
for Planning Commission review under subsection 10-2.1305(c) above, subject to the Planning
Director's determination that:
(1) The project conforms to the Town's General Plan, Zoning and Site Development Codes,
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); however, new residences that score 14 or fewer
points on the Town's Fast Track Guide for New Residences (Fast Track Guide) checklist
and meet the other requirements of this subsection 10-2.1305.1(a), shall be eligible for
the Fast Track process,regardless of neighborhood opposition; 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 shall be filed pursuant to the provisions of Section 10-2.1303
above.
(2) For a new residence project, the Planning Director or designee shall determine the
project's eligibility for the Fast Track process using the Fast Track Guide Checklist. Only
projects that score 14 points or less shall be eligible for the Fast Track process. The Fast
Track Guide Checklist, or a project's conformance with the Fast Track Guide Checklist,
shall not provide the basis for the Site Development Authority's approval, conditional
approval, or disapproval of a project.
(3) 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.
(4) 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 five
hundred(500)feet from the subject property, pursuant to the notice provisions of Section
10-2.1305(c) and to members of the Planning Commission.
(5) 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.
(6) 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.
(7) 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, Town policies and subdivision conditions, where
applicable.
(8) The hearing shall be conducted by the Planning Director, and no other person may
preside over the hearing unless so authorized by action of the City Council.
9 The Planning Director shall approve the project if the Director determines that the project
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complies with the Town's General Plan, Zoning and Site Development Codes, Town
policies and subdivision conditions, if applicable.
(10) A final 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.
(11) 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.
(12) Council Review of Actions. The final staff report shall be forwarded to the City Council
on a consent calendar for a meeting to be held not earlier than twenty-two (22) 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-two (22) days after the site development hearing, the
project will be considered approved.
(13) Appeals. Any interested party may appeal a decision of the Planning Director to the
Planning Commission by filing a written notice of appeal with the City Clerk within
twenty-two (22) days of the Planning Director's decision. A nonrefundable filing fee and
deposit for services shall accompany each appeal, except that any member of the Council
or any two (2) members of the Planning Commission, whichever is applicable, shall hold
a public hearing, in accordance with the provisions of Section 10-10.1005.
(14) Effective Date. If no appeal is made, the decision of the Planning Director shall become
final on the twenty-third (23rd) day following the action. 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).
(c) The Planning Director shall submit an application for a project to the Planning Commission if
the Director determines that:
(1) The project does not conform to the Town's General Plan, Zoning and Site
Development Codes, Town policies adopted by the Council and subdivision conditions,
where applicable; or
(2) The project is a new residence project that scores 15 points or greater on the Fast Track
Guide checklist; or
(3) The project would require approval of a variance or conditional development permit; or
(4) There is substantive neighborhood opposition to the project ("substantive" is not based
on the number of neighbors objecting); however, new residences that score 14 or fewer
points on the Town's Fast Track Guide for New Residences (Fast Track Guide)
checklist and meet the other requirements of this subsection 10-2.1305.1(a), shall be
eligible for the Fast Track process,regardless of neighborhood opposition; or
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(5) The applicant does not agree to accept all of the proposed conditions of approval in
writing; or
(6) 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. (§ 2, Ord. 400, eff. July 31, 1999; § 2, Ord. 448, eff. June
25,2006)
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 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;
(3) The first one hundred (100) feet of driveway, as measured along the center line, closest
to the primary dwelling; an
(4) That portion of a driveway exceeding twelve (12) feet in width which is located beyond
the area described in subsection 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 subsections 3 and 4 above, 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 regulations,
(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 30,2013,
(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;
(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 .50 or less. Parcels or lots which have a lot unit factor of .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) below, 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.
(c) 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)
10-1.503 Floor area
Except as provided in subsections c and d 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 10-1.202, LUF is
the lot unit factor as defined in Section 10-1.202, 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
subsections 1,2, and 3 below:
1) For parcels or lots where S is equal to or less than ten(10)percent:
MFA=LUF x 6,000 square feet
2) For parcels or lots where S is greater than ten (10) percent and less than thirty (30)
percent:
MFA=LUF x[6,000-50(S-10)] square feet
3) For parcels or lots where S is equal to or greater than thirty(30)percent:
MFA=LUF x 5,000 square feet
(b) Floor Area. Floor Area shall be measured as defined in Section 10-1.202 of this title.
(c) Minimum MFA. The allowable floor area on any parcel or lot shall not be reduced to less than
five thousand (5,000) square feet by application of the provisions of this section, except as set
forth in Section 10-1.503(e) or except in the case of parcels or lots which have a lot unit factor
of .50 or less. Parcels or lots which have a lot unit factor of .50 or less require a Conditional
Development Permit and floor area may be restricted below five thousand(5,000) square feet as
a condition of the permit. Maximum floor area for lots which require a Conditional
Development Permit shall be established as the ratio of the lot unit factor (LUF) for the lot
divided by 0.50 times five thousand (5,000) square feet. The Site Development Authority may
approve floor area of up to two thousand five hundred (2,500) square feet for any lot 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 floor area for the site, the lot unit factor and maximum floor 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 floor area (MFA) are maximum standards.
The City Council and Planning Commission have the discretion to apply stricter standards to
reduce floor 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, or high
site visibility. (§ 1, Ord. 305, eff. October 3, 1986; § 3, Ord. 382, eff. May 17, 1996; § 2, Ord.
389, eff.August 15, 1997; § 2, Ord. 412, eff. July 7, 2001)
10-1.504 Height
(a) Structures. No structure or part of a structure shall be constructed or altered to exceed twenty-
seven(27) feet in structure height in any permitted location, except that primary dwellings shall
be permitted a maximum structure height of up to thirty-two (32) feet subject to all of the
following requirements:
(1) For each one foot increase in structure height above twenty-seven(27)feet the minimum
required side and rear yard setback lines, as defined by Section 10-1.505, shall each be
increased, in distance from the property line, an additional three (3) feet. No portion of
the primary dwelling structure shall be located between the property line and the setback
line.
(2) For each one foot increase in structure height above twenty-seven(27)feet the minimum
required front yard setback line, as defined by Section 10-1.505, shall be increased, in
distance from the property line, an additional four (4) feet. No portion of any structure
shall be located between the property line and the setback line.
(3) Eligible structures shall have sloped roof surfaces only with a minimum roof pitch of
4:12 that terminate at a ridge.
(4) The maximum continuous wall height shall not exceed twenty-seven(27)feet.
(5) Dormer rooflines shall not exceed a maximum height of twenty-seven(27)feet.
(6) The current maximum overall building height of thirty-five (35) feet, as described in
subsection(b)below, shall not be exceeded.
(b) Special Height Limitation. No structure shall exceed a height of thirty-five (35) feet, measured
as the distance between the lowest natural grade topographical elevation of the structure along
the building line and the highest topographical elevation of the roof of the structure.No point of
the building may exceed thirty-five(35)feet above the lowest pad elevation of the building.
(c) Exceptions. The following structures or elements of structures are exempt from the height
limits to the extent indicated:
(1) Chimneys and appurtenances can extend above the twenty-seven (27) foot height limit.
However, the maximum height including chimneys and appurtenances shall not exceed
thirty-five (35) feet and all points of the building must lie within a thirty-five (35) foot
horizontal band based from the lowest visible natural or finished grade.
(d) Ornamental Garden Structures. Ornamental garden structures without roofs and which do not
exceed six (6) feet in height may be located between property lines and setback lines provided
they do not exceed three(3)feet in height when located in an area bounded by the center line of
intersecting roads or easements for vehicular access, public or private, and a straight line
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joining points on such center lines ei h feet distant from their intersection.
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(e) Antennas and Dish Antennas. No antenna, whether freestanding or attached to a building, shall
be erected or installed until any permit required by Section 10-2.301 shall first have been
obtained and the allowable height thereby,determined. The height to which any antenna may be
extended, whether freestanding or attached to a building, shall mean the vertical distance at any
point from the natural ground level of the property on which the antenna is erected or installed
and which existed prior to grading for any structure, or from any building pad on the property if
excavated below natural ground level, whichever elevation is lower, to the highest part of the
antenna directly above.
(f) The standards set forth in this section for height are maximum standards. The City Council and
Planning Commission have the discretion to apply stricter standards to reduce height 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, or high site visibility. (§ 1,
Ord. 305, eff. October 3, 1986; § 1, Ord. 326, eff. September 16, 1988; § 4, Ord. 370, eff. May
20, 1994; § 3, Ord. 389, eff. August 15, 1997; § 1, Ord. 421, eff. August 17, 2002; §§ 2, 3 and 4,
Ord. 434, eff.May 15,2004)
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, including necessary backup areas;
walkways; minor ornamental garden structures 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) 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.
(2) 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 10.
(c) The setback line for any structure shall be:
(1) Where a parcel abuts on a single street or other access way, 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.
(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.
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(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 maintenance of
utilities within such easements shall be excluded from the term"easement for vehicular access."
(e) The standards set forth in this section for setbacks are minimum standards. The City Council and
Planning Commission have the discretion to apply stricter standards to increase setbacks where
site specific constraints dictate further limitations, such that the purposes of the ordinances are
complied with. Some examples of site characteristics include, but are not limited to, high site
visibility where a greater setback is deemed necessary to reduce the appearance of bulkiness of
the structure; and/or proximity to other lots or structures where a greater setback is deemed
necessary to promote a variety in setbacks to avoid the appearance of uniform house designs or
layouts. (§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 326, eff. September 16, 1988; § 1, Ord.
361, eff. January 15, 1994; § 1, Ord. 388, eff. August 1, 1997; § 4, Ord. 389, eff. August 15,
1997; § 1, Ord. 391, eff. December 5, 1997)
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10-2.1305 Applications—Action and hearings.
(a) The Planning Director shall review all site development applications for projects meeting the
criteria outlined in Section 10-2.301(a). The Planning Director may issue a permit with such
reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter,
may refer the application for hearing before the Planning Director or the Planning Commission,
or may disapprove the application for site development.
(b) The Planning Director shall review all site development applications for projects meeting the
definitions in Section 10-2.301(b) after a noticed hearing. The Planning Director may issue a
permit with such reasonable conditions as the Planning Director deems necessary to achieve the
purposes of this chapter, may refer the application to the Planning Commission, or may
disapprove the application for site development. Plans shall be referred for review to the
appropriate staff and to the Pathways Committee and Environmental Design Committee, and
notice of the hearing shall be provided to each of those committees and to the Planning
Commission.
Notice of the time and place of the hearing shall be posted in at least three (3) public posting
places and posted on the property adjacent to a public street or adjacent to any access road or
way to the property not having public frontage.Notices of such hearings shall also be served by
United States mail to the owner of the subject property, or the owner's authorized
representative, to the project applicant and to each property owner whose property is within
three hundred (300) feet of the exterior boundary of the property, using addresses from the
latest equalized assessment roll. In lieu of using the assessment roll, the Town may require
these addresses to be obtained from records of the County Assessor or Tax Collector which
contain more recent information than the assessment roll. All required names and addresses
shall be provided by the applicant or his or her representative at the time the site development
permit application is filed. Such posting and mailing shall be completed at least ten (10) days
prior to the date of the hearing. The notice shall state the purpose of the application, the time
and place of the hearing, and a statement that all written and oral statements will be considered
by the Planning Director.
In addition to evidence presented at the hearing, the Planning Director shall consider the
recommendations of staff members and of the Pathways Committee and Environmental Design
Committee in making a determination regarding the proposed project.
(c) The Planning Commission shall review all site development applications for projects meeting
the definitions in Section 10-2.301(c). The Commission may issue a permit with such
reasonable conditions as it deems necessary to achieve the purposes of this chapter or the
Planning Commission may disapprove the application for site development.
No permit for site development shall be granted by the Commission without a hearing having
first been held thereon. Notice of the time and place of the hearing shall be posted in at least
three (3) public posting places and posted on the property adjacent to a public street or from
any access road or way to property not having public frontage. Notices of such hearings shall
also be served by United States mail to the owner of the subject property, or the owner's
authorized representative, to the project applicant and to each property owner whose property is
within five hundred (500) feet of the exterior boundary of the property, using addresses from
the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require
these addresses to be obtained from records of the County Assessor or Tax Collector which
contain more recent information than the assessment roll. All required names and addresses
shall be provided by the applicant or his or her representative at the time the site development
permit application is filed. Such posting and mailing shall be completed at least ten (10) days
prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing thereon,
and a statement that all written and oral statements will be considered by the Planning
Commission.
(d) Approval. The Site Development Authority shall not approve a permit for any project which
does not conform with the provisions of this chapter.
(e) The Site Development Authority shall limit its review of site development applications to
elements of the proposed development which are specifically addressed by provisions in the
Town's General Plan, Site Development and Zoning Codes, 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:
(i) Landscape mitigation;
(ii) Repositioning of the proposed structure or structures; and/or
(iii) Lowering the profile of the proposed structure or structures through grading.
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.
3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days
after adoption. Pursuant to the provisions of Government Code Section 36933, a summary of this
ordinance shall be prepared by the City Council's designee. At least five (5) days prior to the Council
meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary
in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of this
ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish
the summary in a newspaper of general circulation, and(2) post in the City Clerk's Office a certified copy
of the full text of this ordinance along with the names of those City Council members voting for and
against this ordinance or otherwise voting.
INTRODUCED: October 21, 2010
PASSED: November 18 , 2010 ,.
AYES: KERR, I ORDO, SUI-BUT AND WA,RSHAV?SKY
NOES: None
ABSTENTIONS: None
ABSENT: LARSEN
BY:
Mayor
ATTEST:
City Clerk
APPROVE S TO FORM:
City Attorney
1420228.1