HomeMy WebLinkAbout514 ORDINANCE NO. 514
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTION 10-2.301 OF THE MUNICIPAL CODE WITH REGARD TO THE
REVIEW PROCESS FOR SECONDARY DWELLING UNIT APPLICATIONS
WHEREAS, State law (AB 1866) requires local governments with a local second-unit
ordinance to ministerially consider second-unit applications.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. AMENDMENT OF CODE. Sections 10-2.301 of Article 3 (Permits Required) of
Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills
Municipal Code is hereby amended to read as follows:
10-2.301. Permits
No person shall commence or perform any activity described in subsection (a), (b), or (c)
of this section without first obtaining a site development permit. A separate site
development permit shall be required for each site on which any action(s) covered by this
chapter is (are)to be undertaken.
(a) Administrative review. The Planning Director or designee shall review and
act on site development applications for the following activities without the necessity of
notice and a hearing, provided that the Planning Director may deem it appropriate to
conduct a noticed hearing pursuant to subsection (b) below for any of the items listed in .
this subsection(a):
(1) The construction or placement of any spa, solar panel, or dish antenna in
excess of three (3') feet in height, or thirty (30) square feet in development
area;
(2) Grading:
(i) For fills equal to or exceeding two (2') feet but less than four (4') feet
in vertical depth, at their deepest point measured from the natural
ground surface;
(ii) For excavations equal to or exceeding two (2') feet but less than six
(6') feet in vertical depth, at their highest point measured from the
natural ground surface;
(iii) For excavations or fills, or any combination thereof, equal to or
exceeding fifty (50) cubic yards, but less than two hundred fifty (250)
cubic yards;
(iv) For excavations or fills, or any combination thereof, equal to or
exceeding an area of one thousand (1,000) square feet, but less than
three thousand(3,000) square feet;
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(3) The construction of any structure, or any addition to a structure, which
equals or exceeds six (6') feet in height but is less than nineteen (19') feet
in height, or is less than two hundred fifty (250) square feet of floor area
with a height in excess of nineteen (19') feet, provided that where a
second story is to be added to a structure which presently does not include
a second story, the site development review shall be processed pursuant to
subsection(c)below;
(4) The construction of any structure, combination of structures, or additions
to structures which equal or exceed one thousand (1,000) square feet of
development area, but are less than three thousand (3,000) square feet of
development area;
(5) The construction of any structure, combination of structures, or additions
to structures which equal or exceed one hundred fifty (150) square feet of
floor area, but are less than nine hundred (900) square feet of floor area;
(6) The enlargement of an existing private vehicular access or driveway which
does not result in a new or relocated access point to a public or private
road;
(7) The construction or installation of any dish antenna less than twelve (12')
feet in diameter.
(8) The construction, placement or installation of any structure supporting
photovoltaic power generation facilities that is less then six (6) feet in
height and less then nine hundred (900) squire feet in development area.
(9) The construction, placement or installation of photovoltaic power
generation facilities on an existing structure that are less then eighteen
(18) inches higher then the existing facility.
(10) The construction of a secondary dwelling unit.
(b) Administrative review with notice and hearing. The Planning Director shall,
after notice and public hearing pursuant to Section 10-2.1305(b), review and act on site
development applications for the following activities:
(1) Grading:
i. For fills equal to or exceeding four (4') feet but less than ten (10')
feet in vertical depth, at their deepest point measured from the
natural ground surface;
ii. For excavations equal to or exceeding six (6') feet but less than
thirteen (13') feet in vertical depth, at their highest point
measured from the natural ground surface;
iii. For excavations or fills, or any combination thereof, equal to or
exceeding two hundred fifty (250) cubic yards, but less than one
thousand (1,000) cubic yards;
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iv. For excavations or fills, or any combination thereof, equal to or
exceeding an area of three thousand (3,000) square feet, but less
than ten thousand(10,000) square feet;
(2) Construction of any structure, combination of structures, or additions to
structures which equal or exceed two hundred fifty (250) square feet of
floor area with a height in excess of nineteen (19') feet, but are less than
five hundred (500) square feet of floor area in excess of nineteen (19') feet
in height, provided that where a second story is to be added to a structure
which presently does not include a second story, the site development
review shall be processed pursuant to subsection(c) below;
(3) Construction of any structure, combination of structures, or additions to
structures which equal or exceed three thousand (3,000) square feet of
development area, but are less than seven thousand five hundred (7,500)
square feet of development area;
(4) The construction of any structure, combination of structures, or additions
to structures which equal or exceed nine hundred (900) square feet of floor
area, but are less than one thousand five hundred (1,500) square feet of
floor area;
(5) The construction of a private vehicular access or driveway which results in
a new or relocated access point to a public or private road;
(6) The construction or installation of any antenna equal to or greater than
forty (40') feet in height but less than sixty-three (63') feet in height;
(7) The construction or installation of any dish antenna equal to or greater
than twelve (12') feet in diameter;
(8) The construction of any tennis court, sports court, or swimming pool;
(9) Landscape plans when required by Planning Commission action; or
(10) Any other proposal deemed appropriate by the Planning Director for a
noticed hearing conducted by the Planning Director.
(c) Planning Commission review. The Planning Commission shall review and act
on site development applications for the following activities:
(1) The construction of a principal residence;
(2) Grading:
(i) For fills equal to or exceeding ten (10') feet in vertical depth, at their
deepest point measured from the natural ground surface;
(ii) For excavations equal to or exceeding thirteen (13') feet in vertical
depth, at their highest point measured from the natural ground surface;
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(iii) For excavations or fills, or any combination thereof, equal to or
exceeding one thousand(1,000) cubic yards;
(iv) For excavations or fills, or any combination thereof, equal to or
exceeding an area of ten thousand (10,000) square feet;
(v) For tennis court grading where the maximum cut plus the maximum fill
depths would exceed eight(8') feet;
(3) The construction of any structure, combination of structures, or additions
to structures which equal or exceed five hundred (500) square feet of floor
area with a height in excess of nineteen (19') feet, or construction of any
second story addition to a structure which does not presently include a
second story;
(4) The construction of any structure or combination of structures which equal
or exceed seven thousand five hundred (7,500) square feet of development
area;
(5) The construction of any structure, combination of structures, or additions
to structures which equal or exceed one thousand five hundred (1,500)
square feet of floor area;
(6) The construction or installation of any antenna equal to or greater than
sixty-three (63') feet in height;
(7) Any other proposal which exceeds the thresholds set out in subsections (a)
and (b); or
(8) Any other proposal referred to the Planning Commission by the Planning
Director.
(d) Exceptions. A site development permit shall not be required for the following:
(1) Any activity which is below the thresholds prescribed in Section 10-2.301(a);
(2) Excavations below the finished grade for septic tanks and drain fields, tanks,
vaults, tunnels, equipment basements, cellars, or footings of buildings or other
structures for which a building permit has been issued by the Town;
(3) The excavation or removal of vegetation in a public utility easement by public
utility companies for the purpose of installing underground utilities;
(4) Routine maintenance of roads and driveways;
(5) Improvements constructed pursuant to improvement plans approved by the
Town as required by approval of a tentative subdivision map;
(6) Emergency work required by the City Engineer to mitigate or avoid a threat to
the health, safety, or welfare of the community.
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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; 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: February 12, 2009
PASSED: February 26, 2009
AYES: Mayor Jean Mordo, Mayor Pro Tem Dean Warshawsky, Councilmember Breene Kerr,
Councilmember Rich Larsen and Councilmember Ginger Summit
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Jean Mordo, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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