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HomeMy WebLinkAbout448 ORDINANCE NO. 448 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS 10-1.1108-1110, 10-2.1305,AND 10-2.1313 OF THE MUNICIPAL, CODE WITH REGARD TO EFFECTIVE DATE,APPEAL, AND COUNCIL REVIEW OF ACTIONS FOR ZONING AND SITE DEVELOPMENT PERMITS WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to reconcile discrepancies in the Zoning and Site Development Ordinances with regard to effective date, appeal period, and council review of actions for Zoning and Site Development permits. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Sections 10-1.1108 of Article 11 (Appeals, Variances, Conditional Use Permits, Conditional Development Permits and Amendments) 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: Sec. 10-1.1108. Effective dates; Appeals; Council review of actions. (a) Effective Date. Actions of the Planning Commission with regard to variances, conditional development permits and appeals form administrative officials shall become final on the twenty-third day following the action, unless an appeal is filed in accordance with Section 10-1.1109 or Section 10-1.1110. Actions of the Staff Committee with regard to variances shall become final on the eleventh day following the action unless an appeal is filed in accordance with Section 10-1.1109. (b)Appeals. 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. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the Council or any two (2) members of the Planning Commission may file such an appeal without 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 twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any Councilmember may file an appeal without payment of a fee. The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 1-10.1105. (c) Council review of actions. Within twenty-two (22) days of the Planning Commission's approval of a variance, conditional development permit, or ruling 1 of 3 agenda of a City Council meeting and the Council 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 twenty-two (22) 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. 2. AMENDMENT OF CODE. Section 10-2.1305.1 (Fast-Track Process), Article 13 (Administration and Enforcement) 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: Sec. 10-2.1305.1(b) (11) 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 later 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. (12) 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 a deposit for services shall accompany each appeal, except that any member of the Council or any two (2) members of the Planning Commission may file such an appeal without payment of a fee. The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 1-10.1105. (13) Effective date. If no appeal is made, the decision of the Planning Director shall become final on the twenty-third 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) below. 3. AMENDMENT OF CODE. Section 10-2.1313 (Effective Dates; Appeals), Article 13 (Administration and Enforcement) 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: Sec. 10-2.1313. Effective date; Appeals; Council Review of Actions. (b)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 ten (10) days of the Planning Director's decision. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the Council or any two (2) members of the Planning Commission may 2 of 3 file such an appeal without 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 twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each notice of appeal, except that any member of the Council may file such an appeal without payment of a fee. The Council or the Planning Commission, whichever is applicable, shall hold a public hearing in accordance with the provisions of Section 10.1.1105. 4. 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:May 11, 2 0 0 6 PASSED: May 25, 2006 AYES: Mayor Kerr, Mayor Pro Tem Warshawsky, Councilmember Jones, Councilmember Mordo and Councilmember O'Malley NOES: None ABSTENTIONS: None ABSENT: None BY: May ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 of 3