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HomeMy WebLinkAbout372 ORDINANCE .NO. 372 AN ORDINANCE OF • THE TOWN OF LOS ALTOS HILLS REGARDING ZONING AND SITE DEVELOPMENT PROCEDURES WHEREAS, the City Councilmembers and public need more s ecific. information from the Planning Commission before making decisions as to whether. to appeal Planning Commission decisions; and WHEREAS, that specific information is contained in Planning Commission minutes which take some time to prepare; and WHEREAS, the City Council wishes to amend the Zoning and Site Development procedures so that all use permits applications are heard by the City Council after a Planning Commission recommendation; and WHEREAS, the City Council wishes to amend the Zoning procedures to allow more time for appeals of Planning Commission decisions; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: • Section 1. Amendment of Code. Section 10-1. 1106 of the Los Altos Hills Municipal Code is hereby amended to read: Sec. 10-1. 1106. Action of the Planning Commission. Upon the approval or conditional approval of an appeal or application for a. conditional development permit or variance, or upon recommendation to the Council of any action on an applica- tion for a conditional use permit, the Planning Commission shall' transmit a record of its action to the Council. the transmittal shall state .the full record of the findings made and shall be filed in the office of the City Clerk by appropriate reference. A ruling shall be requested from the City Attorney before any determination involving an unusual question of law is made or from the City Engineer in the event of 'an unusual question of engineering, and such ruling shall be filed with the application. Section 2. Amendment of Code. Section 10-1. 1107 (1) of the Los Altos Hills Municipal Code is hereby amended to read: Sec. 10-1.1107 (1) . Conditional use permits: Approval; conditions. • PPI • Conditional use permits may be granted only when facts are established which support the findings required by the provisions of this section. (a) Findings. Conditional use permits shall be granted by the City Council only when it is found that: (1) The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity; (2) The site for the proposed ,use is adequate in size. and shape to accommodate the proposed use and all yards, open spaces,- walls and fences, parking, loading, landscaping,and such other features as may be required by this chapter or, will be needed to assure that the- proposed use will be reasonably compatible with land uses normally permitted in the surrounding area; (3) The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and (4) The proposed use will not adversely affect the abutting property or the permitted use thereof: • (b) Conditions. Every conditional use permit granted may be subject to such conditions as are deemed necessary to protect ,the public health', safety and. general welfare and secure the objectives of the General Plan and this chapter. Section 3. - Amendment of Code. Section 10-1.1108 of the Los Altos Hills Municipal Code .is hereby amended to read: Section 10-1.1108. Effective dates of actions of the Planning Commission. Actions of the Planning Commission with regard to variances, conditional development permits and -appeals from administrative officials shall become final on the 23rd 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 11th. day following the action unless an. appeal is filed in accordance with Section 10-1. 1109 . - 2 - Section 4. Amendment of Code. • Section 10-1. 1109 of the Los Altos Hills Municipal Code is hereby amended to read: . section 10-1.1109. Appeals from decisions of the Planning Commission and Staff Committee. Any interested party may appeal a decision of the Staff Committeeto 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 Council member 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 10-1. 1105. Section 5. Amendment of Code. Section 10-1. 1110 of the Los Altos Hills Municipal Code is hereby amended to read: Section 10-1.1110. Council review of actions. within twenty-one (21) days of the Planning- Commission's approval of a variance, conditional development permit, or ruling . pursuant to Section 10-1. 1102, the City Clerk shall note such an approval on the 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-one (21) 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. Section 6. Amendment of Code. Section 10-1. 1110 (i) is hereby added to the Los Altos Hills Municipal Code to read: Section 10-1. 1110 (1) Council action on conditional use permits. 3 - i The Council shall set a public hearing, in accordance • with Section 10-1. 1105, on an application for a conditional use permit, at its first or second regularly scheduled meeting after the Planning .Commission makes its recommenda- tion on the use permit application. Section 7. Amendment of .Code. Section 10-2 . 1313 of the Los Altos Hills Municipal Code is hereby amended to read: Section 10-2.1313.. Effective date; appeals. (a) Effective date. Actions of -the- Zoning -Administrator and Site. Development Committee with regard to zoning permits and site development permits shall become final on the 11th day following the action, unless an appeal is filed in accordance with the provisions set forth below. Actions of the Planning Commission with regard to zoning permits and site development permits shall become final on the 23rd 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. 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 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 Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1. 1105. (c) Council review of actions. Within twenty-one (21) days of the Planning Commission's approval of a site development permit for a new residence, secondary dwelling, major remodel of either, the City 'Clerk shall note such an approval on the 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 by noting so on the record. If the Council does not meet within twenty-one (21) days of the Planning Commission decision, the City Clerk shall give written notice of the approval 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, the Council shall set the matter for public hearing in accordance with the provisions of Section 10-1. 1105. 4 - (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 8. Environmenta-1 Review. This project is exempt the California Environmental Quality Act. Section 9. severability. If an art of this ordinance is held to be invalid or in- applicable P a licable to an situation pp y 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 10. 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. 6, 1994 PASSED: July .20, 1994 AYES: Mayor Dauber and Counci]members Hubbard, Johnson, Siegel and Tryon NOES: None ABSTENTIONS: None ABSENT: None By: Mayor ATTEST: City C1 rk AP ROVED AS TO FORM: ,City Attorney ; PB\MAS\19490NJ.002 07/08/94 5 -