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HomeMy WebLinkAboutItem 3.33 _�3 TOWN OF LOS ALTOS HILLS October 14, 2004 Staff Report to the Planning Commission RE: AMENDMENT TO THE TOWN OF LOS ALTOS HILLS ZONING ORDINANCE TITLE 10, CHAPTER 1, ARTICLE 2 "DEFINITIONS" AND TITLE 10, CHAPTER 1, ARTICLE 7 "RESIDENTIAL -AGRICULTURAL DISTRICT (R -A)" FROM: Carl Cahill, Planning DirectorC 0 - RECOMMENDATION That the Planning Commission: Recommend that the City Council approve the proposed amendments to the Town Zoning Ordinance. BACKGROUND On August 19, 2004, The City Council reviewed the proposed amendments to the Town Zoning Ordinance with regard to definitions for "public school' and "private school," as referenced in Zoning Ordinance sections 10-1.703(f),(g), and directed staff to present the proposed amendments to the Planning Commission for its review and recommendation. The City Council further directed staff to amend the Zoning Ordinance to correct inconsistencies with the General Plan. DISCUSSION Zoning Ordinance Definitions In order to distinguish a public school from a private school, the following text amendments to the Zoning Ordinance are proposed: Title 10, Chapter 1, Article 2 "Definitions", a new Section 10-1.241(b) to read as follows: See 10-1.241(b) School, Public. 'Public School' means a primary, grammar, high school or college level institution maintained by the local government at public expense, under public supervision and direction. The public school system includes all kindergarten schools, elementary schools, secondary schools, technical schools, community colleges and state colleges and universities, established in accordance with law. Charter schools are also considered a public school. **Note: In accordance with the above definition of "Public School," the following facilities are considered a "public school: Special Education School, County Community School, Youth Authority Facility, Opportunity School, Juvenile Court School, Other County -Wide Programs, Elementary School, Intermediate/Middle School, Alternative School, Charter School, Junior High School, K-12 School, High School, Continuation High School, Community Day School, State Special School, Adult Education Center, Community Colleges and State Universities. The Public Education Committee may present testimony and recommendations with regard to possible modifications to the above definitions at the Planning Commission meeting. Any definition of a public school that precludes certain school types that are otherwise recognized to be public schools by State or Federal Statute may be preempted by such statutes. Title 10, Chapter 1, Article 2 "Definitions", a new Section 10-1.241(a) to read as follows: Sec. 10-1.241(a) School, Private. Distinctfrom a Public School, "Private School" means a primary, grammar, high school, or college level institution that is established and controlled privately and supported by endowment or tuition. A private school may be a non-sectarian entity (non-public school), or a secular organization associated with a church, religious group or sect. The above definitions for public and private schools were compiled by the City Attorney's office after researching definitions found in Title IX (Federal statute found at 20 U.S.C. Sections 1681-1688) and the regulations thereunder), the State Constitution and the State Education Code. Zoning Ordinance Consistency with General Plan Under California law, zoning ordinances must be consistent with the general plan and any applicable specific plan (Cal. Govt. Code § 65860(a)). The City Attorney's office believes that the Town's Zoning Ordinance is inconsistent with the General Plan. The General Plan Land Use Diagram designates certain locations in Town for institutional and residential uses. The Zoning Ordinance implies that institutional uses could be located anywhere in Town subject to the approval of the Planning Commission and issuance of conditional use permit. In order to ensure that the Zoning Ordinance is consistent with the General Plan, the following text amendments are recommended: Title 10, Chapter 1, Article 7 "Residential -Agricultural District (R -Ay', Section 10-1.703(f) is proposed to read as follows: Public Schools (where designated on the General Plan Land Use Diagram); The Zoning Ordinance currently requires that public schools obtain a conditional use permit. However, State law allows school districts to exempt themselves from local zoning ordinances subject to a 2/3 affirmative vote of the district. Title 10, Chapter 1, Article 7 "Residential -Agricultural District (R -A)", Section 10-1.703(g) is proposed to read as follows: Private Schools (where designated on the General Plan Land Use Diagram); Staff also reviewed the possibility of establishing a separate zone district for institutional uses. However, a review of the General Plan indicates that institutional uses and structures are expected to conform to residential development standards and be the minimum number necessary to serve the community. As a matter of practice, the Town has consistently applied residential development standards to previously approved institutional projects including the new Town Hali. CEOA REVIEW The proposed amendments to the Zoning Ordinance have been determined to be exempt from CEQA. This activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendment to Title 10, Chapter 1, Article 2 "Definitions" merely defines certain land uses that are already conditionally allowed on certain properties where designated by the General Plan Diagram. The proposed amendment to Title 10, Chapter 1, Article 7 `Residential -Agricultural District (R -A)" is intended to remedy an inconsistency between the Town Zoning Ordinance and General Plan. No new land use, land development or expansion of existing development is proposed. ATTACHMENTS 1. Title 10, Chapter 1, Article 2 "Definitions" as amended. 2. Title 10, Chapter 1, Article 7 "Residential -Agricultural District (R -A)" as amended. ATTACHMENT I Title 10, Chapter 1, Article 2 "Definitions" as amended. Sec. 10-1.241(a) School, Private. Distinct from a Public School, "Private School" means a primary, grammar, high school, or college level institution that is established and controlled privately and supported by endowment or tuition. A private school may be a non-sectarian entity (non-public school), or a secular organization associated with a church, religious group or sect. Sec. 10-1.241(b) School, Public. "Public School" means a primary, grammar, high school or college level institution maintained by the local government at public expense, under public supervision and direction. The public school system includes all kindergarten schools, elementary schools, secondary schools, technical schools, community colleges and state colleges and universities, established in accordance with law. Charter schools are also considered a public school. ATTACHMENT ,� Proposed Text Amendments are in bold type and italics. Sec. 10-1.703. Conditional uses and structures (R -A). The following uses may be established in the Residential -Agricultural District subject to the approval of the Planning Commission, and the issuance of a permit thereof pursuant to the provisions of this chapter: (a) Public libraries; (b) Churches, other places of worship, and convents, but not including funeral chapels or mortuary chapels. The number of residents of a convent shall not exceed three and five - tenths (3.5) times the estimated maximum number of lots permitted by the provisions of this chapter on such property as is devoted exclusively to convent use; (c) House trailers or other vehicles may not be used as primary or secondary dwellings. A temporary permit for the use of a house trailer as a dwelling for not more than thirty (30) days in any calendar year may be issued by the City Clerk upon certification that the use pursuant thereto shall be by a bona fide nonpaying guest, but in all events applicable setback requirements shall be strictly enforced; (d) Recreational facilities, including recreational or community center buildings and grounds for games and sports, except those customarily Gamed on primarily for profit; (e) Large family day care homes. Large family day care homes which provide cue, protection and supervision of seven (7) to twelve (12) children, inclusive, (including children under the age of ten (10) years who reside at the home) in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, pursuant to State regulations, shall be granted a conditional use permit under the following circumstances and procedure: (1) Only one (1) large family day care home may be located on a parcel; (2) The Zoning Administrator shall review and decide the application for a use permit; (3) Not less than ten (10) days prior to the date on which the decision will be made on the application, the Zoning Administrator shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100') foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application shall be held before a decision is made, unless a hearing is requested by the applicant or other affected person; (4) The use permit shall be granted on reasonable conditions regarding traffic, parking and noise control and on the condition that the home comply with the regulations adopted by the State Fire Marshal relating to large family day care homes; (5) The applicant or other affected person may appeal the decision of the Zoning Administrator in accordance with this Chapter 1. (f) Public schools (where designated on the General Plan Land Use Diagram); (g) Private schools (where designated on the General Plan Land Use Diagram); (h) Public utility and service uses: (1) No conditional use permit or building permit shall be required for any public utility distribution or transmission line, provided, however, the proposed routes of all electrical distribution lines carrying current in excess of fifteen (15) kilovolts and the location of public utility structures requiring rights-of-way of thirty (30') feet or more in width shall be submitted to the Planning Commission for approval prior to the acquisition of rights-of- way therefor, and any construction thereon shall not be commenced until such approval shall have been received; and (2) Service uses are those uses which are determined by the Council to be beneficial to the provision of emergency or public safety services (including but not limited to communications facilities, storage of vehicular and other equipment, materials and supplies for emergency use in protective work, the restoration of public facilities, and/or debris and wreckage clearance). (i) Fire stations; O Police stations; (k) Town facilities; (1) Commercial stables in compliance with the provisions of Chapter 1 of Title 6 of this Code and when deemed appropriate by the Planning Commission to meet the needs of the residents of the Town for stabling facilities. (m) Use of a single family residence building and accessory structures by a California nonprofit public benefit corporation qualified for exemption from federal income tax under Section 501(C)(3) of the Internal Revenue Code for meetings and overnight accommodations relating to the charitable activities of the corporation; provided that (1) The site (single parcel or combination of contiguous parcels) comprises a minimum of twenty-five (25) acres; and (2) A minimum of seventy-five (75%) percent of the site is secured to remain as open space and/or conservation areas for the period of time and in accordance with the terms and conditions of the conditional use permit issued in respect to such use. (§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 314, eff. November 6,1987; § 4, Ord. 329, eff. October 20, 1989; § 2, Ord. 358, eff. December 4, 1993; § 4, Ord. 382, eff. May 17, 1996; § 1, Ord. 406, eff. February 5, 2000)