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HomeMy WebLinkAbout551 WHEREAS, the Town's General Plan, Open Space and Recreation Element Goal 2, policy 2.4 states that the private sector shall be encouraged to supply specialized recreation facilities that are not deemed a Town responsibility; and WHEREAS, properties with the General Plan designation of RA-PR provide important recreation facilities for the community; and WHEREAS, the Planning Commission considered and recommended that the City Council adopt an ordinance amending the Zoning and Site Development Ordinance at its meeting of June 24, 2014; and NOW,THEREFORE,the City Council of the Town of Los Altos does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings: 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The record for these proceedings, upon which this ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 2100, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the Town of Los Altos Hills General Plan(2008); the Town of Los Altos Hills Municipal Code; the Initial Study and Mitigated Negative Declaration prepared for the proposed application, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on June 24, 2014; and all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on August 21, 2014; and any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2). 3. The documents and other material constituting the record for these proceedings are located and available for review at Town Hall, 26379 Fremont Road, Los Altos Hills, CA. 4. The proposed Zoning and Site Development Ordinance amendments are consistent with the adopted General Plan because the Open Space and Recreation Element Goal 2, policy 2.4 states that the private sector shall be encouraged to supply specialized recreation facilities that are not deemed a Town responsibility and because the Open Space and Recreation Element Goal 2, policy 2.7 states, "Park and recreation areas shall be utilized, and uses controlled, so as to not adversely affect the surrounding residential areas." None of the amendments will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. Ordinance 551 Page 2 SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the Los Altos Hills Municipal Code to read as follows. Sections and subsections that are not amended by this ordinance are not included below, and shall remain in full force and effect. 1. AMENDMENT OF ZONING CHAPTER OF MUNICIPAL CODE. Section 10- 1.703 of Article 7 (Residential-Agricultural District (R-A)) 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: 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 (3 0) 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 earned on primarily for profit; (e) Large family day care homes. Large family day care homes which provide care, 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 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; Ordinance 551 Page 3 (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. (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. (n) The use of artificial lighting may be permitted for tennis courts on properties with a General Plan designation of Private Recreation Area(RA-PR). Lighting must be shielded so that the light source is not visible from off site and must be located no less than 120 feet from any property line. Ordinance 551 Page 4 2. AMENDMENT OF SITE DEVELOPMENT CHAPTER OF MUNICIPAL CODE. Sections 10-2.1002, 10-2.1004 and 10-2.1005 of Article 10 (Outdoor Lighting) 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: Article 10. Outdoor Lighting 10-2.1001 Purpose. The purposes of this article are: (1)to assure that outdoor lighting, both on the exterior of structures and along walkways, driveways, and landscape features, maintains the openness and quiet atmosphere of the Town and minimizes excessive use of energy; (2) to provide lighting for safety and adequate lighting for the enjoyment of outdoor use areas, such as around patios and pools; and(3)to prevent lighting which is intrusive and which imposes on the privacy and quiet enjoyment of neighboring properties. 10-2.1002 Recreation courts. No artificial lighting shall be permitted for tennis and other recreation courts, except as provided for in section 10-1.703(n). 10-2.1003 Swimming pools and spas. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions: (a) Lights are placed beneath the surface of the water in the pool or spa to illuminate the water. (b) Other exterior lights used to illuminate the surrounding area use the minimum number and wattage of lighting which will safely illuminate the area. (c) No direct light is cast beyond the immediate area of the pool or spa. 10-2.1004 High intensity lighting prohibited. High intensity discharge lighting, such as mercury vapor,high and low pressure sodium, and metal halide lighting, is prohibited, except as provided for in section 10-1.703(n). 10-2.1005 Outdoor lighting—General. Outdoor lighting should use the minimum number and wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from off-site. No more than two (2) lights shall be allowed in setback areas (as defined in Chapter 2 (Zoning) of the Town of Los Altos Hills Municipal Code). Additional lighting may be permitted where it is determined to be necessary to safely illuminate the area or as permitted by Section 10- 1.703(n). Ordinance 551 Page 5 SECTION III. 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. SECTION IV. PUBLICATION AND EFFECTIVE DATE This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: August 21, 2014 PASSED: October 16, 2014 AYES: Mayor Radford, Vice Mayor Corrigan, Councilmember Harpootlian Councilmember Larsen NOES: None ABSTENTIONS: Councilmember Waldeck ABSENT: None BY: ayor, John Radford ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2308660.1 Ordinance 551 Page 6