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HomeMy WebLinkAbout553 ORDINANCE 553 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 10-1.202 OF THE MUNICIPAL CODE WITH REGARD TO THE DEFINITION OF FLOOR AREA WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to amend the Municipal Code with regard the definition of floor area: NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Sections 10-1.202 of Article 2 (Designated) 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: Accessory use or accessory structure means a subordinate use or subordinate structure customarily incident to and located on the same lot or parcel with the primary use. Agriculture means and includes animal husbandry, livestock farming, flower growing, crop and tree farming, and viticulture. Alteration, as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. Antenna means any device used to transmit and/or receive electromagnetic waves. Area, Gross. "Gross area"means the total area included within the boundaries of any parcel or lot of land, which boundaries are specified in the deed to the property. Area,Net. "Net area"means the gross area of any parcel or lot of land, less panhandles and all public and private easements for vehicular access within the parcel or lot, excluding easements primarily for emergency access.Notwithstanding the foregoing, for purposes of determining lot unit factor (LUF), net area shall only exclude the paved portions of panhandles and the paved portions of all public and private easements for vehicular access. Average slope of a lot or parcel shall be defined by the formula: S = .00230IL A where: (i) S is the average slope in percent; (ii) I is the contour interval in feet; (iii) L is the combined length of contour lines in scale feet within the net area; and (iv) A is the net area of the parcel or lot in acres. Ordinance No.553 Page I The topographic base map to be used shall meet the requirements for tentative subdivision maps as set forth in Section 9-1.603(g). Under certain special circumstances, as approved by the Town Planner, measurements along contours may be made at contour intervals of ten(10) feet. Any portion or portions of a parcel or lot which have an average natural slope greater than fifty- five (55)percent may, as an option to the applicant,be assigned an average slope of fifty-five (55)percent for the purposes of computing the average slope of the entire parcel or lot,provided however,that the excluded area shall not have an average slope exceeding one hundred(100) percent. Basement means a floor level, or portions thereof, which has: (a) All portions directly below a building; and (b) The finished floor elevation of the building level above shall not be greater than twenty-eight(28) inches above the adjoining natural or finished grade, whichever is lower; and (c) At least seventy-five (75) percent of its perimeter length wholly underground; and Daylighted basements shall comply with all height and setback requirements of this title. Basements, including cellars and bunkers, which are not located within the footprint of the building above, may be permitted by the Planning Commission when it finds that such structures do not encroach in setbacks, are a minimum of eighteen (18) inches below natural grade, are wholly underground except for required exiting, lighting and ventilation and are counted as development area except when placed under a surface already counted as development area. Bunker area exceeding one thousand five hundred (1,500) square feet shall be counted as floor area. Daylight Basement Structure Height Setback. For basement floor levels, any floor area portion and the first twenty(20) feet of a daylighted basement shall be limited in structure height per Section 10-1.504. Building means a structure with a minimum structure height of six (6) feet having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Building line means the line along which the vertical surface of a building intersects the ground. Building permit means a permit issued by the Town for construction, erection, or alteration of a structure or building. Club, recreational. "Recreational club"means a club or recreational facility operated by a nonprofit organization. Certify or certification means that the specific inspections and tests have been performed where required and that such tests comply with the applicable requirements of this chapter. Convent means a residence facility for participants in a religious order or organization; provided, however, no money or other consideration shall be required to be paid by the residents to the proprietor. Development area on any lot or parcel means that area which is described in Section 10-1.502(b) of this article. Dish antenna means any antenna, external to or attached to the exterior of any building or structure, which is parabolic or semi-circular in cross-section. Ordinance No.553 Page 2 Driveway means a private way or route for use by vehicular traffic leading from a parking area, house, garage, or other structure to a public or private right-of-way, and serving no more than two (2)parcels or lots. Dwelling,primary. "Primary dwelling"means a building designated and/or customarily used as a residence by not more than one family and situated on a parcel or lot on which no other primary dwelling is located. Dwelling, secondary. "Secondary dwelling" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A secondary dwelling shall include facilities for living, sleeping, eating, cooking, and sanitation, and be located on the same parcel under the same ownership as a primary dwelling. Engineering Geologist means a geologist licensed and certified as an Engineering Geologist by the State of California. Family means one person living alone, or two (2) or more persons all related to each other by blood,marriage, or legal adoption, together with necessary domestic employees, or a group not exceeding four(4)persons living as a single household unit. Fence means a constructed barrier or screen composed of wood, metal, masonry, glass,plastic or any other construction material (not including graded berms or living hedges). Firebreak means any area of land from which vegetation has been removed or cut for the purposes of fire protection. Floor area means the gross horizontal area of the several floors of all buildings, including garage space and carport space (if the carport space was approved after March 9, 2002), measured to the outside of exterior walls. Floor area is counted twice when the vertical distance between the upper surface of the floor and the underside of the roof directly above it is greater than seventeen (17) feet, except when counted floor area occupies the intervening space. Stairwells shall only be counted as floor area once. Stairwells shall only be counted as floor area once. That portion of an attic is considered floor area when the distance between the upper surface of the attic floor and the underside of the roof above it is more than seven(7) feet in height. For the purposes of this definition, all attic spaces are considered to have floor surfaces. Area meeting the definition of a basement is exempted from floor area. Frontage means all property abutting one side of a road. Garage, private. "Private garage"means a building or an accessory to a main building providing for the storage of automobiles. Grading means to bring an existing surface to a designed form by excavating, filling, or smoothing operations. Grid means the electrical distribution and transmission system in Los Altos Hills. Habitable floor area means floor area, as defined in this section, which includes provisions for space heating, with floor to ceiling heights in excess of seven(7) feet, and is intended for living purposes for human occupancy. "Habitable floor area" shall include,but is not limited to, bedrooms, bathrooms, kitchens, living, family, and dining rooms, office/study areas, game .rooms, poolhouses, or similar use areas, as well as entry foyers, hallways, stairs, etc., which connect such areas. Floor area clearly intended for garage or storage use,barns or stables Ordinance No.553 Page 3 (excluding any habitable portion of the building), and basements and attics with floor to ceiling heights of less than seven (7) feet are not considered"habitable." Height, structure. "Structure height"means the vertical distance at any point from (1)the natural grade which existed prior to grading for the proposed structure, (2) existing grade indicated on an approved grading plan, if different than the natural grade, or (3)the proposed building pad if excavated below natural grade, whichever elevation is lowest, to the highest part of the structure directly above. Home occupation means an occupation carried on by the resident of a dwelling as a secondary use of the premises. House trailer means any vehicle or structure designed and constructed in such a manner as will permit the occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business,profession, occupation, or trade, or any use, as selling or advertising, devised and so designed that the vehicle or structure is or may be mounted on wheels and used on highways conveyed or drawn by its own or other motive power. Landscape architect means a person who holds a certificate issued by the State of California to practice landscape architecture. Lot means a portion of land shown as a unit on a recorded parcel or subdivision map. Lot, corner. "Corner lot"means a lot abutting on two (2) or more intersecting roads. Lot unit factor(LUF) means the number obtained by dividing the net area in acres of the subject parcel or lot of land by the minimum average lot size that would be required for a parcel of average slope equal to that of the subject parcel, as determined by the following formula: (a) For lots or parcels where the average slope is less than ten(10)percent, the LUF is equal to the net area of the lot or parcel. (b) For lots or parcels with average slopes between ten (10) percent and fifty-five (55)percent, then: LUF=An [1-.02143(5-10)] where: (i) An=net area of the parcel or lot; (ii) S = average slope of the net area of the parcel or lot in percent. Natural grade means the existing ground surfaces currently found on the site but shall not include illegal or unapproved grading, cut or fill. Panhandle means the portion of a lot which connects the buildable section of the lot to a public orrivate vehicular right-of-way. p g Parcel means all contiguous land held in one ownership as indicated in the records of the County Recorder, which is not shown as a lot or unit on a recorded parcel or subdivision map. Pathway means designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan of the Town. Permittee means any person to whom a site development permit has been issued. Ordinance No.553 Page 4 Person means any person, firm, or corporation,public or private,the State and its agencies or political subdivisions,the United States of America and its agencies and instrumentalities, and any agent, servant, officer, or employee of any of them. Photovoltaic power generation facility means a facility that converts sunlight into electricity through the utilization of semiconductor cells. Removal means the cutting to the ground of vegetation, including trees and plants, as well as complete extraction or killing by spraying. Road,public. "Public road"means a road which has been dedicated or deeded to the public for public use and which road may or may not have been accepted for maintenance. School,private. Distinct from a public school, "private school"means a kindergarten school, elementary school, secondary school (middle and/or high school)that is not funded at public expense and is privately controlled and administered. School, public. "Public school"means a kindergarten school, elementary school, secondary school (middle and/or high school),technical school, community college, state college, state university or charter school that is funded at public expense and is controlled and administered by a public agency. Setback line means a line established by the provisions of this chapter to govern the placement of structures with respect to right-of-way lines or property lines. Site means a single lot or parcel of land, or a contiguous combination thereof, where site development work is performed. Site development means the altering of terrain and/or vegetation by grading or construction of any kind. Site development authority means the Planning Director or the Planning Commission. Site development permit means the approved plans which bear the stamp of approval of the Planning Director or Planning Commission. Solar thermal energy facility means a facility that converts radiant energy from the sun into useful thermal energy including heated water. Stable means a building used for housing hoofed animals. Structure means anything such as buildings, decks, swimming pools,tennis courts, and patios, requiring construction or erection on the ground. Structure, nonconforming. "Nonconforming structure"means a structure, or a portion thereof, which no longer conforms to the site area, coverage, setback or other open space, height, or other regulations prescribing physical development standards for the district in which such structure is located. Tilling means the cultivating or plowing of soil not to exceed twelve (12) inches in depth from the existing grade. Trailer coach means a motor vehicle or trailer, specifically designed or altered, and equipped for human habitation, including water and waste-water facilities, which is not designed to be placed on a permanent foundation, but is designed to be driven under its own power or towed by a motor vehicle from location to location. Ordinance No.553 Page 5 Use means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. Use, nonconforming. "Nonconforming use"means a building or land occupied by a use which does not conform to the regulations for the district in which such building or land is situated. Walkways mean a discrete surface not more than four (4) feet in width constructed of paving, asphalt, masonry, or flagstone, used for the purpose of connecting one point to another to provide access. Wall means a constructed barrier or screen composed of wood, metal, masonry, glass, plastic or any other construction material (not including graded berms or living hedges). Zoning Administrator means an official designated by the City Manager to enforce the provisions of this chapter. (§ 1, Ord. 305, eff. October 3, 1986; § 1., Ord. 313, eff. June 5, 1987; § 1, Ord. 314, eff. November 6, 1987; § 1, Ord. 327, eff. December 1.0, 1989; § 1, Ord. 329, eff. October 20, 1989; § 1, Ord. 334, eff. July 20, 1990; § 1, Ord. 369, eff. April 15, 1994; § 1, Ord. 370, eff. May 20, 1994; § 3, Ord. 381, eff. April 19, 1986; § 1, Ord. 384, eff. October 18, 1996; § 1, Ord. 413, eff. July 21, 2001; § 1, Ord. 425, eff. March 6, 2003; § 2, Ord. 437, eff. December 18, 2004; § 1, Ord. 446, eff. June 11, 2006; § 1, Ord. 449, eff. August 1, 2006; § 1, Ord. 531, eff. November 20, 2011) 2. ENVIRONMENTAL REVIEW This action is exempt from the California Environmental Quality Act(CEQA) pursuant to Section 15061 (b) (3). 3. 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. 4. EFFECTIVE DATE AND PUBLICATION. 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: September 11, 2014 PASSED: October 16, 2014 AYES: Mayor Radford, Vice Mayor Corrigan, Councilmember Harpootlian Councilmember Larsen, Councilmember Waldeck NOES: None ABSTENTIONS: None ABSENT: None Ordinance No.553 Page 6 BY ayor ATTEST: City Clerk APPROVED AS TO FORM: - � - City Attorney Ordinance No.553 Page 7