HomeMy WebLinkAbout4.3TOWN OF LOS ALTOS HILLS
Staff Report to the Planning Commission
ITEM 4.3
February 6, 2014
SUBJECT: ORDINANCE AMENDMENT TO TITLE 10, CHAPTER 1, ARTICLE 2
(DESIGNATED) OF THE LOS ALTOS HILLS MUNCIPAL CODE (TEXT
AMENDMENT,TO FLOOR AREA D FINITION); FILE #343-13-MISC
.FROM: Nicole Horvitz, Assistant Planner fix.
APPROVED: Debbie Pedro, AICP, Community Development Director
RECOMMENDATION: That the Planning Commission:
• Review the proposed text amendments to the definition of floor area in Section 10-1.202
(designated) of the Los Altos Hills Municipal Code; AND
• Forward a recommendation of approval to the City Council.
BACKGROUND
Recently, several designers/architects commented that the floor area definition in the Los Altos
Hills Municipal Code was resulting in design issues and requested the Planning Commission
provide clarification on the application of the code section. At their November 14, 2013 meeting; ...
the Commission discussed the floor area definition and unanimously agreed that the intent 'of the
code is to measure : the 17' height limit from the finished floor to the underside of the roof
structure as shown in the figure below.
The Commission then directed staff to clarify the existing ordinance by amending the language
as follows:
"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
Staff Report to the Planning Commission
Floor Area Definition
February 6, 2014
Page 2 of 2
7 eet. 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 offthe
attic floor and the underside of the roof above it is more than seven (7) feet in
-
-=---- - --- -- heigh-t.-F-or th-e-- u- rPo--se—s of--s-efan-i-on, -
-all-atticspaces are consideredto_have -
floor
surfaces. Area meeting the definition of a basement is exempted from floor
area ".
Additional information is from the November 14, 2013 commission meeting is included
in attachment 1.
PUBLIC COMMENTS
To date, staff has not received any comments from the public.
CEQA STATUS
The ordinance amendment is exempt from California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b) (3).
ATTACHMENTS
1. Staff report to the Planning Commission and minutes dated November 14, 2013
TOWN OF LOS ALTOS HILLS
Staff Report to the Planning Commission
ATTACHMENT 1 .
November 14, 2013 .
SUBJECT: DISCUSSION OF FLOOR AREA DEFINITION; FILE #343-13-MISC
FROM: Nicole Horvitz,. Assistant. Planner,%/�
APPROVED: Debbie Pedro, AICP, Community Development Director_�)Q
RECOMMENDATION: That the Planning Commission:
Review and provide clarification to staff for the definition of floor area in Section 10-1.202 of
the Los Altos Hills Municipal Code.
BACKGROUND
In 1-986 the definition of floor area per Los Altos Hills Municipal Code Section was def ned as:
"Floor area shall mean the gross horizontal area of the several floors. of all
buildings, including garage space, 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 upper surface- of the floor, or the. underside of the roof directly above
it, is jzreater than 17 feet. That portion of attics and similar areas are considered
Floor Area when the distance between the upper surface:of the attic floor and -the --
underside of the roof above it is 7 feet or more. For the purpose of this definition,
all -attic spaces are considered to have floor surfaces" (Ordinance 295, 1986)
In 2002 the code was amended to read:
"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 tipper surface of the floor or
the underside of the roof directly above it is greater than seventeen (17) _ eet.
Stairwells shall only be counted as floor area once. That portion of an attic is
considered floor area when the distance be the tipper 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". .
(Ordinance 418, 2002)
Many single story homes in Town have taller than average plate heights, and appear to be two
stories from the exterior, which adds to the bulk of a single story residence to almost the same as
a two story residence.
Staff Report to the Planning Commission
Floor Area Definition
November 14, 2013
Page 2 of 3
The intent of the current code section is: to reduce the bulk of a single story residence and count
over height areas (17' or greater) twice as if it was a two story residence. The examples below.
represent .a 2,000 square foot single story residence and a 4,000 square foot two story residence
with a 3' height difference and approximately the same bulk when viewed from the exterior.
2,000 sq ft Single story residence
with 17' plate height and 6' attic
4,000 sq ft two story residence
with 10' plate heights and 6' attic
Per Section 10-1.202 of the LAHMC, Staff has been applying the current code section as shown
in .the example_ below, to the underside of the roof structure.
2,000 sq ft single story residence
with 12' plate height and 6' attic
Recently, r several designers/architects have commented that this requirement is resulting in
design issues such as flat roofs and low plate heights for custom homes- and requests that the 17'
height be measured from the upper surface of the floor to the upper surface of the floor above as
in the 1986 ordinance.
Staff is requesting the Planning Commission consider and discuss whether an amendment the
ordinance is necessary.
• Floor area is counted twice when the vertical distance between the upper surface of the
floor and the upper surface of the -floor, or the underside of the roof directly above it, is
greater than 17 feet(per Ordinance 295)
Staff Report to the PlanningCommission
Floor Area Definition
November 14, 2013
Page 3 of 3
• Floor area is counted twice when the vertical distance between the upper surface of the
floor or the underside of the roof directly above it is greater than seventeen (17) feet
(Ordinance 418)
• Other suggestions
CEOA STATUS
The floor area definition clarification is exempt from California Environmental Quality Act
(CEQA) pursuant to Section 15061 (b) (3).
ATTACHMENTS
1. Los Altos Hills Municipal Code Section 10-1.202
2. Ordinances 295 and 418
10-1.202 Designated. Page 1 of 5
Los Altos Hills Municipal Code
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Tide 10 ZONING AND SITE DEVELOPMENT
Chapter 1 ZONING
Artide 2. Definitions
10-1.202 Designated.*
* CodeAlert: This topic has been affected by 544. To view amendments and newly added provisions, please
refer to the CodeAlert Ordinance List.
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 lotof 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:
where:
S = .0023011,
A
(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.
The topographic base map to be used shall meet the requirements for tentative subdivision maps as set forth in
Section 9-1.603(8). 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
10-1.202 Designated. - . Page 2 of 5
(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.
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
110-1.202 Designated.
Page 3 of 5
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 or the underside of
the roof directly above it is greater than seventeen (17) feet. 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 thepurposes 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,
withfloor to ceiling heights in excess of seven (7) feet, and is intended for living purposes for human.occupancy.
"Habitable floor area7 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
(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 lof' 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:
where:
LUF = An [1-.02143(S-10)]
(i) An = net area of the parcel or lot;
,10-1.202 Designated. Page 4 of 5
(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 or private
vehicular right -of. -way.
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. -
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 arid is controlled and administered by a public agency.
Setback line mea s 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
-ORDINANCE NO., 295
AN ORDINANCE OF THE.CITY.OF THE-TO71M OF LOS ALTOS HILLS'
ADOPTING:-AS--AN_U1iGENCy MATTER -THE -FIRST EXTENSION OF
'1.`PRP;NANCE:. NO--.` 2'92
19,85, the -'City Council `WHtREAS:i'6n' J&ivary.:40
nc .adopted..-. Ordinance
No. 192' -entitled:
.,:OAN.ORDI'19MCE'OF.'iHE''-CITY* OrTHE.."TOWN Or.. -Los.,. -ALTOS -HILLSr
....-ADOPTING AS :AN URGENCY-- =SURk:.INTEkM 20NING.,,.REGULATIONS
,AEOUlki-ild'- A'BPECM'L—AND;SEL,,3p
ERM%iZ,, -OR
FOR,-. CONSTRUCTION
CONVERSION- OF '$T-RUCTURES -EXCEEDING .'AT H'EIG-A . -
OF FIFTEEN
FEET IN, AN- R-rA RES IDENt-IAL-*4ALdkiCULT
URAL DISTRICT"
pursuant to the provisions of Section 65858.. of the Government Code
of California; and
WHEREAS; on March 11, 1985 and after noticepuisuant-t" '.
o Section
65090Vf the Government code, the City C
qundil conducted 'a public
hearing to determine whether to extend* Ord No.. 292 for . ten- . (10)
-months and fifteen '(lt) days,
NOW, -.THEREFORE, TH9. Ciirr COUNCIL OF THE CITY OF -THE TOWN OF LOS
ALTOS HILLS, County of. Santa Clara, State of California,'does ordain
as follows:
SECTION 1. 'FINDINGS.
The City Council finds:
(a). The study ordered to be made by the Planning lanning
Commission and the Planning Officer concerning
whether to amend the existing zoning and land
use regulations of the City of the Town of Los
Altos Hills and to adopt a comprehensive set
of new and -additional zoning and use regu-
lations, respectively, concerning the maximum
height'.of structures in the R -A Residential-
ORDINANCE NO. 305.
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING THE LOS
ALTOS HILLS MUNICIPAL CODE BY AMENDING THE.TEXT OF CHAPTER1 OF TITLE 10
OF THE LOS.ALTOS HILLS MUNICIPAL CODE ENTITLED ZONING LAW OF THE TOWN OF
LOS ALTOS HILLS" REGULATING THE USE OF.BUILDINGS, STRUCTURES AND LAND; THE .
LOCATION, HEIGHT, BULK, NUMBER OF STORIES OF BUILDINGS AND STRUCTURES; THE
SIZE AND USE OF LOTS, YARDS, COURTS AND OTHER OPEN SPACES; THE PERCENTAGE
OF A LOT WHICH MAY BE OCCUPIED BY A BUILDING OR STRUCTURE; INTENSITY OF
LAND USE; ESTABLISDHING REQUIREMENTS FOR OFF-STREET PARKING AND BUILDING
SETBACK LINES; AND PROVIDING FOR THE DIVISION OF THE TOWN INTO..ZONES; AND
AMENDING SECTION 9-1.604 OF CHAPTER 1 OF TITLE 9 OF THE LOS ALTOS HILLS
MUNICIPAL CODE ENTITLED "SUBDIVISIONS;" AND AMENDING SECTIONS 10=2,301,
10-2.1303'AND.10-2.1309 OF CHAPTER 2 OF TITLE 10 OF THE LOS ALTOS HILLS
MUNICIPAL CODE ENTITLED "SITE DEVELOPMENT;" AND REPEALING ORDINANCE NOS.
292, 295 AND 300.
The City Council of the City of the Town of Los Altos Hills DOES
ORDAIN as follows:
SECTION 1. AMENDMENT OF CODE.
Chapter 1 entitled "ZONING LAW OF THE TOWN OF LOS ALTOS HILLS" of
Title 10 of the Los Altos Hills Municipal Code hereby is amended to read
as follows:
TITLE.10 ZONING AND SITE DEVELOPMENT
CHAPTER 1. ZONING
Article 1. Titie.:Scope, Purposes and Interpretation
Sec. 10-1.101"Tttle
This chapter shall be known and may be cited, as- the.J!Zoning:Law of -,the
Town of Los Altos Hills.'
f
Seca 10-1302. - Scope.
The provtstons of tti,is chapter, are not: intended to, repeal:,.. abrogate, .
annul, or in any..way impair or interfere with -existing provisions of other
laws, or with private restrictions placed upon property by:coyenant,:.deed,
or other private:agreement, or with restrictive covenants running with the
land to which ihe-.Town. is.4..party.:•Where;the-Fprovtsi.ons of -this. chapter,
impose a greater restriction upon land., buildings, or structures; -than are
imposed or required by such existing provisions of laws, covenants,
f contracts, -or deeds, the provisions of this chapter>shall-controls;:`..
Sec. 10-1.103.Vur:.poses.
The.orovisions of this,chapter.are adopted to, protect and, -guide the
growth and expansion of the Town in art orderly manner, consistent with the
General Plan and-true.'to.-the rural residential character tf the community;
to provide for space deemed necessary to,advance the welfare of the public
in assuring adequate light, pure, -air, .-and safety ,from -conflagration and
disaster; .to .promote the smooth> flow .of traffic; to provide :adequate
residential..off-street.parking -facil::ities; :to .protect -the -community
against excessive storm" water, runoff. solVerosion, earth movement, and -
earthquake and other geologic, hazards; to minimize the silting of drains
and: drainage channels; to preserve and enhance them -,natural �,beauty. of the
community;.and to solve other conditions -arising from the concentration of
the popul-ation..
Sec. 10-1.104. Interpretation.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, -.safety, and..welfare.
Article 2. Definitions.
Sec. 10-1.201. Scope.
For the purposes of this chapter, unless otherwise apparent from the
context, certain words and phrases used in this chapter are defined as set
forth in this article.
2
Sec. 10-1.202. Accessory use or accessory structure.
142; ,[•, 1•.
"Accessory use" or "accessory structure" shall mean a subordinate use
or subordinate structure customarily incident to and located on the same
lot or parcel with the primary use.
Sec. 10-1.203. Agriculture.
"Agriculture" shall mean and include animal husbandry, livestock
farming, flower growing, crop and tree farming, and viticulture.
Sec. 10-1.204. Alteration.
"Alteration",
11
Alteration , as applied to a building or structure, shall mean a
change or rearrangement in the structural parts or in the existing favi-
lities,.or an enlargement, whether by extending on a side or by -.increasing
in height, or the moving from one location or position to another.
Sec. 10-1.204M.Antenna.
"Antenna" shall mean any device used to transmit and/or receive
electromagnetic waves.
Sec. 10 -1.205. -Area, gross.
"Gross area" shall mean the total area included within the boundaries
of any parcel or lot of land, -which boundaries are specified in the deed
to the property.
Sec. -10-1.206. Area, net.
"Net area" shall mean 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.
Sec. 10-1.207. Average Slope.
"Average Slope" of a lot or parcel shall be defined by the formula,
S - .00230IL
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
3
0
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, measure-
ments along contours may be made`at._contou"e intervals.of.ten 1 10) feet.
Any portion or portions of a parcel.or lot which have art average
natural slope greater than fifty-five (55�) percent may, a's.an option to
the applicant, bo.assigned.an average: slope;::of fifty=f-ive (55%). percent
for tha purposes Af.computing -the:,average elope of - the entire parcel or
lot, provided. owever,.that iM excluded area.shall not:have an average
slope exceeding 100%.
Sec. 10-1.208. Basement.
°Basemegt" sha11.:..mean_a space par.tlY wholly underground and having
more. ;than ane -half (:1/2) its height, inrasured; f.rom -its floor to its ceil-
ing, below the `average-adjoidirtg grade.
Sec. 10-1.209. Building.
'..Building" shall.•mean a• structures with a.. minimum.structure height of 6
-feet having a -roof -supported- by col,umns..or -wal-1 s. For the housing or
enclosure of persons,.- animals., or chattels.
Sec. 10-1.210. Building line.
"Bu:ildfng line"' shalI--mean..the, line along.which the,.vertical surface
of.a.:building intersects the ground.
Seca 10-1.211. Building Permit.
"Building Permit" shall mean a permit issued by the Town for construc-
tion, erection, or alteration of a.structure or building..
Sec. 10-1.212. Clubj recreational-..
"Recreational club" shall- mean a club or recreational facility
operated by a nonprofit organization...
Sec. 10-1.213. Certify: Certification.
"Certify "-or"Certification".;shall mean that the. specific inspections
and tests have been performed where required and that such tests. comply
with the applicable requirements of this Chapter.
-® Sec. 10-1.214. Convent.
"Convent" shall mean 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.
4
Sec. 10-1.215. Development area.
"Development area" on any lot or parcel shall mean that area which is
described in Section. 10-1.502(b.) of this Article.
Sec. 10-1.215(x). Dish Antenna.
"Dish Antenna" shall mean any antenna, external to or attached to the.
exterior of any building or structure, which is parabolic or semi -circular
in cross-section.
Sec. 10-1.216. Driveway.
"Driveway" shall mean 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 parcels or
lots. -
Sec. 10-1.217. Dwelling, primary.
"Primary dwelling" shall mean 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.
Sec.,.10-1.218. Dwelling, secondary.
"Secondary dwelling" shall mean an attached or detached living unit
intended for occupancy by caretakers or nonpaying guests or relatives of
the property owners, which living unit shall be erected or maintained -on
land in one ownership upon which land has been erected or maintained a
primary dwelling.
Sec. 10-1.219. Engineering Geologist.
"Engineering Geologist" shall mean a geologist licensed and certified
as an Engineering Geologist by the State of California.
Sec. 10-1.220. Family.
"Family" shall mean one person living alone, or two (2)'o.r 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.
Sec. 10-1.221. Fence.
"Fence" shall mean a constructed barrier or screen composed of wood,
metal, masonry, glass, plastic or any other construction material (not
including graded berms or living hedges).
5
Sec. 10-1.222. Firebreak.
"Firebreak' shall mean any area of land from which vegetation has bee.i
removed or cut for the purposes of fire protection.
Sec.:10-1.223..: Floor urea.
7166r.:area", shall mean the :geoss horizontal area of the semeral .
'floors'of all- buildings, including garage. space.,,-.:Masured'to.the-butilde
.of exterior walls. Floor:area is counted twice, when the vertical distance
between.'the .upper.-surface.o-f the'>`floor'and Ythe,,°upper surface"of the."floor,
orAhe underside"of*-.the-roof direCtly.-abovel-t is'1'.greater than 17 feet..,,
That-porti'dwdf attics --••and simili rl!-areas are tionsi.dered Floor Area when
the •distance!"between:,the upper --surface of:.the.-.the.floor:-and the vhder-
side-of-'Ahe•-roof .above it is -8° feet. .or more.,--- For�the`-purposes--6f this
definition,= all• .attic.!°,spaces,.are. considered to -have, floor, surfaces.'
`:.. When a retaining wall is incorporated into a:structure and earth .is
backfil.led against the retaining: wall, any -:Floor- Aret�wih ch 'is at least 6
feet,bel'ow•the backfill, when that distance is referenced from the exten'-
Sion' of. Contour -Ti nu -from the ground along -.the perimeter of the' struc=
ture, isnot-counted.
Sec. .10 -.1.224. -Frontage.' .-
`-'Frontage' thal.l mean all property abutting: one side 'of` a:road.
..Sec::225;: Garage, private.
:.'Private garage° shall. mean .a building or an„accessory to- _a.main
-'building~:providing for the storage of automobiles.,
f'•.
Sed. .10-1.,226. Grading.
."Grading": shal1. mean to� bring an existing- surface to a designed form
by:rexcavating, ng,-..smooth.ing; operations.
....-
Sec. 10-1:227:''Height; °Struct�ie�e.
'Structure height' shall -mean the vertical distance at any point from
-the natural .ground level which exi.q.ted prior•.:to.grading for any structure,
or from.the building pad if excaveted below natural ground level, which-
ever -elevation is lower,•to' the highest part of the structure 'directly
When a retaining wall is incorporated into a structure and earth is
backfilled against the retaining wall, the height of the structure shall
be referenced to the extension of contour'lines from. the ground along the
perimeter of the structure. In no case shall the extended contour lines
exceed the contour .11 nes established by the •natural ground level.
6.
Sec. 10-1.228. Home occupation.
"Home occupation" shall mean an occupation carried on by the resident
of a dwelling as a secondary use of the premises.
Sec. 10-1:229. House trailer.
logo .use trailer" shall mean any vehicle or structure designed and
constructed.in such a'manner as will permit the occupancy thereof as
sleeping 'quarters for oneor 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.
Sec. 10-1'.c30.- Landscape Architect.
"Landscape Architect" shall mean a person who holds a certificate
issued by the -State of California to practice landsdape architecture.
Sec: 10-1.231. Lot.
"Lot" shall mean a portion of land shown as a unit on a recorded
parcel;: or subdivision map.
Sec::.10-1.232. Lot, corner.
"Corner lot" shall.mean a lot abutting on two (2) or more intersecting
roads.
Sec. 10-1.233. Lot unit factor.
" "Lot unit factor-(LUF)" shall .mean 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.10%, the
LUF is equal to the net area of the lot or parcel.
(b) For lots or parcels with average slopes between 10% and 55%,
then:
LUF = An 1 - .02143 (S-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.
7
ORDINANCE NO. _A.0
ORDINANCE* OF THE CITY. COUNCIL OF THE TOWN;OF LOS ALTOS HILLS
AMENDING SECTION -104.223 (FLOOR AREA): OF TITLE 10 (ZONING AND SITE
DEVELOPMENT) OF .CHAPTER -1 (ZONING)"OF THE LOS ALTOS
HILLS "
MUNICIPAL CODE
WHEREAS,- the- -Cit -. Council of. the Town of. Los Altos Hills (°Toiwn") wishes to
amend the definition of °Floor Area..in� its Municipal Code.
NOW, THEREFORE, the City Council of the -Town. do
es,ORDAIN as follows:
1. 'Amendment of Code. Section 10-1:223- (Floor areal of AificleL-Z(Definitions)
of -Chapter.1 (Zoning) of Title 10 (Zoning- and Site: Development) of the Los Altos Hws
Municipal Code is hereby amended to read. as follows:
°Floor area°, shall mean the gross horizontal, area of -the several floors of all
buildings, including garage:space and.carportt ace`(if the-carportspacetyas
approved after March 9, 2002), measured to the: oufside'of .eXtenQf�'walls.
Floor area is counted twice when the vertical distance between the upper
surface of the floororthe underside of the roof directly above it is greaterthan
seventeen feet- (IT). 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 feet (T) 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.
2. - CECT, This -ordinance is not a project for the purposes of the -California.. .
Environmental Quality Act, since it has no potential for resulting in a significant
environmental- effect
3. - EFFECTNE DATE: POSTING. This ordinance shall become effective thirty
(30) days from the date of its, passage; and shall be posted withimthe Town of. Los Altos
Hills in three (3) public places.
INTRODUCED: ,7ammry 17, 2002
MASSED: Febnmxy 7, 2002
- AYES: -
Mayor Pro Tem Fenwick and Councilmmbers 0MV,-Finn and O'Malley
NOES: None
ABSTENTIONS:. None
ABSENT: mayor Casey
gy; H.. -
Mayo
ATTFAT