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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 CHAPTER 1 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:
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TITLE 10: ZONING AND SITE DEVELOPMENT
CHAPTER 1. ZONING
Article 1. Title, Scope, Purposes and Interpretation
Sec. 10-1.101. Title
This chapter shall be known and may be cited as the "Zoning Law of the
Town of Los Altos Hills."
Sec. 10-1.102. Scope.
The provisions of this 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 covenant, deed,
or other private agreement, or with restrictive covenants running with the
land to which the Town is a part. Where the provisions of this chapter
impose a greater restriction upon land, buildings, or structures than are
imposed or required by such existing provisions of laws, covenants,
contracts, or deeds, the provisions of this chapter shall control.
Sec. 10-1.103. Purposes.
The provisions of this chapter are adopted to protect and guide the
growth and expansion of the Town in an orderly manner, consistent with the
General Plan and true to the rural residential character of 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 facilities; to protect the community
against excessive storm water runoff, soil erosion, earth movement, and
earthquake and other geologic hazards; to minimize the silting of drains
and drainage channels; to preserve and enhance the natural beauty of the
community; and to solve other conditions arising from the concentration of
the population.
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.
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Sec. 10-1.202. Accessory use or accessory structure.
"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", as applied to a building or structure, shall mean a
change or rearrangement in the structural parts or in the existing faci-
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. 10-1.204(1). 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
T_
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
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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 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 100%.
Sec. 10-1.208. Basement.
"Basement" shall mean a space partly or wholly underground and having
more than one-half (112) its height, measured from its floor to its ceil-
ing, below the average adjoining grade.
Sec. 10-1.209. Building.
"Building" shall mean a structure with a minimum structure height of 6
feet having a roof supported by columns or walls for the housing or
enclosure of persons, animals, or chattels.
Sec. 10-1.210. Building line.
"Building line" shall mean the line along which the vertical surface
of a building intersects the ground.
Sec. 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. Club, 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.
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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(a). 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) 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.
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).
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Sec. 10-1.222. Firebreak.
"Firebreak" shall mean any area of land from which vegetation has been
removed or cut for the purposes of fire protection.
Sec. 10-1.223. Floor area.
"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 greater 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 under-
side of the roof above it is 8 feet or more. For the purposes of this
definition, all attic spaces are considered to have floor surfaces.
When a retaining wall is incorporated into a structure and earth is
backfilled against the retaining wall, any Floor Area which is at least 6
feet below the backfill, when that distance is referenced from the exten-
sion of contour lines from the ground along the perimeter of the struc-
ture, is not counted.
Sec. 10-1.224. Frontage.
"Frontage" shall mean all property abutting one side of a road
Sec. 10-1.225. Garage, private.
"Private garage" shall mean a building or an accessory to a main
building providing for the storage of automobiles.
Sec. 10-1.226. Grading.
"Grading" shall mean to bring an existing surface to a designed form
by excavating, filling, or smoothing operations.
Sec. 10-1.227. Height, Structure.
"Structure height" shall mean the vertical distance at any point from
the natural ground level which existed prior to grading for any structure,
or from the building pad if excavated below natural ground level, which-
ever elevation is lower, to the highest part of the structure directly
above.
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 lines established by the natural ground level.
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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.
"House trailer" shall mean 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.
Sec. 10-1.230. Landscape Architect.
"Landscape Architect" shall mean a person who holds a certificate
issued by the State of California to practice landscape 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.
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Sec. 10-1.234. Natural ground level.
"Natural ground level" shall mean the elevation at any point on the
ground surface established by natural processes without intervention by
man through grading or other activities modifying the elevation of the
ground surface.
Sec. 10-1.235. Panhandle.
"Panhandle" shall mean the portion of a lot which connects the build-
able section of the lot to a public or private vehicular right-of-way.
Sec. 10-1.236. Parcel.
"Parcel" shall mean 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.
Sec. 10-1.237. Pathway.
"Pathway" shall mean designated pedestrian, equestrian, and/or bicycle
routes as shown on the Pathway Master Plan of the Town.
Sec. 10-1.238. Permittee.
"Permittee" shall mean any person to whom a site development permit
has been issued.
Sec. 10-1.239. Person.
"Person" shall mean 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.
Sec. 10-1.240. Removal.
"Removal" shall mean the cutting to the ground of vegetation, includ-
ing trees and plants, as well as complete extraction or killing by
spraying.
Sec. 10-1.241. Road, public.
"Public road" shall mean 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.
Sec. 10-1.242. Setback line.
"Setback line" shall mean 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.
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Sec. 10-1.243. Site.
"Site" shall mean a single lot or parcel of land, or a contiguous
combination thereof, where site development work is performed.
Sec. 10-1.244. Site Development
"Site Development" shall mean the altering of terrain and/or vege-
tation by grading or construction of any kind.
Sec. 10-1.245. Site Development Authority.
"Site Development Authority" shall mean the Zoning Administrator, Site
Development Committee or the Planning Commission.
Sec. 10-1.246. Site Development Committee.
"Site Development Committee" shall mean a committee composed of two
Planning Commissioners to be appointed by the Chairperson of the Planning
Commission, the City Engineer or designee, and the City Manager or
designee, who shall serve as the coordinator of the Committee. The Plan-
ning Commission Chairperson may appoint alternate commissioners to the
Committee. The Planning Commission or City Council may appoint advisory
members to the Committee.
Sec. 10-1.247. Site Development Permit.
"Site Development Permit" shall mean the approved plans which bear the
stamp of approval of the Site Development Committee, Zoning Administrator,
or Planning Commission.
Sec. 10-1.248. Stable.
"Stable" shall mean a building used for housing hoofed animals
Sec. 10-1.249. Structure.
"Structure" shall mean anything constructed or erected requiring
location on the ground or which is attached to something having location
on the ground, excluding vehicles designed solely for the transportation
of people or goods.
Sec. 10-1.250. Structure, nonconforming.
"Nonconforming structure" shall mean 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 devel-
opment standards for the district in which such structure is located.
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Sec. 10-1.251. Tilling.
"Tillingg"shall mean the cultivating or plowing of soil not to exceed
twelve (12") inches in depth from the existing grade.
Sec. 10-1.252. Use.
"Use" shall mean 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.
Sec. 10-1.253. Use, nonconforming.
"Nonconforming use" shall mean 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.
Sec. 10-1.254. Nall.
"Wall" 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).
Sec. 10-1.255. Zoning Administrator.
"Zoning Administrator" shall mean an official designated by the City
Manager to enforce the provisions of this Chapter.
Article 3. Establishment of Districts and General Provisions
Sec. 10-1.301. Established.
The following use districts are hereby established:
(a) Residential -Agricultural (R -A); and
(b) Open Space Reserve (OSR)
Sec. 10-1.302. Zoning map.
The districts established by Section 10-1.301 of this article and the
boundaries thereof are shown upon that certain map entitled "Zoning Map
for the Town of Los Altos Rills, California", which map and all notations
and information thereon are adopted by reference and made a part of this
chapter as though set forth in this chapter in full.
The zoning map, for convenience, may be divided into section maps, and
each section map may be separately referred to or amended for the purposes
of amending the zoning map. The zoning map and each of its section maps,
and the notations, references, and other information shown thereon, shall
be as much a part of this chapter as if the matters and information set
forth by such maps were all fully described in this chapter.
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Sec. 10-1.303. Amendments to the zoning map.
(a) The zoning map of the Town is amended to rezone that portion of
the Residential -Agricultural District shown upon that certain map marked
"Exhibit A" and attached to Ordinance No. 151 of the Town from Residen-
tial -Agricultural District to Open Space Reserve District.
(b) The zoning map of the Town is amended to rezone that portion of
the Residential -Agricultural District shown upon that certain map marked
"Exhibit A" and attached to Ordinance No. 157 of the Town from Residen-
tial -Agricultural District to Open Space Reserve District.
(c) The zoning map for the Town is amended to include within the
Residential -Agricultural (RA) District that certain real property shown
and delineated on the Section Zoning Map marked Exhibit "A" and attached
to Ordinance No. 237 of the Town which map is incorporated and made a part
of this section by reference.
(d) The zoning map for the Town is amended to include within the
Residential -Agricultural (RA) District that certain real property shown
and delineated on the Section Zoning Map marked Exhibit "A" and attached
to Ordinance No. 238 of the Town which map is incorporated and made a part
of this section by reference.
(e) The zoning map for the City of the Town of Los Altos Hills,
California, is hereby amended to include within the Residential -Agri-
cultural (RA) District that certain real property shown and delineated on
the Section Zoning Map marked Exhibit "A" and attached hereto, which map
is hereby incorporated and made a part hereof by reference.
(f) The zoning map for the City of the Town of Los Altos Hills,
California, is hereby amended to include within the Residential -Agri-
cultural (RA) District that certain real property shown and delineated on
the Section Zoning Exhibit "A" and attached hereto, which map is hereby
incorporated and made a part hereof by reference.
Sec. 10-1.304. Zoning map: Notations of amendments.
If changes are made in district boundaries or other matters portrayed
on the zoning map, such changes shall be made on the zoning map promptly
after the amendment has been approved by the Council, together with an
entry on the zoning map indicating the ordinance number authorizing such
change and the date upon which such change becomes effective.
Sec. 10-1.305. Uncertainties in boundaries.
Wherever any uncertainty exists as to the boundary of any district as
shown on the zoning map, the following rules shall control:
(a) Where a boundary line is indicated as following a street, the
boundary line shall be construed as following the centerline of such
street.
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(b) Where a boundary line is indicated as approximately following a
property line, the property line shall be construed to be the boundary.
(c) Where a boundary line crosses property under one ownership, the
boundary line shall be determined by the use of the notation or scale
designated on the map.
(d) Where further uncertainty exists, the Planning Commission, upon a
written application or on its own motion, shall determine the location of
the boundary in question, giving due consideration to the location indica-
ted on the zoning map and the purposes of this chapter.
Sec. 10-1.306. Prezoning adjoining unincorporated lands and zoning
annexed lands.
Adjoining lands in unincorporated territory may be prezoned by
amending the zoning map to include such land in a zoning district
category. In the event any prezoned lands are subsequently annexed to the
Town, the zoning indicated on the map shall become effective at the time
of annexation. All other lands annexed to the Town shall be in the Open
Space Reserve (OSR) District until otherwise classified.
Sec. 10-1.307. Unclassified land.
In every case where any land has not been specifically included within
a district, or if any district is determined to be invalid or inapplic-
able, such land is hereby declared to be in the Residential -Agricultural
(R -A) District until otherwise classified.
Sec. 10-1.308. Building Moving.
No building shall be moved onto any site in the Town except by a
permit granted by the Council and, if granted, upon conditions and res-
trictions deemed reasonable and only after the consideration and report of
the Planning Commission.
Sec. 10-1.309. Conformity required.
Except as otherwise provided in this chapter:
(a) Land or structures in any district shall hereafter be used only
for the purposes listed in this chapter as permitted in that district, and
in accordance with the regulations established by this chapter for that
district, and in accordance with any conditions and requirements which may
have been established in connection with the authorization of any variance
or the granting of any conditional use permit.
(b) No structure shall be erected, reconstructed, relocated, or
structurally altered to have a greater bulk or higher proportion of parcel
coverage than permissible under the limitations set forth in this chapter
for the district in which the structure is located. If already greater
than the maximum permitted, it shall not be further increased.
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(c) No open space or off-street parking space existing or provided
hereafter about any structure shall be reduced below the minimum require-
ment set forth in this chapter for such open space or parking space. If
already less than such minimum requirements, it shall not be further
reduced.
(d) No parcel or lot held under one ownership as of January 1, 1973
shall be reduced in dimension or area so as to be smaller than required by
the provisions of this chapter. If already less in dimension or area, the
dimension or area shall not be further reduced.
(e) No parcel or lot created contrary to the requirements of the
subdivision provisions set forth in Chapter 1 of Title 9 of the Los Altos
Hills Municipal Code shall be used for any primary use.
Sec. 10-1.310. Zoning permit; when required.
A zoning permit issued by the Planning Officer shall be required for
(a) All buildings or structures hereafter erected, constructed, or
moved within or into the Town, or
(b) All buildings or structures hereafter altered or repaired
resulting in an increase in the external dimensions of the building or
structure, or
(c) The use of vacant land or for a change in the use of any land
within any zoning district established pursuant to the zoning law of the
City of the Town of Los Altos Hills. The application for a zoning permit
shall be accompanied by a fee, the amount of which shall be established by
a resolution of the City Council
A zoning permit shall not be issued for any building, structure or use
which would violate the provisions of the zoning law of the Town. Neither
a building permit nor a site development permit shall be issued until a
zoning permit has been obtained.
Article 4. Nonconforming Uses and Structures
Sec. 10-1.401. Nonconforming Structures
The provisions of this chapter shall not prevent the reconstruction,
repairing or rebuilding of any nonconforming structure, so long as the
reconstruction, repair or rebuilding does not result in an increase in the
nonconformity that existed prior to the damage or reconstruction.
Sec. 10-1.402. Nonconforming uses: Continuation
A nonconforming use may not be changed, enlarged, or altered, nor
shall the building structure, or premises upon which such use is located
be enlarged, reconstructed, or structurally altered unless such use is
changed to a use permitted by the provisions of this chapter.
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Sec. 10-1.403. Nonconforming uses: Conversion to conforming uses.
When any building or land which has been used other than in conformity
with the regulations applicable to the district of which it is a part, and
when the Council, after due notice and hearing thereon, shall have found
that the use has become dangerous or injurious to the public health,
safety, or welfare, such use shall forthwith be converted to the classi-
fication of the area in which it is located.
Should any nonconforming use be changed to another use not specifi-
cally authorized by the provisions of this chapter, the Council, after due
notice and hearing thereon, may order the discontinuance of the previously
authorized nonconforming use and the conversion of the use to the classi-
fication of the area in which such use is located.
Sec. 10-1.404. Nonconforming uses: Discontinuance.
A nonconforming use shall be considered as permanently discontinued
and may not be resumed if it is discontinued or abandoned for 180 days or
more within twelve (12) consecutive calendar months.
All nonconforming use shall be permanently discontinued not later than
January 27, 1976.
Sec. 10-1.405. Nonconforming uses: Repairs to damages.
The provisions of this chapter shall not prevent the reconstruction,
repairing, rebuilding, and continued use of any structure occupied by a
nonconforming use when damaged by fire, collapse, explosion, or act of God
occurring on or after December 4, 1961, wherein the expense of such work
does not exceed fifty (50%) percent of the appraised value, for tax
purposes, of the structure at the time such damage occurred.
Sec. 10-1.406. Nonconforming uses: Maintenance.
Such repairs and maintenance work as are required to keep it in sound
condition may be made to a structure occupied by a nonconforming use;
provided, however, no structural alterations shall be made except as
required by law or ordinance or authorized by the Planning Commission by a
conditional use permit.
The total structural repairs and alterations which may be made to a
structure pursuant to the provisions of this section shall not, during its
life subsequent to the date of its use becoming nonconforming, exceed
fifty (50%) percent of its then appraised value, for tax purposes, unless
such use is changed to a conforming status.
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Article 5. Area, Coverage, Height, and Setback Limitations
Sec. 10-1.501. Minimum parcel size.
No parcel shall have a net area less than 43,560 square feet, however,
the minimum lot area required shall be determined by Section 9-1.604 of
the Los Altos Hills Municipal Code. Any parcel created prior to January
1, 1980 which does not meet these minimum lot area requirements may be
used by the owner of the parcel, or any successor in interest, as a site
for a use permitted in the district, provided all other regulations for
the district are complied with, and such parcel has a minimum Lot Unit
Factor of O.S. Parcels which have a Lot Unit Factor of less than 0.5 will
be allowed development only upon the issuance of a Conditional Development
Permit.
Sec. 10-1.502. Development area.
Except as provided in (c) below, the amount of development area in
square feet allowable on a parcel or lot shall not exceed the amounts
determined by application of the formula in (a) below, where An is net
area in acres, S is the average slope of the parcel or lot in percent, as
defined in Section 10-1.207, LUF is the Lot Unit Factor as defined by
Section 10-1.233 and MDA is the Maximum Development Area allowable.
(a) Maximum Development Area Formula. For all parcels or lots, the
allowable development area in square feet shall relate to the average
slope of the parcel or lot and the Lot Unit Factor for the parcel or lot
as specified in the formula given in (1), (2) and (3) below:
(1) For parcels or lots where S is equal to or less than ten
(10%) percent:
MDA = LUF x 15,000 square feet
(2) For parcels or lots where S is more than ten (10%) percent
and less than thirty (30%) percent:
MDA = LUF x 15,000 - 375 (S-10) square feet
(3) For parcels or lots where S is equal to or greater than
thirty (30%) percent:
MDA = LUF x 7,500 square feet.
(b) Development Area. Development area shall be measured in a
horizontal plane and shall include the following:
(1) Total Floor Area, as defined in Section 10-1.223 of this
Article;
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(2) The total area of land covered by structures other than
those counted as floor area, such as roof overhangs, parking
areas, patios, decks, walkways, swimming pools and tennis
courts, together with other surfaces comprised of
artificially emplaced building materials such as paving,
roofing, masonry, stone or wood;
(3) The first one hundred (100') feet of driveway, as measured
along the center line, closest to the primary dwelling; and
(4) That portion of a driveway exceeding twelve (12') feet in
width which is located beyond the area described in (3)
above.
Where there is a common driveway in a driveway easement or a
panhandle and the driveway, or a portion of the driveway,
serves more than one residence, then using the regulations
stated in (3) and (4) above, the amount of driveway area
shall be proportioned to the residences based upon use of
the driveway.
(c) Minimum MDA. The allowable development area on any parcel or lot
shall not be reduced to less than 5,000 square feet in any case by
application of the provisions of this section, except in the case of
parcels or lots which have a Lot Unit Factor of .50 or less. These
parcels or lots require a Conditional Development Permit and development
area may be restricted below 5,000 square feet as a condition of the
permit.
Sec. 10-1.503. Floor Area.
Except as provided in (c) below, the amount of floor area in square
feet allowed on a parcel or lot shall not exceed the amount determined by
application of the formula in (a) below, where S is the average slope of
the parcel or lot in percent, as defined in Section 10-1.207, LUF is the
Lot Unit Factor as defined in Section 10-1.233, and MFA is the Maximum
Floor Area allowable.
(a) For all parcels or lots, the allowable floor area in square feet
shall relate to the average slope of the parcel or lot and the Lot Unit
Factor for the parcel or lot as specified in the formula given in (1), (2)
and (3) below:
(1) For parcels or lots where S is equal to or less than ten
(10%) percent:
MFA = LUF x 6,000 square feet
(2) For parcels or lots where S is greater than ten (10%)
percent and less than thirty (30%) percent:
MFA = LUF x 6,000-50 (S-10) square feet
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(3) For parcels or lots where S is equal to or greater than
thirty (30%) percent:
MFA = LUF x 5,000 square feet
(b) Floor Area. Floor Area shall be measured as defined in Section
10-1.223 of this Article.
(c) Minimum MFA. The allowable floor area on any parcel or lot shall
not be reduced to less than 4,000 square feet in any case by application
of the provisions of this section, except in the case of parcels or lots
which have a Lot Unit Factor of .50 or less. These parcels or lots
require a Conditional Development Permit and allowable floor area may be
restricted below 4,000 square feet as a condition of the permit.
Sec. 10-1.504. height.
(a) Structures. Except as hereinafter provided, no structure or part
thereof, shall be constructed or altered to exceed twenty-seven (27') feet
in structure height in any permitted location. In the area within twenty-
four (24') feet of each setback line, the allowable structure height is
reduced and no structure or component thereof shall, at any point, extend
above a surface which is set by the following parameters:
(1) A maximum structure height of fifteen (15') feet along each
setback line;
(2) A maximum structure height of fifteen (15') feet, plus an
increase at the rate of one (1') foot in structure height
for each additional two (2') feet a point is distant from
the nearest setback line.
(3) A maximum structure height of twenty-seven (27') feet at
points twenty four (24') feet or more from the nearest
setback line.
(b) Special height limitation. No structure shall exceed a height of
thirty-five (35'), measured as the distance between the lowest grade topo-
graphical elevation of the structure along the building line, and the
highest topographical elevation of the roof of the structure.
(c) Exceptions. The following structures or elements thereof are
exempt from the height limits to the extent indicated:
(1) Chimneys and appurtenances can extend above the surface
defined by the parameters in Items (1), (2) and (3) of
subsection (a) of this section. However, the maximum height
of the chimney and appurtenances shall not exceed thirty
(30') feet.
(d) Walls and fences. Wall or fences (herein referred to collectively
as "fences") shall not exceed a maximum height of six (5') feet when
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located between setback lines and property lines; provided, however, the
height of any fence along a road shall be determined by the openness of
the fence and its distance from a "reference line," and provided, further,
that no fence shall be erected on the roadway side of the "reference
line."
(1) The "reference line" for a fence along any road shall be:
(i) The existing right-of-way boundary line, or
(ii) A line located thirty (30') feet from the centerline
of the right-of-way of the road, whichever is farthest
from the centerline of the road.
(2) The maximum height of a fence erected on the "reference
line" for that fence shall be:
(i) Three (3') feet for a fence with less than fifty (50%)
percent open area (when viewed perpendicular to the
plane of the fence).
(ii) Four and one-half (4 1/2') feet for a fence with no
less than fifty (50%) percent open area.
(3) The maximum height of a fence erected on the property side
of the "reference line" may be increased by one (1') foot
for each ten (10') feet the location of the fence is moved
from the "reference line" for that fence; provided, however,
no fence shall exceed a maximum height of six (5') feet when
located between the "reference line" for that fence and the
structural setback line for the property on which the fence
is located.
(4) Walls or fences shall not exceed a maximum height of three
(3') feet in an area bounded by the center line of inter-
secting roads or easements for vehicular access, public or
private, and a straight line joining points on such center
lines eighty (80') feet distant from their intersection in
order to provide an unobstructed view of approaching traffic
on the intersecting roads. The Planning Commission may
prescribe greater restrictions than the height set forth in
this paragraph where unusual conditions make such additional
restrictions desirable in the interests of the public
safety.
(e) Trees and shrubs. In an area bounded by the center line of inter-
secting roads or easements for vehicular access, public or private, and a
straight line joining points on such center lines eighty (80') feet dis-
tant from their intersection, all shrubs and plants shall be pruned to a
height not to exceed three (3') feet above the road level at its nearest
point. All side limbs of trees in such area shall be pruned to a height
of not less than six (6') feet above the road surface. The purpose of the
9
provisions of this section is to provide an unobstructed view of approach-
ing traffic on the intersecting roads. The Planning Commission may pre-
scribe greater restrictions on the heights and distances set forth in this
section where unusual conditions make such additional restrictions
desirable in the interests of public safety.
(f) Ornamental garden structures. Ornamental garden structures
without roofs and which do not exceed six (6') feet in height may be
located between property lines and setback lines provided they do not
exceed three (3') feet in height when located in an area bounded by the
center line of intersecting roads or easements for vehicular access,
public or private, and a straight line joining points on such center lines
eighty (80') feet distant from their intersection.
(g) Antennas and Dish Antennas. No antenna, whether freestanding or
attached to a building, shall be erected or installed until any permit
required by Section 10-2.301 shall first have been obtained and the
allowable height thereby determined. The height to which any antenna may
be extended, whether freestanding or attached to a building, shall mean
the vertical distance at any point from the natural ground level of the
property on which the antenna is erected or installed and which existed
prior to grading for any structure, or from any building pad on the
property if excavated below natural ground level, whichever elevation is
lower, to the highest part of the antenna directly above.
Sec. 10-1.505. Setback lines.
The location of structures with respect to property lines, street
rights-of-way, and easement lines shall be regulated as follows:
(a) No structure, nor portion thereof, other than driveways, walk-
ways, minor ornamental garden structure subject to the height limits
specified in Section 10-1.504(f), fences or underground utility faci-
lities, shall be constructed, altered, or maintained so as to be located
between the property line and any setback line, except as otherwise
permitted by the provisions of this chapter.
(b) Portions of patios and decks may extend five (5') feet beyond the
setback line established in subsection (c) of this Section 10-1.505 if
those portions are everywhere less than two (2') feet above natural grade.
(c) The setback line for any structure shall be:
(1) Where a parcel abuts on a single street or other accessway,
forty (40') feet from the nearest such public or private
street right-of-way, easement for vehicular access, or where
an official plan line has been established, from such
official plan line.
(2) Where a lot abuts on more than one such street, easement, or
official plan line, the Planning Commission or the Site
Development Authority, whichever entity first acts upon an
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application relating to the development of a particular
property, shall designate the street, easement or official
plan line from which the forty (40) foot setback shall be
measured, which will in the judgment of the Site Development
Authority, have the least negative environmental, visual or
aesthetic impact on neighboring properties and the public at
large.
(3) Thirty (30') feet from property lines, nearest lines of
public or private streets, rights-of-way easements for
vehicular access, or official plan lines in all other
instances.
(d) For the purposes of subsection (c) of this section, the term
"easement for vehicular access" shall refer to easements across one lot or
parcel which provide access to one or more other lots or parcels.
Easements for utilities which include vehicular access solely for the
maintenance of utilities within such easements shall be excluded from the
term "easement for vehicular access."
Sec. 10-1.506. Existing Antenna or Dish Antenna.
The regulations concerning antennas or dish antennas set forth in this
Chapter shall not apply to any antenna or dish antenna in existence on the
effective date of said regulations if the owner of the property on which
the antenna or dish antenna is located shall file a Declaration with the
Town on a form prescribed by the Planning Department.
No fee shall be required, charged or collected by the Town for the
filing of any Declaration.
In the event that the Antenna or Dish Antenna must be replaced or
repaired, no permit will be needed if it substantially conforms to the
Antenna or Dish Antenna replaced or repaired, particularly as to height
and location.
Article 6. Off -Street Parking
Sec. 10-2.601. Residential uses.
Each dwelling shall provide surfaced off-street parking facilities for
a minimum of four (4) cars including garage or carport space. Each
parking space shall be at least ten (101 feet wide and at least twenty
(20') feet long. Unobstructed vehicular access shall be available at all
times.
Sec. 10-1.602. Conditional uses
Parking areas for conditional uses shall be adequate to accommodate
all vehicle storage requirements for maximum foreseeable assemblies with-
out resorting to adjoining roads or interior driveways for parking. In no
case shall the combined ground coverage of structures, roadways, parking
areas, or other impervious facilities exceed forty (40%) percent of the
net area of the lot.
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Article 7. Residential -Agricultural District (R -A)
Sec. 10-1.701. Primary uses permitted (R -A).
The following primary uses shall be permitted in the Residential -
Agricultural District
(a) Primary dwellings; and
(b) Agriculture.
Sec. 10-1.702. Accessory uses and structures permitted (R -A).
The following types of accessory uses and structures shall be
permitted in the Residential -Agricultural District:
(a) Home occupations. Home occupations shall be permitted where the
use is entirely subordinate to the primary use of the premises for the
home of a family. There shall be no retail sales on the premises, no
advertising of any kind visible from off the premises, no evidence from
off the premises of the business, no parking more than normally required
for a residence, and not over one assistant outside the family unit shall
be employed.
The raising on the premises of agricultural products and the sales
thereof shall be expressly excepted from the provisions of this chapter
but shall be subject to reasonable regulations by the Town.
(b) Walls, fences, trees, and shrubs. Walls, fences, trees, and
shrubs shall be permitted within the confines of a lot or contiguous lots
subject to the height limitations set forth in Section 10-1.504 of Article
5 of this chapter.
(c) House number signs. A sign not more than one and one-half (1 1/2)
square feet in area bearing the house number and the name of the occupant,
or a name designated, other than one of a commercial purpose, shall be
permitted.
d) Accessory buildings. Accessory buildings may be constructed only
in accordance with the setback requirements of this chapter. An accessory
building may be erected prior to the construction of the main building
only if it is agreed that the main building shall be completed within
three (3) years from the date of the issuance of the permit for the acces-
sory building. A temporary accessory building shall be removed within
thirty (30) days after the completion of the main building or within
eighteen (18) months after the issuance of a permit for the accessory
building, whichever is the earlier date.
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(e) Private stables. No structure designed or used for occupancy by
hoofed animals may be constructed or maintained within thirty (30') from
the property line. A maximum of two (2) hoofed animals per acre shall be
permitted provided the conditions are satisfactory to the County Depart-
ment of Health or such other agency as may be in charge of health
standards for the Town.
(f) Swimming pools, tennis courts, greenhouses, and workshops. Swim-
ming pools, tennis courts, greenhouses, and workshops, and other accessory
uses found by the Planning Commission to comply with the definition of
accessory use, shall be permitted.
(g) Child day-care homes. Family homes, non -institutional in
character, which provide day care only for not more than six (6) children
and pursuant to applicable State and local regulations shall be
permitted. Such uses shall also comply with the limitations of home
occupations as set forth in subsection (a) of this section.
(h) Household pets and domestic animals. Household pets and domestic
animals as permitted by Town regulations may be kept.
(i1 Ornamental garden structures. Ornamental garden structures, such
as benches, statuary, raised planters, and fountains, shall be permitted.
(j) Antennas and Dish Antennas. Antennas and Dish Antennas are
permitted subject to the requirements set forth in Article 5 of Chapter 1
and Article 3 of Chapter 2 of Title 10.
Sec. 10-1.703. Conditional uses and structures (R -A).
The following uses may be established in the Residential -Agricultural
District subject to the recommendation of the Planning Commission, the
approval of the Council, and the issuance of a permit therefor 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 custom-
arily carried on primarily for profit;
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(e) Day nurseries and kindergartens. "Day nurseries" shall mean
facilities which accept for day care and supervise children under sixteen
(16) years of age or provide for care that is institutional in character
for ten (10) or fewer children. Such facilities shall be operated
pursuant to applicable State and local regulations. "Day nursery" shall
include all types of group day care programs, including day nurseries for
children of working mothers, nursery schools for children under the
minimum age for admission to public schools, parent -cooperative nursery
schools, play groups for preschool children, and programs giving after
school care to school age children, etc.;
(f) Public schools;
(g) Private schools;
(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 electri-
cal 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 essential to the recruitment, establishment,
maintenance, housing, or security of resource elements
(including vehicular and other equipment, materials and
supplies for emergency use in protective work, the restora-
tion of public facilities, debris and wreckage clearance,
and for public safety) and more fully described in the "Town
of Los Altos Hills Civil Disaster and Emergency Plan" and
Appendices thereto, or as hereafter amended, or those
resource elements which may be required by Area, Zone,
County, State, or Federal agencies to augment or implement
said plan;
(i) Fire stations;
(j) Police stations;
(k) Secondary dwellings are subject to the applicable provisions of
this chapter and other laws. A secondary dwelling shall be subordinate
to and architecturally compatible with the primary dwelling. The size of
a secondary dwelling, within a structure whose floor area is 1,000 square
feet or less, shall not exceed 1,000 square feet of floor area, and the
size of a secondary dwelling within a structure whose floor area is more
than 1,000 square feet shall not exceed 600 square feet of floor area.
23
One secondary dwelling on each parcel or lot of land in one ownership
which is of at least one (1) acre in net area shall be permitted if the
secondary dwelling:
(1) Is located on a parcel or lot which has a sanitary sewer
system, or on a parcel or lot with a private sewage disposal
system that is deemed to be adequate by the Santa Clara
County Health Department.
(2) Will have adequate water supply.
(3) Will not have a significant adverse impact on traffic flow
and safety.
Any vehicular access to a secondary dwelling shall be by a common
driveway with the primary dwelling.
(1) Town facilities.
(m) 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.
Sec. 10-1.704. Area, coverage, height, and setback limitations (R -A).
(See Article 5 of this chapter for the applicable provisions)
Sec. 10-1.705. Off-street parking (R -A).
(See Article 6 of this chapter for the applicable provisions.)
Article 8. Open Space Reserve District (OSR)
Sec. 10-1.801. Primary uses permitted (OSR)
The following primary uses shall be permitted in the Open Space
Reserve District:
(a) Agricultural uses, including horticulture and grazing;
(b) Forest preserves; and
(c) Other open space uses.
Sec. 10-1.802. Accessory uses and structures permitted (OSR)
The following accessory uses and structures shall be permitted in the
Open Space Reserve District:
(a) Structures other than buildings which are necessary for the
conduct of a permitted primary use; and
24
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(b) Fences, trees, and shrubs subject to the height limitations set
forth in Section 10-1.504 of Article 5 of this chapter.
Sec. 10-1.803. Area, coverage, height, and setback limitations (OSR)
(See Article 5 of this chapter for the applicable provisions.)
Article 9. (Not Used)
Article 10. (Not Used)
Article 11. Appeals, Variances, Conditional Use Permits,
Conditional Development Permits and Amendments
Sec. 10-1.1101. Applications.
Each application for a conditional use permit, conditional development
permit, variance, or appeal shall be accompanied by the following:
(a) A reference to the specific provisions of this chapter which are
involved;
(b) As the case may be:
(1) A description of the use for which the conditional use
permit, or conditional development permit is sought; or
(2) The details of the variance applied for and the grounds upon
which the claim is made; or
(3) The interpretation claimed or decision made on which the
appeal is filed;
(c) A filing fee and a deposit for services as adopted by resolution
of the Council; and
(d) The names and addresses of every owner of property within a
distance of 300 feet from the property as shown on the latest assessment
roll of the County.
Sec. 10-1.1102. Appeals from decisions of administrative officials.
Any party aggrieved by the decision of an administrative official in
the administration or enforcement of the provisions of this chapter
relative to variances and other matters may appeal such decision to the
Planning Commission. All appeals shall be in accordance with the
provisions of Section 10-1.1101 of this article and subject to public
hearing by the appropriate body pursuant to the provisions of Section
10-1.1105 of this article. All actions of the Planning Commission shall
be in accordance with the provisions of Section 10-1.1106 of this article.
25
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Sec. 10-1.1103. Variances.
The Planning Commission shall hold a public hearing on each appli-
cation for a variance. Notice of such hearing shall be in accordance with
theprovisions of Section 10-1.1105 of this article. Actions of the
Planning Commission shall be in accordance with the provisions of Sections
10-1.1106 and 10-1.1107 of this article.
Sec. 10-1.1104. Conditional use permits; conditional development
permits.
The Planning Commission shall hold a public hearing on each appli-
cation for a conditional use permit or conditional development permit.
Notice of such hearing shall be in accordance with the provisions of
Section 10-1.1105 of this article. Actions of the Planning Commission
shall be in accordance with the provisions of Sections 10-1.1106 and
10-1.1107 of this article.
Sec. 10-1.1105. Public hearings: Notices.
Notices of public hearings shall be posted on Town bulletin boards and
at least 300 feet at approximate 100 foot intervals from each boundary of
the property along the highway or street upon which such property abuts or
from any access road or way to non -frontage property. Notices of such
hearings shall also be served by United States mail to each property owner
within a distance of 300 feet of the property, using addresses from the
last adopted tax roll. Such postings and service by mail shall be com-
pleted at least ten (10) days prior to the date of the hearing.
Sec. 10-1.1106. Action of the Planning Commission.
Upon the approval or conditional approval of an appeal or application
for a conditional use permit, conditional development permit or variance,
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.
Sec. 10-1.1107. Conditional use permits, conditional development
permits and variances: Approval: Conditions.
Conditional use permits, conditional development permits and variances
may be granted only when facts are established which support the findings
required by the provisions of this section. Conditions may be attached to
any approved application in order to secure the purposes of this chapter.
26
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(a) Conditional use permits.
(1) Conditional use permits shall be granted by the Planning
Commission only when it is found that:
(i) 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;
(ii) 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, land-
scaping, and such other features as may be required by
this chapter or, in the opinion of the Planning Commis-
sion, will be needed to assure that the proposed use
will be reasonably compatible with land uses normally
permitted in the surrounding area;
(iii) 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
(iv) The proposed use will not adversely affect the abutting
property or the permitted use thereof.
(2) 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.
(b) Variances. The Planning Commission shall grant the requested
variance in whole or in part if, from the facts presented in connection
with the application or at the public hearing, it appears and the Planning
Commission specifies in its findings facts which establish beyond reason-
able doubt:
(1) That there are exceptional or extraordinary circumstances or
conditions applying to the property involved, including
size, shape, topography, location, or surroundings, which do
not apply generally to other property or uses in the same
vicinity and zoning district;
(2) That, owing to such exceptional or extraordinary
circumstances, the literal enforcement of the provisions of
this chapter would result in practical difficulties;
(3) That the strict application of the provisions of this
chapter would deprive such property of privileges enjoyed by
other property owners in the vicinity and under an identical
zoning classification;
27
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(4) That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the
property or improvements in the vicinity or in the zoning
district in which the property of the applicant is located;
(5) That the variance will not authorize a use or activity which
is not otherwise expressly authorized by the zoning district
regulations governing the parcel of property; and
(6) That the granting of such variance will be in harmony with
the general purpose and intent of this chapter and the
General Plan.
If the facts do not establish that all of the six (6) conditions set
forth in this subsection apply to the subject case, the Planning Commis-
sion shall deny the requested variance. Any variance granted shall be
subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privileges inconsistent
with the limitations on other properties in the vicinity classified in the
same zoning district.
(c) Conditional development permits.
(1) Due to the difficulty of accommodating development on
substandard lots which meet the objectives and standards of
the Town, any lot which has a Lot Unit Factor of .50 or less
shall obtain a conditional development permit from the
Planning Commission. Prior to the granting of any permit,
the Planning Commission must find that:
(i) The site for the proposed development is adequate in
size, shape and topography to accommodate the proposed
intensity of development, including all structures,
yards, open spaces, parking, landscaping, walls and
fences, and such other features as may be required by
this chapter;
(ii) The size and design of the proposed structures create a
proper balance, unity and harmonious appearance in
relation to the size, shape and topography of the site
and in relation to the surrounding neighborhood;
(iii) The rural character of the site has been preserved as
much as feasible by minimizing vegetation and tree
removal, excessive and unsightly grading and alteration
of natural land forms.
(iv) The proposed development is in compliance with all
regulations and policies set forth in the Site
Development ordinance.
(2) Every Conditional Development Permit granted may be subject
0
to such conditions as are deemed necessary to protect the
public health, safety and general welfare and to secure the
objectives set forth in the findings above. Such conditions
may include, but are not limited to, reduction in Maximum
Development Area allowed, reduction in Maximum Floor Area
allowed, installation of landscaping, and resiting of
structures.
Sec. 10-1.1108. Effective dates of actions of the Planning Comission.
Actions of the Planning Commission with regard to variances, condi-
tional development permits, appeals from administrative officials, and
conditional use permits shall become final on the eleventh day following
approval or denial, but no sooner than the next regular meeting of the
Council, unless an appeal is filed in accordance with the provisions of
Section 10-1.1109 of this article or the Council elects to review the
approval or denial in accordance with the provisions of Section 10-1.1110
of this article.
Sec. 10-1.1109. Appeals from decisions of the Planning Ca=ission.
Any party aggrieved by a decision of the Planning Commission may
appeal such decision to the Council in accordance with the provisions of
Section 10-1.1101 of this article within ten (10) days after the decision
being appealed. The Council shall hold a public hearing pursuant to
notification as required by the provisions of Section 10-1.1105 of this
article. Prior to any action of the Council to modify the action of the
Planning Commission, the Council shall refer the matter to the body
against which the appeal was taken for review and report within thirty
(30) days from the date of the Council referral.
Sec. 10-1.1110. Council review of actions.
Following the approval of a variance, conditional use permit or
conditional development permit, or the ruling upon an appeal from the
decisions of an administrative official pursuant to Section 10-1.1102,
respectively, by the Planning Commission, and in the absence of an appeal
by an aggrieved party, the Council at its first regular meeting following
the taking of such action may discuss the action, taken for the sole
purpose of eliciting any desired information following which the Council
may either (a) concur in the action taken, or (b) determine itself to
appeal the action taken in which case the Council shall set the matter for
public hearing in accordance with the provisions of Section 10-1.1105 of
this Article 11.
Prior to taking any action reversing the decision of the Planning
Commission, the Council shall refer the matter back to the approving body
for review and for submission of a report by the next regular Council
meeting. The action of the Council shall be effective immediately upon a
decision.
29
Sec. 10-1.1111. Denial: Resubmission.
An application for a conditional use permit, conditional development
permit, variance, or appeal which has been denied by the Council which is
substantially similar to one which has been so denied may not be resubmit-
ted by the applicant within a period of one year from the date of the
final Council action.
Sec. 10.1.1112. Amendments.
Amendments to this chapter shall be made pursuant to the applicable
provisions of State law.
Article 12. Administration and Enforcement
Sec. 10-1.1201. Administration and Enforcement
Except as otherwise provided in this Chapter, the provisions of this
Chapter shall be administered and enforced by the persons named in accord-
ance with the provisions contained in Article 13 of Chapter 2 entitled
"Site Development" of Title 10 of the Los Altos Hills Municipal Code
consisting of Sections 10-2.1301 to 10-2.1318, inclusive, as the same
exist or as hereafter amended or added to.
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SECTION 2. AMENDMENT OF CODE. Section 9-1.604 of Chapter 1, entitled
"Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is
amended to read as follows:
Sec. 9-1.604. Lot Size and Requirements.
The provisions of this section are minimum requirements for parcels
used or intended to be used for primary uses. Other ordinances of the
City may impose standards requiring substantially larger parcels.
(a) Minimum Parcel or Lot Area. No parcel or lot shall have a net
area less than 43,560 square feet.
(b) Slope Density Requirements. In addition to the requirements set
forth in subsection (a) of this section, the area of parcels or lots
created in any subdivision after January 16, 1980, shall not be less than
the following:
(1) Where the average slope of the lot to be created is greater
than ten (10%) percent, but not greater than forty-five
(45%) percent, the net area shall not be less than "a" as
determined by the following formula:
a = 1
�T
where "S" is the average slope of the lot in percent as
defined in subparagraph (3) of this subsection.,
(2) Where the average slope of the lot to be created is greater
than forty-five (45%) percent, the following provisions
shall be adhered to:
(i) The number of lots and net lot areas permitted shall be
based on a demonstration by the applicant and finding
by the Planning Commission that each lot and related
subdivision improvements can be developed in compliance
with the provisions of Section 9-1.102.
(ii) As a guideline, the formula provisions set forth in
subparagraph (1) of this subsection will be used by the
Planning Commission to determine the adequacy of the
net lot area for slopes up to and including fifty-five
(55%) percent.
(iii) In no case shall the net lot area be less than the area
required by the provisions of subparagraph (1) of this
subsection for a slope of forty-five (45%) percent.
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where:
(3) For the purpose of subparagraphs (1) and (2) of this sub-
section, the average slope of a lot or parcel shall be
determined according to the formula:
S = .00230IL
——
(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 in acres of the lot to be created.
(4) The topographic base map used to provide the above informa-
tion shall meet the requirements for tentative subdivision
maps as set forth in Section 9-1.506(g). Any portion or
portions of a parcel to be subdivided which have a natural
slope greater than fifty-five (55%) percent may, as an
option of the applicant, be assigned a slope of fifty-five
(55%) percent for the purposes of computing the average
slope of the entire parcel, provided, however, that the
excluded area shall not have an average slope exceeding one
hundred (100%) percent. This option does not apply to
artificial cut and fill slopes.
(5) Once a final subdivision map has been recorded for a sub-
division, lot lines shall thereafter not be altered so as to
allow a greater number of lots in that subdivision than the
maximum permitted by the provisions of subparagraphs (1) and
(2) of this subsection. Lots not included in the total net
acreage used in determining average lot area may be further
divided subject to the provisions of this chapter and other
laws of the City.
(c) Any lot or parcel which does not front on the public road system
of the City and/or that of an adjoining jurisdiction shall have recorded
and free access to such system over a road or roads, improved to the City
standards or such other standards as are acceptable to the Commission.
(d) Where difficult terrain or other unusual conditions exist, lots
larger in area than the minimum shall be provided as necessary to
accomplish the purposes set forth in this chapter, whether due to features
of grade, topography, the probability of the land being subjected to
slides, inundations, or other hazards. Areas shall be computed on a net
basis, after deductions are made for any present or designated future
street widening.
(e) All subdivisions shall result in the creation of lots with
adequate building sites which are capable of being developed or built upon
while retaining the basic natural qualities of the lot. No subdivision
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shall create lots which are impractical for improvement or use due to the
steepness of the terrain, the location of watercourses, periodic flooding,
earth movement, size, shape or other physical conditions.
(f) Lot lines shall be placed so as to create usable building sites,
permit the accommodation of sites to the natural terrain and vegetation,
and afford access to building sites without requiring excessive grading.
(9) On any lot intended for residential occupancy it shall be possible
to provide safe vehicular access via a private or common driveway,
conforming to the City standards, from a public or private road.
(h) Panhandle lots, those which include a strip of land or easement
used primarily for gaining access from a private or public road to the
major portion of the lot, shall be permitted by the Commission only when
they result in a division of land more fully complying with the purposes
of this chapter than could otherwise have been achieved. The panhandle
portion of the lot shall in no case be less than twenty-five (25') feet in
width. The panhandle portion of the lot shall be included in the net
acreage only to the extent that the 160 -foot -diameter circle can be placed
within the panhandle and yet remain within the confines of the property
lines.
SECTION 3. AMENDMENT OF CODE. Section 10-2.301 of Chapter 2, entitled
"Site Development" of Title 10 of the Los Altos Hills Municipal Code
hereby is amended to read as follows:
Sec. 10-2.301. Permits.
No person shall commence or perform any activity described in sub-
sections (a), (b), (c), or (d) of this section without first obtaining a
site development permit. A separate site development permit shall be
required for each site on which any action(s) covered by this chapter is
(are) to be undertaken.
(a) Administrative Review of Site Development Proposals. The Zoning
Administrator or designee shall review all development proposals and
impose conditions deemed appropriate for the following activities:
(1) The construction or placement of any spa, solar panel, dish
antenna over 3 feet in height, or 30 square feet of
development area;
(2) The construction of a wall, fence or other barrier,
including barriers consisting of earthen materials.
(3) Grading
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- For fills equal to or exceeding 2 feet but less than 3
feet in vertical depth, at their deepest point measured
from the natural ground surface;
- For excavations equal to or exceeding 2 feet but less than
4 feet in vertical depth, at their highest point;
- For excavations or fills, or any combination thereof,
equal to or exceeding 50 cubic yards, but less than 250
cubic yards
- For excavations or fills, or any combination thereof,
equal to or exceeding an area of 1,000 square feet, but
less than 3,000 square feet.
(4) For any structure which equals or exceeds 6 feet but is less
than 15 feet in height;
(5) For any structure or combination of structures which equals
or exceeds 1,000 square feet of development area, but are
less than 3,000 square feet of development area;
(6) For any structure, combination of structures, or additions
to structures, any of which equal or exceed 150 square feet
of floor area, but are less than 900 square feet of floor
area;
(7) The demolition of a primary or secondary residence, except
by condemnation order of the Town;
(8) The reconstruction of an existing private vehicular access
or driveway which does not change the location of the access
or driveway and does not increase the amount of development
area by more than 150 square feet.
(9) The construction or installation of any antenna equal to or
greater than 48 feet in height, but less than 63 feet in
height.
(10) The construction or installation of any dish antenna equal
to or greater than 6 feet in diameter but not exceeding 12
feet in diameter.
(b) Site Development Committee Review. The Site Development Committee
shall review site development applications and impose conditions deemed
appropriate for the following activities:
(1) The construction of a principal or secondary residence;
(2) Grading.
- For fills equal to or exceeding 3 feet but less than 10
feet in vertical depth, at their deepest point measured
from the natural ground surface;
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- For excavations equal to or exceeding 4 feet, but less
than 13 feet in vertical depth, at their highest point;
- For excavations or fills, or any combination thereof,
equal to or exceeding 250 cubic yards, but less than 3,000
cubic yards;
- For excavations or fills, or any combination thereof,
equal to or exceeding an area of 3,000 square feet, but
less than 20,000 square feet.
(3) For any structure which equals or exceeds 15 feet in height.
(4) For any structure or combination of structures which equal
or exceed 3,000 square feet of development area, but is less
than 20,000 square feet of development area.
(5) For any structure, combination of structures, or additions
to structures, any of which equal or exceed 900 square feet
of floor area but are less than 8,800 square feet of floor
area.
(6) The construction, realignment, or relocation of any private
vehicular access or emergency access road, except as
provided for under Section 10-2.301 (a) 8.
(7) For any creek crossing.
(8) The construction or installation of any antenna equal to or
greater than 63 feet in height but less than 83 feet in
height.
(9) The construction or installation of any dish antenna greater
than 12 feet in diameter but not exceeding 15 feet in
diameter.
(10) Any other proposal referred to the Site Development
Committee by the Zoning Administrator.
(c) Planning Commission Review. The Planning Commission shall review
site development applications and impose conditions deemed appropriate for
the following activities:
(1) Grading.
- For fills equal to or exceeding 10 feet in vertical depth
at their deepest point measured from the natural ground
surface;
- For excavations equal to or exceeding 13 feet in vertical
depth at their deepest point;
- For excavations or fills or any combination thereof, equal
to or exceeding 3,000 cubic yards;
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6 40
- For excavations or fills or any combination thereof, equal
to or exceeding an area of 20,000 square feet.
(2) For any proposal which exceeds Site Development Committee
Review.
(3) For any structure, combination of structures, or additions
to structures, any of which equals or exceeds 8,800 square
feet of floor area.
(4) The construction or installation of any antenna equal to or
greater than 83 feet in height.
(5) The construction or installation of any dish antenna greater
than 15 feet in diameter.
(6) Any other proposal referred to the Planning Commission by
the Site Development Committee.
(d) Additional review of all site development applications on lots
which were created prior to January 1, 1973 may be undertaken by the Site
Development Authority. This review will be based upon information
required under Section 10-2.1303(d).
(e) Exceptions: A site development permit shall not be required for
the following:
(1) Any activity which is below the thresholds prescribed in
Section 10-2.301(a).
(2) Excavations below the finished grade for septic tanks and
drainfields, tanks, vaults, tunnels, equipment basements,
cellars, or footings of buildings or other structures for
which a building permit has been issued by the Town.
(3) The excavation or removal of vegetation in public utility
easement by public utility companies for the purpose of
installing underground utilities.
(4) Routine maintenance of roads and driveways.
(5) Site development pursuant to conditions placed on the filing
of a parcel map or final subdivision map.
(6) Emergency work required by the City Engineer to mitigate or
avoid a threat to the health, safety, or welfare of the
community.
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SECTION 4. AMENDMENT OF CODE
*J
Section 10-2.1303 of Chapter 2, entitled
"Site Development" of Title 10 of the Los Altos Hills Municipal Code
hereby is amended by amending subparagraph (2) of subsection (a) thereof
to read as follows:
Section 10-2.1303(a). Zoning and Site Development Permits:
Applications: Accompanying Data.
(2) The location of existing and proposed development area as
defined in Section 10-1.215, "Development Area."
SECTION 5. AMENDMENT OF CODE. Section 10-2.1309 of Chapter 2, entitled
"Site Development" of Title 10 of the Los Altos Hills Municipal Code
hereby is amended to read as follows:
Section 10-2.1309. Expiration.
Every site development and zoning permit shall expire by limitation
and become null and void if the work authorized by such permit has not
been commenced within one calendar year or has not been completed within
two years from the date of its issuance. When zoning and site development
permits are issued for the same project, the date of expiration of the
zoning permit shall be the same date as that of the site development
permit. The Zoning Administrator or designee may, if the permittee
presents satisfactory evidence that unusual difficulties have prevented
work being started or completed within the specified time limits, grant a
reasonable extension of time if a written application is made before the
expiration date of the permit. The City Council may grant a reasonable
extension of time if a written application is made after the expiration
date of the permit.
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SECTION 6. REPEAL.
Ordinance No. 292, adopted on January 30, 1985, and entitled: "An
ordinance of the City of the Town of LOS Altos Hills adopting as an
urgency measure interim zoning regulations requiring a special land use
permit for construction or conversion of structures exceeding a height of
fifteen (151 feet in an R -A Residential -Agricultural District"
and Ordinance No. 295 adopted on March 11, 1985, and entitled: "An
ordinance of the City of the Town of Los Altos Hills adopting as an
urgency matter the first extension of Ordinance No. 292"
and Ordinance No. 300 adopted on January 22, 1986, and entitled: "An
ordinance of the City of the Town of Los Altos Hills adopting as an
urgency matter the second extension of Ordinance No. 292, as previously
extended by Ordinance No. 295"
and each of them, hereby are repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance, or any part thereof, or the application
thereof to any person or circumstances, is for any reason held to be
unconstitutional or invalid or ineffective by any Court of competent
jurisdiction, such decision shall not affect the validity or effectiveness
or applications of the remaining portions of this Ordinance, or any part
thereof, which can be given effect without the invalid portion or
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application. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective.
SECTION 8. INTERPRETATIONS.
In interpreting and applying the provisions of this Ordinance, the
requirements contained herein are declared to be minimum requirements for
the purposes set forth.
The provisions of this Ordinance, insofar as they are substantially
the same as existing statutory provisions relating to the same subject
matter, shall be construed as restatements and continuations and not as
new enactments.
It is the intention of the City Council that any Section of the Los
Altos Hills Municipal Code within which reference is made to the number of
any Section which is renumbered in this Ordinance shall itself be amended
to conform to the new Section number.
This Ordinance shall not nullify the more restrictive provisions of
covenants, agreements or other ordiances or laws, but shall prevail as to
such provisions which are less restrictive.
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SECTION 18. EFFECTIVE DATE. POSTING.
This Ordinance shall be in full force and effect thirty (30) days from
and after its passage, and shall be posted within the City of the Town of
Los Altos Hills in three (3) public places.
The within Ordinance was introduced at a regular meeting of the City
Council of the City of the Town of Los Altos Hills held this 20th day of
August, 1986, and was thereafter passed and enacted at a regular meeting
of the City Council of the City of the Town of Los Altos Hills this 3rd
day of Seprtenber1986, by the following roil call vote:
AYES: Councilmember: Dronkert, Fubrman and van Tamelen
NOES: Councilmember: None
ABSENT: Councilmember: Rydell
ABSTAIN: C,OUnCihTcnber: Tryon
ATTEST:
CITY CLERK
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BY
MATT