HomeMy WebLinkAbout314ORDINANCE N0. 319
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS FURTHER
AMENDING CHAPTER t ENTITLED 'ZONING' OF TITLE 10 OF THE LOS
ALTOS HILLS MUNICIPAL CODE BY AMENDING THE FOLLOWING
SECTIONS THEREOF: SECTION 10-1.223 CONCERNING THE DEFINITION
OF -FLOOR AREA-- SECTION 10-1.703 SETTING FORTH CONDITIONAL
USES ALLOWED; SECTION 10-1.1103 RELATING TO VARIANCES;
SECTION 10-1.11070) CONCERNING FINDINGS FOR CONDITIONAL USE
PERMITS; SECTION 10- 1.1107(2) CONCERNING VARIANCES, FINDINGS
AND CONDITIONS; SECTIONS 10-1.1100, 10-1.1109 AND 10-1.1111
RELATING TO EFFECTIVE DATES OF ACTIONS, APPEALS AND EFFECT
ON DENIAL ON RESUBMISSION OF AN APPLICATION, RESPECTIVELY,
AND RENUMBERING SECTION 10-1.1107(C) AS 10-1.1107(3)
The City Council of the Town of Los Altos Hills DOES ORDAIN as
follows:
SECTION 1. AMENDMENT OF CODE.
Section 10-1.223 entitled "Floor Area" of Chapter 1 entitled "Zoning" of
Title 10 of the Los Altos Hills Municipal Code is hereby amended by adding
thereto the following:
Section 10-1.223. Floor Area.
In no case shall the extended contour lines exceed the
contour lines established by the natural ground level.
SECTION 2. AMENDMENT OF CODE.
Section 10-1.703 entitled "Conditional Uses and Structures (R -A) of
Chapter 1 entitled "Zoning" of Title 10 of the Los Altos Hills Municipal Code is
hereby amended by amending the first four lines thereof to read as follows:
Section 10-1.703. Conditional Uses and Structures (R -A).
The following uses may be established in the
Residential -Agricultural District subject to the approval of the
Planning Conmmission, and the issuance of a permit thereof
pursuant to the provisions of this Chapter:
TION 3. AMENDMENT OF CODE.
Section 10-1.1103 entitled "Variances" of Chapter I entitled "Zoning" of
Title 10 of the Los Altos Hills Municipal Code is hereby amended to read as
follows:
Section 10-1.1103. Variances.
The Planning Commission or a Staff Committee, comprised
of the Zoning Administrator and the City Manager or designee shall
act as the permitting body for variance applications, as described
in Section 10-1.1107(2) of this Article. The Staff Committee or
Planning Commission shall hold a public hearing on each
application for a variance. Notice of such hearing shall be in
accordance with the provisions of Section 10-1.1105 of this Article.
All actions taken shall be in accordance with the provisions of
Sections 10-1.1106 and 10-1.1107 of this Article.
SECTION 4. AMENDMENT OF CODE.
Section 10-1.1107(1) entitled "Conditional Use Permits; Approval;
Conditions" of Chapter 1 entitled "Zoning' of Title 10 of the Los Altos Hills
Municipal Code is hereby amended to read as follows:
Section 10-1.11070). Conditional Use Permits; Approval; Conditions.
Conditional use permits may be granted only when facts are
established which support the findings required by the provisions
of this Section.
(a) Findings. Conditional use permits shall be
granted by the Planning Commission only when it is found
that:
(1) 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;
-2-
V
(2) 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 Commission, will be needed to assure that
the proposed use will be reasonably compatible with
land uses normally permitted in the surrounding area;
(3) 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
(4) The proposed use will not adversely affect
the abutting property or the permitted use thereof.
(b) 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 and this Chapter.
SECTION 5. AMENDMENT OF CODE.
Section 10-1.1107(2) entitled 'Variances; Approval; Conditions" of
Chapter 1 entitled "Zoning' of Title 10 of the Los Altos Hills Municipal Code is
hereby amended to read as follows:
Section 10-1.1107(2) Variances; Approval; Conditions:
The Staff Committee comprised of the Zoning Administrator
and City Manager or designee (herein called the 'Staff Committee")
and Planning Commission are empowered to grant variances from
the requirements of this Title. The Staff Committee or Planning
Commission shall act as the authority to grant variances as
specified in subsections (d) and (e) below.
-3-
4r
J
(a) Purpose. The purpose of the variance is to
resolve practical difficulties or undue hardships, not of the
applicant's own making, which may result from the
exceptional size, shape, topography, location or other
physical site conditions, or the use or development of
property in the immediate vicinity. In this context,
personal, family, or financial difficulties, loss of
prospective profits and neighboring violations are not
practical difficulties or hardships justifying a variance. In
some cases, the location of existing structures may result
in a practical difficulty or hardship.
(b) Findings. The Staff Committee or Planning
Commission may grant the requested variance in whole or in
part only if, from the application or the facts presented at
the public hearing, it can affirmatively find that all of the
following four requirements have been met:
(1) That, because of exceptional or
extraordinary circumstances applicable to the subject
property, including size, shape, topography, location
or surroundings, the strict application of the
provisions of this Title is found to deprive such
property of privileges enjoyed by other properties in
the vicinity and under identical zoning classification;
(2) That upon the granting of the variance, the
intent and purpose of the applicable Sections of this
Title will still be served and the recipient of the
variance will not be granted special privileges not
enjoyed by other surrounding property owners;
(3) That the granting of such variance will not
be materially detrimental to the public welfare or
M
4
injurious to the property, improvements or uses
within the immediate vicinity and within the same
zoning district,
(4) 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.
(c) 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 within the same zoning district.
(d) The Staff Committee shall act as the permitting
body for all applications involving the following:
(1) Maximum Development Area (MDA). Requests
to exceed MDA by 250 square feet or less,
(2) Maximum Floor Area (MFA). Requests to
exceed MFA by 150 square feet or less;
(3) Setbacks. Requests for encroachment into
any setback of 2 feet or less and measuring less than
150 square feet of floor area;
(4) Fences and Walls. Requests to locate fences
on the roadway side of the "reference line" defined in
Section 10-1.504(d)(1).
(e) The Planning Commission shall act as the
permitting body for all variance applications involving the
fallowing:
(1) Maximum Development Area (MDA). Requests
to exceed MDA by more than 250 square feet,
-5-
(2) Maximum Floor Area (MFA). Requests to
exceed MFA by more than 150 square feet;
(3) Setbacks. Requests for encroachment into
any setback of more than 2 feet and measuring less
than 150 square feet of floor area.
(4) Height. All requests for height envelope
encroachments, to exceed maximum height of 27 feet
and/or to exceed special height limitation of 35 feet;
(5) Others. All other variance applications not
specified above, and any applications referred to the
Planning Commission by the Zoning Administrator.
SECTION 6. RENUMBERING OF SECTION.
Section 10-1.1107(c) entitled 'Conditional Development Permits;
Approval; Conditions' of Chapter 1 entitled 'Zoning' of Title 10 of the Los
Altos Hills Municipal Code is hereby renumbered as Section 10-1.1107(3)
SECTION 7. AMENDMENT OF CODE.
Section 10-1.1108 entitled "Effective Dates of Actions of the Planning
Commission" of Chapter 1 entitled "Zoning' of Title 10 of the Los Altos Hills
Municipal Code is hereby amended to read as follows:
Section 10-1.1108. Effective Dates of Actions of the Planning
Commission.
Actions of the Planning Commission with regard to
variances, conditional 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. Actions of the Staff Committee with
regard to variances shall become final on the eleventh day
following approval or denial, unless an appeal is filed as specified
above.
SECTION B. AMENDMENT OF CODE.
Section 10-1.1109 entitled "Appeals From Decisions of the Planning
Commission and Staff Committee" of Chapter 1 entitled "Zoning" of Title 10
of the Los Altos Hills Municipal Code is hereby amended to read as follows:
Section 10-1.1109. Appeals From Decisions of the Planning Commission
and Staff Committee.
Any party aggrieved by a decision of the Planning
Commission may appeal such decision to the Council. Any party
aggrieved by a decision of the Staff Committee with regard to
variances 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 within ten (10) days after the decision
being appealed. The Council or Planning Commission shall hold a
public hearing pursuant to notification as required by the
provisions of Section 10-1.1105 of this Article.
SECTION 9. AMENDMENT OF CODE.
Section 10-1.1111 entitled "Denial; Resubmission" of Chapter 1 entitled
"Zoning" of Title 10 of the Los Altos Hills Municipal Code is hereby amended
to read as follows:
Section 10-1.1111. Denial: Resubmission.
An application for a conditional use permit, conditional
development permit, variance, or appeal which has been denied by
the Staff Committee, Planning Commission or Council which is
substantially similar to one which has been so denied may not be
-7-
resubmitted by the applicant within a period of one year from the
date of the final action.
SECTION 10. 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 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 Town of Los Altos Hills held this 16th day of septanber
1987 and was thereafter passed and enacted at a regular meeting of the City
Council of the Town of Los Altos Hills this 7th day of October , 1987,
by the following roll call vote:
AYES: Councilmember: Dronkert, Pl�, Siegel, Tryon and van Tamelen
NOES: Councilmember: None
ABSENT: Councilmember: None
ATTEST:
CITY CLER<
B
MAYOR
9187 -8-