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HomeMy WebLinkAbout239v ORDINANCE NO. 239 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS, AMENDING SECTIONS 9-4.102, 9-4.204, 9-4.205, 9-4.227, 9-4.229, 9-4.258, 9-4.501, 9-4.508, AND 9-4.712, SUBSECTION (7) OF SECTION 9-4.506, SUBSEC- TIONS (a) AND (e) OF SECTION 9-4.603, SUBSECTION (d) OF SECTION 9-4.703, THE FIRST SENTENCE AND SUBSECTIONS (a), (b) AND (c) OF SECTION 9-4.604, THE FIRST SENTENCE OF SECTION 9-4.701 AND 9-4.710; ADDING SUBSECTION (c) TO SECTION 9-4.603, AND ARTICLE XV; AND REPEALING SECTION 9-4.103, RESPECTIVELY, OF CHAPTER 4 ENTITLED "SUBDIVISIONS" OF TITLE 9 ENTITLED "PLANNING AND ZONING" OF THE LOS ALTOS HILLS MUNICIPAL CODE. The City Council of the City of the Town of Los Altos Hills does ORDAIN as follows: -1- i01 J SECTION 1. AMENDMENT OF CODE. The title of Section 9-4.102 of Chapter 4, entitled "Subdivi- sions" of Title 9 0£ the Los Altos Hills Municipal Code is amended to read as follows: Purposes and Objectives. SECTION 2. AMENDMENT OF CODE. Section 9-4.103 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is repealed. SECTION 3. AMENDMENT OF CODE. Section 9-4.204 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.204. Area, Net. "Net Area" shall mean the gross area of any parcel of land, less panhandles and all public and private easements for vehicular access within the parcel, excluding easements primarily for maintenance and emergency access. Panhandles are defined separately. SECTION 4. AMENDMENT OF CODE. Section 9-4.205 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.204. Average Parcel Slope. For any parcel, the average slope is the value 5, in percent, computed in accordance with Section 9-4.604(b)(3). -2- SECTION 5. AMENDMENT OF CODE. Section 9-4.227 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.227. Foundation Design, Pole. "Pole Foundation Design" shall be defined as a foundation de- sign which supports the main structure from the earth via the use of wooden poles or other similarly approved pole devices. The installation of this foundation design type shall result in little if any alteration of the natural contours of the building site, and shall also result in an air space beneath the lowest floor level which is unenclosed. SECTION 6. AMENDMENT OF CODE. Section 9-4.229 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.229. Frontage. "Frontage" shall mean that portion of the length of a single parcel or lot which abuts public or private road rights-of-way. SECTION 7. AMENDMENT OF CODE. Section 9-4.258 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.258. Road, Private. "Private Road" is a road, way, or street in private ownership and under -3- 3 private maintenance, not offered for dedication as a public road, way, place or street, which affords the principal means of access to one or more lots or parcels which do not have frontage on a public street. SECTION 8. AMENDMENT OF CODE. The second sentence of Section 9-4.501 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: An over-riding concern is that the proposed development and improvements will conform to the General Plan and its elements, and to any applicable special plans. SECTION 9. AMENDMENT OF CODE. Subsection (7) of Section 9-4.506 of Chapter 4, entitled "Sub- divisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.506. Form of Tentative Map and Accompanying Data. (7) A number for each lot, approximate dimensions of the lots, including frontage, depth, width and gross and net area of each lot to the nearest hundredth (.01) of an acre. Each lot shall have inscribed therein a circle, one hundred sixty feet (160') in diameter, which includes a building site. -4- SECTION 10. AMENDMENT OF CODE Section 9-4.508 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended by changing Section 9-4.504 appearing in the first sentence thereof to read Section 9-4.505. SECTION 11. AMENDMENT OF CODE. Subsection (a) of Section 9-4.603 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.603. Preparation of Tentative Lot Design and Development Plans. (a) Each lot shall contain a one hundred sixty foot (160') circle inscribed totally within its boundaries. In addition to containing a building site, said circle shall have its general location determined by the following: SECTION 12. AMENDMENT OF CODE. Section 9-4.603 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended by relettering subsections (c) to (t), inclusive, thereof as sub- sections (d) to (u), respectively, and by adding a new subsection (c) thereto to read as follows: 915 it V Section 9-4.603. Preparation of Tentative Lot Design and Development Plans. (c) Each lot shall contain an area of at least one (1.00)net acre within which no straight line exceeding 350 feet can be drawn. SECTION 13. AMENDMENT OF CODE. Subsection (e) of Section 9-4.603 of Chapter 4, entitled "Sub- divisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.603. Preparation of Tentative Lot Design and Development Plans. (e) Gross and net acreage of each individual lot to the nearest hundredth (0.01) of an acre which may be based on the calculation of the gross and net acreage of the entire parcel. SECTION 14. AMENDMENT OF CODE. The first sentence and subsections (a), (b) and (c) of Section 9-4.604 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby are amended to read as follows: Section 9-4.604. Lot Size and Requirements. The provisions of this section are minimum require- ments for parcels used or intended to be used for primary uses. Other ordinances of the City may impose standards requiring substantially larger parcels. -6- 460 (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 average area of parcels or lots created in any sub- division, after May 16, 1972, shall not be less than the following: (1) Where the average slope of the parcel to be subdivided is greater than ten percent (108), but not greater than forty-five percent (458), the average net lot area shall not be less than "a" as determined by the following formula: a = 1 where "S" is the average 1-.02143 (S-10) slope of the parcel in percent as defined in subparagraph (3) below. (2) Where the average slope of the parcel to be subdivided is greater than forty-five percent (458), the following provisions shall be adhered to: (i) The number of lots and average net lot area 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 9-4.102. (ii) As a guideline, the formula provisions set forth in subparagraph (1) of this subsection (b) will be used by the Planning Commission to determine the -7- 4 V the adequacy of the average net lot area of subdivi- sions having average slopes up to and including 508. (iii) In no case shall the average net lot area be less than the area required by the provisions of sub- paragraph (1) of this subsection (b) for a slope of forty- five percent (458). (3) For the purpose of subparagraphs (1) and (2) of this subsection, the average slope of a parcel to be subdivided shall be determined according to the formula S = .00229 IL where: A (i) S is the average slope in percent; (ii) I is the contour interval in feet; (iii) L is the combined length of contour lines in scale feet within the gross area; and (iv) A is the gross area in acres of the parcel to be subdivided. (4) The topographic base map used to provide the above information shall meet the requirements for tenta- tive subdivision maps as set forth in Section 9-4.603 of this Chapter. Any portion or portions of a parcel to be subdivided which have a natural slope greater than fifty-five percent (558) may, as an option of the appli- cant be assigned a slope of fifty-five percent (558) for the purposes of computing the average slope of the entire parcel. This option does not apply to artificial cut and fill slopes. am 460 V (5) Any proposed lot which is large enough to be further subdivided pursuant to the provisions of subparagraphs (1) and (2) of this subsection (b) shall be excluded in computing the average slope and average net lot area in the balance of the subdivision. (6) It is intended that the flexibility in indi- vidual lot sizes permitted by the provisions of this Chapter shall be used for the purpose of maximizing the inherent usefulness of each lot as a superior building site and in adjusting the overall subdivision to natural conditions, terrain and the surrounding neighborhood. Generally, within a subdivision, lot size shall increase with in- creasing slope in order to achieve optimum overall subdivi- sion design and the objectives given in Section 9-4.102. The Planning Commission shall review the size of individual lots to determine compliance with this intent. (7) Once a final subdivision map has been recorded for a subdivision, 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 (b). Lots not included in the total net acreage used in determining average lot area, as provided for in subparagraph (5) of this subsection (b), may be further divided subject to the provisions of this Chapter and other laws of the City. (c) An exception shall be permitted in a proposed subdivision creating not more than three (3) lots where the parcel proposed to be `r J subdivided was formed prior to the Incorporation of the City. For slope density calculations, the area (A) shall be computed from the existing right-of-way line, except when the existing right-of-way is less than forty feet (401), 3n which case the area (A) shall be com- puted from a line twenty feet (201) from the center line of the existing right-of-way. SECTION 15. AMENDMENT OF CODE. The first sentence of Section 9-4.701 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.701. Purpose. The purpose of this Article is to establish basic road design standards that meet the requirements of Section 9-4.102 and seek to balance the necessity for safe roadways which provide adequate immediate and long term circulation while simultaneously causing the least modification to the native state of lands. SECTION 15. AMENDMENT OF CODE. Subsection (d) of Section 9-4.704 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.703. Rights-of-way. (d) Minimum rights-of-way widths shall be as follows: -10- V Type of Road Arterial Road Arterial Road, Hillside Collector Road Collector Road, Hillside Local Road Local Road, Hillside Cul-de-sac Cul-de-sac, Hillside Fire or Emergency Road SECTION 17. AMENDMENT OF CODE. %' Minimum Right -of -Way Sixty feet (60') Sixty feet (60') Sixty feet (60') Sixty feet (60') Sixty feet (60') Fifty feet (50') Forty feet (40') Forty feet (40') Variable The first sentence of Section 9-4.710 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.710. Turning Circles. Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than thirty-two feet (32') and a right of way radius of forty feet (40'), except that in mountainous or hillside areas the roadway radius may be reduced to twenty- two feet (221), and the right-of-way radius to twenty- eight feet (28'). SECTION 18. AMENDMENT OF CODE. Section 9-4.712 of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 9-4.712. Private Roads. Private roads are permitted provided the following requirements are met, (a) The road is not a through road and there is clear assurance it will remain so in the future. It cannot remain =am 4 private if it becomes a through road. (b) All lots served by the private road are included in a road maintenance agreementwhich runs with the land and is acceptable to the City Attorney. SECTION 19. AMENDMENT OF CODE. Article XV hereby is added to Chapter 4, entitled "Subdivi- sions" of Title 9 of the Los Altos Hills Municipal Code, to read as follows: ARTICLE XV. Conditional Exceptions. Section 9-4.1501. Commission Recommendations. The Plan- ning Commission may recommend for Council approval condi- tional exceptions from the provisions of this Chapter - when, in the opinion of the Planning Commission undue hardship may result from the strict compliance with the provisions of this Chapter, and an exception would not be contrary to the public interests. In making its findings, the Planning Commission shall consider the existing land use of the area, the nature of the proposed use of the land, and the effect on traffic conditions probable therefrom. However, no conditional exception shall be recommended for Council approval unless the Planning Commission finds: (a) That there are special circumstances or conditions affecting such property so that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land; and -12- V (b) That, by granting the conditional exception applied for, any other landowner shall not be deprived of the reasonable use of his land nor be subjected to undue burdens or hardships or be deprived of any material use or enjoyment of his property. Section 9-4.1502. Council Consideration and Notices. Upon the receipt of the recommendation for a conditional exception from the Commission, the Council shall, at its next regular meeting, act upon the recommendation and either approve, disapprove, or conditionally approve such recom- mendation. Before any Council action is taken following the recommendation of the Planning Commission for a conditional exception, the subdivider shall have two (2) days' notice of the meeting and intended action. Notice shall also be given to any person who appeared at the hearing of the Planning Commission and filed with the City Clerk a request for such notice. SECTION 20. 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 circumstance, 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 application of the remaining -13- V portions of this Ordinance, or any part thereof, which can be given effect without the invalid portion or application. The City Council hereby declares that it would have passed each sec- tion, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffec- tive. SECTION 3. URGENCY MEASURE. The immediate preservation of the public safety, health and welfare requires the adoption of this Ordiance as an urgency mea- sure. The facts constituting the need for such action are: The City of the Town of Los Altos Hills has undertaken a study of the subdivision regulations of the Town, among others, to determine inadequacies therein and the consistency or lack thereof with the General Plan of the Town. In order to provide current regulations in the areas of form of tentative maps, lot design and development plans, size and requirements of lots, slope density requirements, road widths and a procedure for granting conditional exceptions, the City Council of the City of the Town of Los Altos Hills has caused to be prepared modifications of local subdivision regulations which the City Council has determined to be appropriate and necessary, and which have been adopted as part of the within Ordinance. In order that the foregoing regulations be available without delay to be used by the property owners within the Town now -14- desiring to commence development of their respective properties, It Is necessary that the foregoing regulations be effective Immediately. Therefore, this Ordinance is declared to be an Ordinance adopted as an urgency measure and Is to be effective January 4, 1978. This Ordinance shall be posted within the Town of Los Altos Hills In three (3) public places. Approved at a regular meeting of the City Council January 4, 1978, by the following roll call vote. AYES: Mayor Brown, Councilmembers Cheney, Hillestad, McReynolds and Proft. NOES: None. ABSENT: None. APPROVED: I HEREBY CERTIFY that the foregoing Ordinance was Introduced, passed and adopted at a regular meeting of the City Council of the City of the Town of Los Altos Hills held on the 4th day of January, 1978. City Clerk -15-