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HomeMy WebLinkAbout292%W W ORDINANCE NO. 292 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 (15) FEET IN AN R -A RESIDENTIAL -AGRICULTURAL DISTRICT The City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, DOES ORDAIN as follows: SECTION 1. FINDINGS AND DECLARATION OF INTENT. (a) The City Council finds: 1. Construction or conversion of structures exceed- ing a height of fifteen (15) feet is occurring more and more fre- quently within the City of the Town of Los Altos Hills (herein referred to as the "Town"). 2. The proliferation of structures exceeding fifteen (15) feet in height whether by new construction or conversion of existing structures, tends to cause (i) Obstruction of light, air, and view of adjacent properties; (ii) Situations of potential invasion of privacy into adjacent properties; (iii) Structures to take on an excessively bulky and massive appearance, out of character with existing structures in the community and the principles of the General Plan of the Town. 3. The existing provisions of Section 9-5.503 of the Zoning Ordinance of the Town, which provides for a maximum build- ing height of thirty (30) feet in the R -A. Residential -Agricultural +r W Zoning District, do not presently provide adequate safeguards to pro- tect neighboring property owners from the construction of structures unreasonably close to the maximum building height presently allowed existing structures. (b) The City Council together with its Planning Commission and Planning Officer are now studying methods of mitigating or elim- inating the potentially adverse effects caused by height as described above, and the question of whether to amend the Zoning Ordinance and land use regulations of the Town, to adopt new and additional regula- tions concerning the maximum building height to be allowed for structures hereafter constructed or converted in the R -A Residential - Agricultural Zone. (c) The City Council is now studying the maximum building height of thirty (30) feet presently allowed in the R -A Residential - Agricultural District on the basis of the effect of the building height on sound community planning, including the overall impact on properties within this zoning district including but not limited to the following: neighborhoods, streets, traffic, parking and other community resources, together with the effect of the building height on the economic, ecological, social and aesthetic qualities of the City, and on the public health, safety and general welfare of the residents of the Town residing within this Zoning District. (d) In all likelihood a comprehensive set of new and different zoning and land use regulations concerning the maximum height of structures in the R -A Residential -Agricultural District will be proposed for adoption. The uses of real property for con- -2- V vi struction of structures or conversion of existing structures to a height in excess of fifteen (15) feet in height and which may occur between now and the date when new and different zoning and land use maximum height regulations for the R -A Residential -Agricultural District are adopted may be in conflict with each other, and would adversely affect the result and utility of the studies made and the possible implementation thereof, and otherwise would be contrary to the general welfare of the Town. (e) In order to avoid the frustration of any new zoning and land use regulations concerning maximum building heights in the R -A Residential -Agricultural District which may be adopted in the future and for the purpose of protecting the public health, safety, and welfare, the City Council finds that it is necessary to adopt the regulations set forth in this Ordinance. SECTION 2. PURPOSE. The purpose of this Ordinance is to require that the construction of structures or the conversion of existing structures to a height in excess of a maximum of fifteen (15) feet in an R -A Residential - Agricultural Zoning District may not be undertaken until approval of such construction in the manner set forth in this Ordinance is first obtained from the Town. SECTION 3. EXCEPTION. Applications for site development approval or for a building permit in connection with the construction of any structure or for the con- version of any existing structure in excess of a maximum height of fifteen (15) feet which were actually received and filed by the Town after having been determined to be complete applications, and for -3- W %W which all applicable fees had been paid on or before January 31 1985, shall not be subject to the provisions of this Ordinance. SECTION 4. SPECIAL LAND USE PERMIT. The use of real property which is zoned as R -A Residential - Agricultural District for the construction of a structure or conver- sion of an existing structure in excess of a maximum height of fifteen (15) feet, as measured under Section 9-5.503 of the Los Altos Hills Municipal Code, shall not be permitted without a special land use permit having been first issued by the City of the Town of Los Altos Hills, in accordance with the permit procedures set forth in this Ordinance. The Los Altos Hills Building Official is ordered and directed to refuse to issue a building permit after January 31 1985, for any use described herein until or unless a special land use permit for the use has been issued. SECTION 5. SPECIAL LAND USE PERMIT PROCEDURE. (a) An application for a land use permit shall be filed, a hearing thereon set and notice thereof given in the manner provided in Section 9-5.1104 of the Los Altos Hills Municipal Code. (b) At the time of holding the hearing on an application, the City Council shall hear all persons interested in the matter. The applicant has the burden and shall offer competent evidence in support of his application sufficient to enable the Council to con- sider the matter and to make findings. In acting on an application, the City Council shall consider: (i) The effect which the proposed use has on the comprehensive zoning and land use regulations which the Council cur- -4- W r rently has under study. (ii) The likelihood that the proposed use will con- flict with or be compatible with the proposed comprehensive regulations. property. (iii) The effect upon the orderly development of (iv) The preservation of property values and the protection of the tax base. (v) The effect on the neighborhood. (vi) The likelihood of a nuisance being created. (vii) Special conditions or exceptional characteris- tics of the property and its location or surroundings. (viii) Any other matters relevant to the inquiry. (c) The City Council may not grant a special land use permit unless it finds that the following general conditions exist. (i) The establishment and maintenance of the use applied for conform with the comprehensive zoning and land use regula- tions being studied, or which the Council intends to study within a reasonable time. (ii) The proposed use will not under the circum- stances of the particular case be a nuisance or be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the neighborhood. (iii) The proposed use is not detrimental or in- jurious to property and improvements in the neighborhood and is appropriate to the location, the lot and the neighborhood. 6fl %W .r (d) If the City Council grants a special land use permit, it may impose any condition which it considers necessary to avoid conflict with the proposed comprehensive zoning and land use regu- lations under study. (e) The City Council shall make its findings and decision within ten (10) days after it orders the matter submitted to it for decision. (f) If the City Council denies the application, the applicant may not file a new application for substantially the same thing for a period of forty-five (45) days from the date the City Council takes action. SECTION 6. URGENCY AND EFFECTIVE DATE. This Ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health and general welfare. The facts constituting the urgency are these. The City of the Town of Los Altos Hills has commenced a study to determine whether to amend its existing zoning and land use regula- tions and to adopt a comprehensive set of new and additional zoning and land use regulations, respectively, concerning the maximum height of structures in the R -A Residential -Agricultural District. In order to regulate the use of real property within the City of the Town of Los Altos Hills for construction or conversion of structures in excess of a maximum of fifteen (15) feet in height and which may be in con- flict with the new and additional comprehensive zoning and land use regulations which the City Council, Planning Commission and the Planning Officer are studying now, the adoption of this Ordinance is necessary. This Ordinance is adopted under the provisions of Section 65858 of the Government Code. This Ordinance takes effect immediately. This Ordinance shall remain in full force and effect for forty- five (45) days from the date of its adoption. SECTION 7. POSTING. This Ordinance shall be posted within the City of the Town of Los Altos Hills in three (3) public places and shall become effective upon its adoption. PASSED AND ENACTED as an Urgency Measure at a regular meeting of the City Council of the City of the Town of. Los Altos Hills this 30th day of January , 1985, by the following roll call vote: AYES: Councilmember: Allison, Dronkert, PUhran and Rydell NOES: Councilmember: None ABSENT: Councilmember: van Tamelen By ATTEST: CITY CLERK -7-