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HomeMy WebLinkAbout149ORDINANCE NO. 149 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING ORDINANCE NO. 98 OF SAID TOWN AS AMENDED, BY ADDING THERETO PROVISIONS AND REGULATIONS RELATING TO SLOPE DENSITY AND TO OPEN SPACE RESERVE ZONES THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 78 of the Town of Los Altos Hills, adopted by the City Council on the 4n day of December, 1961, is hereby amended as follows: a. There is hereby inserted, at the end of Section 1:10, the word "Hills." b. Subsection 1:20 is hereby repealed and there is hereby substituted in the place and stead thereof, the following: "7:20 Purpose. This zoning ordinance is adopted to protect and guide the _ growth and expansion of the Town of Los Altos Hills 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 assur- ing adequate light, pure air, safety from conflagration and disaster; to promote the smooth flow of traffic; fp provide adequate residential off-street parking facili- ties; to protect the community against excessive storm water run-off, soil erosion, earth movement, earthquake and other geologic hazards; to minimize silting of drains and drainage.channels; to preserve and enhance the natural beauty of the community; and to solve other conditions arising from concentration of the population." c. Section III is hereby repealed and there is hereby substituted in the place and stead thereof, the following: "SECTION III. Establishment of Zoning Districts and Adoption of Zoning Al2- • — 3:10 Establishment of Districts. (A) The following classes of use districts are hereby established: (1) R --A (Residential -Agricultural) (2) OSR (Open Space Reserve) (B) In every case where any land has not been specifically included within a district, or if any district is determined to be invalid or inapplicable, such land is hereby declared to be in an R -A district until otherwise classified. 3:20 Zoning Map. A map entitled "Zoning Map for the Town of Los Altos Hills, California," is made a part of this ordinance and designated as Section 3:20(A). The districts established by Section 3:10 and the boundaries thereof are shown upon the map. If changes are made in district boundaries or other matter portrayed on the zoning map, such changes shall be made on the zoning map promptly after the amendment has been approved by the City Council, together with an entry Q on the zoning map indicating the ordinance number authorizing such change and the date upon which such change becomes effective. 3:20(A) Zoning Map. 3:30 Boundaries. Wherever any uncertainty exists as to the bound- ary of any district as shown on the zoning map, the following regulations shall ,ontrol: a. Where a boundary line is indicated as following a street or alley, it shall be construed as following the center line thereof. 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 owner- ship, 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 written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the purposes of this ordinance." d. Subsection 8:10 is hereby repealed, and there is substituted in the place and stead thereof, the following: 1,8:10 Lot Area. The lot area regulations set forth below are minimum requirements for lots used or intended to be used for dwellings. Other ordinances of the Town may impose standards requiring substantially larger lots thereby reducing the number of lots possible in a subdivision. (A) Minimum Lot Area. No lot shall have a net area less than 43,560 square feet and no lot shall be occupied by more than one primary dwelling unit. (B) Slope -Density Requirements. In addition to the requirement of Section 8:10(A) above, the average area o ots creatod in any subdivision after October 3, 1968, shall not be less than as specified below: (1) Where the average slope of the parcel to be subdivided is greater than 10.0%, but not greater than 40.0%, the average net lot area shall not be less than "a" as determined by the formula a= 1 , where "S" is the average slope of the parcel in percent. 1-.0177 s-10 (2) Where the average slope of the parcel to be subdivided is greater than 40.0% the average net lot area shall not be less than two acres. (3) For purposes of calculating the allowable number of lots in any subdivision, no lot which could be further subdivided under provision; 8:10(B)(1) and (2) shall be included in the net total acreage used in determining the average net lot area for the remainder of the subdivision. -2- (4) For the purpose of Sections 8:10(B)(1) and (2) the average 29 L slope of a parcel or lot shall be determined according to the formula S A where: S is the average slope in per cent, I is the contour interval in feet, L is the combined length of contour lines in scale feet, A is the gross area in acres of parcel or lot as applicable. A topographic base map shall be used in meeting the requirements for tentative subdivision maps as specified in the Subdivision Ordinance. Measurement along con- tours shall be made at contour intervals not to exceed ten feet. (5) 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 pursuant to Sections 8:10(B)(1) and (2). Lots not included in the total net acreage used in determining average lot area, as provided for in Section 8:10(B)(3), may be further divided subject to provisions of this and other Town ordinances." e. Section kr is hereby repealed, and Section IV is hereby renumbered to be Section XV, and there is added, to the end of said Section, a new subsection to read as follows: 1?15:50 Action Contrary to Ordinance. Any permit, certificate or license issued in conflict with the provisions of this ordinance shall be null and void." f. There is hereby added a new Section IV as follows: "SECTION IV. Regulations for OSR Districts. 4:10 Primary Uses. The following primary uses are permitted: a. Agricultural uses including horticulture and grazing, but excluding structures. b. Forest preserves. c. Other open space uses. 4:20 Trees and Shrubs. (see Section. XI)" g. Section V is hereby repealed and there is substituted in the place and stead thereof the following: "SECTION V. Regulations for R -A Districts. 5:10 Primary Uses. The following primary uses are permitted: a. Primary dwellings. b. Agriculture. -3- Q 4 5:20 Accessory Uses and Structures. The following types of accessory uses and structures are permitted: a. Home Occupaon. Where the use is entirely subordinate to the primary use of the premises .1or the home of a family. Where there are no retail sales on the premises, there is no advertising of any kind visible from off the premises, and no evidence from off the premises of the business, where no parking more than normally required for a residence is permitted and not over one assistant ou^.side the family unit is employed. The raising on the premises of agricultural products and sale thereof is expressly excepted from the provisions of this Ordinance, but is subject to reasonable regulations by the Town of Los Altos Hills. b. Private Incinerators. Private incinerators for burning of refuse and garbage produced on the same premises, provided that the construction is such as to assure immediate and complete combustion and freedom from offensive smoke, ash, unburned particles, and odors, and permit therefor is granted by the Fire District having jurisdiction over the area, and under the regulations thereof of the Town of Los Altos Hills. c. Walls and Fences. Walls or fences may be constructed within the confines of a lot or contiguous lots, but not exceeding a maximum height of six feet (61) within twenty-five feet (25') of the property line nor a maximum height of three feet (39 in an area bounded by the centerline of intersecting roads or easements for vehicular access, Public or Private, and a straight line joining pointe on these centerlines eighty feet (801) distant from their intersection. The purpose of this requirement is to provide an unobstructed view of approaching traffic on the intersecting roads. The Planning Commission may prescribe greater restrictions on the heights or distances specified in this Section when unusual conditions make such additional restrictions desirable in the interest of public safety. d. House Number Signs. A sign not more than one and one-half (1%2) square feet in area bearing the house number and name of occupant or a name desig- nated other than one of a commercial purpose. e. Accessory Buildings. Accessory Buildings may be constructed only in accordance with setback requirements as hereinafter provided in this Ordinance. An accessory building may be erected prior to the construction of the main build- ing only if it is agreed that the win building shall be completed within three (3) years from the date of issuance of the permit for the accessory building. A temporary accessory building must be removed within thirty (30) days after the completion of the main building, or within eighteen (18) months of the issuance of a permit for the accessory building, whichever is the earlier date. f. Private Stables. No structure designed or used for occupancy by hoofed animals may be constructed or maintained within thirty feet (3G!) from the property line. In other than agricultural uses, a maximum of two (2) hoofed animals per acre shall be permitted, provided the conditions are satisfactory to the Santa Clara County Department of Health or such other agency as may be in charge of health standards for the Town of Los Altos Hills. 5:30 Conditional Uses and Structures. In addition to uses permitted, the following uses may be established subject to the recommendation of the Planning Commission and to the approval of the City Council and the issuance of a permit therefor pursuant to the regulations herein contained: a. Public Libraries. b. Churches. Churches and other places of worship, but not including funeral chapels or mortuary chapels. c. House Trailers. Trailers may not be used as priaary or secondary dwellings. A temporary permit for use as a dwelling for not more than thirty (30) days in any calendar year may be issued by the City Clerk upon certi- fication that the use pursuant thereto shall be by a bona fide non-paying guest, but in all events applicable to setback requirements shall be strictly enforced. d. Recreational Facilities. Recreational or community center buildings, ground for games and sports, except those customarily carried on pri- marily for profit. e. Nurseries. Day nurseries, kindergartens. ,f. Public Schools. g. Private Schools. h. Public Utility and Service Uses. Permits will be required for all public utility and service uses except that distribution and transmission lines will not require a Conditional Use Permit or a Building Permit, provided, however, that proposed routes of all electrical distribution lines carrying current in excess of 15KV, or the location of public utility structures requiring rights - of -may of thirty feet (309 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 commence until said approval shall have been received. i. Fire Stations. j. Police Stations. K. Secondary Dwellings. Subject to applicable provisions of this or other ordinance, there shall be permitted one (1) secondary dwelling on each parcel of land in one (1) ownership which is of at least one (1) acre in net area Where any such parcel contains less than one and ninety-nine hundredths (1.99) acres in net area, no kitchen plumbing or other kitchen facilities of any kind shall be maintained or installed in any secondary dwelling, and such dwelling shall be used only as a temporary residence for bona fide non-paying guests of the resi- dents of the dwelling on the same parcel. 5:40 Area, Coverage and Building Limitations. (see Section VIII) 5:50 Setbacks. (see Section IX) 5:60 Parking. (see Section X) 5:70 Trees and Shrubs. (see Section XI)." -5- h. Sections VI and VIZ are hereby repealed, and there is inserted in their place the expression "Not Used". i. There is hereby deleted, from the title of Section XIII, the word "excep- tions" and there is added thereto the word "APPEALS". j. Subsection 13:60 is hereby repealed, and there is hereby substituted in the place and stead thereof the following: "13:60 Findings and Conditions. Variances or conditional use permits may be granted only when facts are established which support the findings required by this section. Conditions may be attached to any approved applications in order to secure the purposes -,of this ordinance. (A) Variances. (1) Variances from the terms of the zoning ordinance may be granted only when it is found that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (2) Every variance granted may be subject .to such conditions as will assure that the adjustment thereby authorized shall rot constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone or district in which such property is situated. (B) Conditional Use Permits. (1) Conditional Use permits may be granted only when it is found that: (a) The proposed use or facility is properly located in relation to the community as a whole, land uses, transportation and service facilities in the vicinity. (b) 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, landscaping and such other features as may be required by this ordinance or in the opinion of the Commission be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area. (c) The site for the proposed use will be served by streets and highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use. (d) 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." M j SECTION 2. Ordinance No. 138 adopted by the City Council of the Town of Los Altos Hills on April 1, 1968, is hereby repealed. SECTION 3. Except as hereby amended, said Ordinance No. 78 is hereby readopted and shall be and remain in full force and effect. SECTION 4. This ordinance shall be posted in three public places within the Town of Los Altos Hills and shall become effective thirty (30) days following its adoption. I HERESY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills on August 19, 1968, and was thereafter at a regular adjourned meeting of said council, held on the 3rd day of September, 1968, passed and adopted by the following roll call vote: AYES: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken NOES: None ABSENT: None ;;PPROVED: y ROSS AIKEN Mayor Ord. #149 9/3/68 -7- ATTEST: /s/ D IS R. LAHR City Clerk