HomeMy WebLinkAbout199ORDINANCE NO. 199
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REQUIRING
SUBMISSION TO THE CITY COUNCIL OF ALL APPLICATIONS FOR BUILDING
PERMITS, VARIANCES, CONDITIONAL USE PERMITS, GRADING PERMITS,
RENEWAL OF CONDITIONAL USE PERMITS, LOT LINE CHANGES,
SUBDIVISIONS, SITE DEVELOPMENT AND BUILDING SITE APPROVAL,
FOR REVIEW IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, BEING AN URGENCY MEASURE,
EFFECTIVE IMMEDIATELY UPON ADOPTION AND PROVIDING PENALTIES
FOR ITS VIOLATION.
The City Council of the Town of Los Altos Hills does hereby
ordain as follows:
SECTION 1. Applications To Be Reviewed.
Notwithstanding any contrary provision of the Los Altos
Hills Municipal Code or any other law, each and every application
now pending before the Town or hereafter filed, seeking a permit,
sale or lease of public land, or other entitlement, including,
without limitation, a building permit, grading permit, variance,
conditional use permit, renewal of conditional use permit, lot
line change, subdivision, site development or building site
approval shall be submitted to the City Council for review in
accordance with the California Environmental Quality Act of 1970.
SECTION 2. Recommendation By Planning Commission.
Each application of the type covered by SECTION 1 of
this ordinance which, under any other provision of Town laws, is
considered by the Planning Commission, shall be the subject of
a recommendation by the Planning Commission to the City Council
advising whether, in the opinion of the Planning Commission, the
project which is the subject of the application will have a
substantial impact on the environment.
SECTION 3. Review By City Council.
Each such application submitted pursuant to SECTION 1
hereof shall be reviewed, at such time as the business of the City
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Council permits, in accordance with the provisions of Sections
21000 at seq. of the California Public Resources Code. As to
any application which proposes a project which the Council finds
may have a significant effect (that is, any effect other than
trivial) upon the environment, the Council shall provide for
preparation and filing of an environmental impact report,
prepared in accordance with the California Environmental Quality
Act of 1970, prior to final action granting, conditionally
granting or denying the application.
SECTION 4. Statement Of Urgency.
As a result of the interpretation by the California
Supreme Court of the language of the California Environmental
Quality Act of 1970 expressed in the Court's opinion in the case
of Friends of Mammoth, et al. vs. Board of Supervisors of Mono
County, et al., being case No. Sac 7924, the Act has been made
applicable to all grants by the Town of permits, leases and other
similar entitlements for private as well as public works. The
Town, having no procedures for processing all such applications
under the Act, and being in doubt of the validity of such permits
otherwise hereafter issued, is faced with an emergency in the
discharge of its official duties, until further clarification by
the courts or by the State Legislature. The City Council hereby
finds and determines that this situation constitutes a threat to
the public health, welfare and safety and that it is therefore
necessary that this ordinance be passed as an urgency measure.
SECTION 5. Permits Void; Violation Nuisance; Penalties
For Violation.
Each permit issued contrary to the terms of this ordinance
shall be void. Every project undertaken or maintained contrary
to the terms of this ordinance shall constitute a public nuisance
and be subject to abatement as such. Every person who wilfully
ROBIN D. FAIBANT
PALO AILTO, CALIF.
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violates the provisions of this ordinance shall be guilty of a
misdemeanor and shall be punished by a fine of not to exceed
$500.00 or imprisonment in the Santa Clara County jail for not
to exceed six months, or by both such fine and imprisonment.
Each violation shall constitute a separate offense.
SECTION 6. Effective Date, Publication, Codification.
This ordinance, being an urgency measure, shall be
effective immediately upon adoption, and shall be published by
posting in three public places within the Town. Being special
in nature, this ordinance shall not be codified in the Los Altos
Hills Municipal Code.
I HEREBY CERTIFY that the foregoing ordinance was adopted
as an emergency measure at a regular meeting of the City Council
of the Town of Los Altos Hills on the 2nd day of October, 1972,
by the following roll call vote:
AYES: Councilmen Davey, Grabowski, Kubby,
Miller, and Mayor Helgesson.
NOES: None
ABSENT: None
APPROVED:
Mayor j
ROBIN D. FAISANT
P •VO. CALiF. 94304
10151 ..El -...3
ATTEST:
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