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HomeMy WebLinkAbout207:. 11, (41110 4 ORDINANCE NO. 207 AN ORDINANCE OF THE CITY COUNCIL OF THE TOPM OF LOS ALTOS HILLS AMENDING PORTION OF CHAPTER 5 (ZONING) OF TITLE 9 OF THE LOS ALTOS HILLS MUNICIPAL CODE. The City Council of the Town of Los Altos Hills does hereby ordain as follows: SECTION 1. Chapter 5 of Title 9 of the Los Altos Hills Municipal Code is hereby am.znded to read as follows: CHAPTER 5. ZONING ARTICLE I. TITLE, SCOPE, PURPOSE AND INTERPRETATION SEC. 9-5.101. TITLE This chapter shall be known and may be cited as the "Zoning Law of the Town of Los Altos Hills". SEC. 9-5.102. SCOPE The provisions of this chapter are not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, or with private restrictions placed upon property by covenant, deed, or other private agree- ment, or with restrictive covenants running with the land to which the Town is a part. Where the provisions of this chapter impose a greater restriction upon land, buildings, or structures than is imposed or required by such existing provisions of laws, covenants, contracts, or deeds, the provisions of this chapter shall control. SEC. 9-5.103. PURPOSES The provisions of this chapter are adopted to protect and guide the growth and expansion of the Town 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 assuring adequate light, pure air, and safety from conflagration and disaster; to promote the smeoth flow, of traffic; to provide adequate residential off-street parking facilities; to protect the community against excessive storm water runoff, soil erosieu, earth movement, and earthquake and other geologic hazards; to minimize the silting of drains and drainage channels; to preserve and enhance the natrual beauty of the community; and to solve other conditions arising from the concentration of the population. SEC. 9-5.104. INTERPRETATION In their interpretation and application, the provisions of this chapter shall be held to be the mininum requirements adopted for the promotion of the public health, safety, and welfare. ARTICLE 2. DEFINITIONS SEC. 9-5.201. SCOPE For the purposes of this chapter, unless otherwise apparent from the cont:xt, V V certain words and phrases used in this chapter are defined as set forth in this article. SEC. 9-5.202. ACCESSORY USE OR ACCESSORY STRUCTURE "Accessory use" or "accessory structure" shall mean a subordinate use or subordinate structure customarily incident to and located on the same lot with the primary use. SEC. 9-5.203. AGRICULTURE "Agriculture" shall mean and include animal husbandry, livestock farming, flower growing, crop and tree farming, and viticulture. SEC. 9-5.204. ALTERATION "Alteration" as applied to a building or structure, shall mean a change or re- arrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. SEC. 9-5.205. AREA, GROSS "Gross area" shall mean the total area included within the boundaries of any parcel of lard, which bourdsries are specified in the deed to the property. SEC. 9-5.206. AREA, NET "Net area" shall mean the gross area of any parcel of land less all public and private easements for vehicular access not for the exclusive use of the parcel on which such easements are located. SEC. 9-5.207. BASEMENT "Basement" shall mean a space partly or wholly underground and having more than one-half (1k) its height, measured from its floor to its ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six (6') feet above grade at any point, such basenent shall be considered a story. SEC. 9-5.203. BUILDING "Building" shall mean a stricture having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. SEC. 9-5.209. BUILDING HEIGHT "Building height" shall mean the vertical distance from the average contact ground ievel of the building to the highest point of the structure. SEC. 9-5.210. BUILDING LINE "Building line" shall mean the line along which the vertical surface of a builds- intersects the ground. If the overhang exceeds four (4') feet, the building line shall be assumed as four (4') feet back from the extreme point of the overhang. -2- 4 SEC. 9-5.211. CLUB, RECREATIONAL "Recreational club" shall mean a club or recreational facility operated by a nonprofit organization. SEC. 9-5.212. CONVENT "Convent" shall mean a residence facility for participants in a religious order or organization; provided, however, no money or other consideration shall be required to be paid by the residents to the proprietor. SEC. 9-5.213. DWELLING, PRIMARY "Primary dwelling" shall mean a building designated and/or customarily used as a residence by not more than one family and situated on a parcel on which no other primary dwelling is located. SEC. 9-5.214. DWELLING, SECONDARY "Secondary dwelling" shall mean a building intended for occupancy, or occupied, by not more than one family, which building is erected or maintained on land in one ownership upon which land is separately erected or maintained a primary dwelling. Said secondary dwelling shall be subordinate to the primary dwelling and shall have a gross floor area not to exceed 1,000 square feet or 40% of the gross floor area of the primary dwelling, whichever is greater. SEC. 9-5.215. FAflILY "Family" shall mean one person living alone, or two or more persons all related to eachother by blood, marriage, or legal adoption, together with necessary domestic employees, or a group not exceeding four persons living as a single household unit. SEC. 9-5.216. FLOOR AREA, GROSS "Gross floor area", for the purpose of determining the ratio of the floor area of a building to the area of the parcel, shall mean the sum of the gross horizontal areas of the several floors of the building, excluding areas used for accessory uses and garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures, such as enclosed porches. SEC. 9-5.217. FRONTAGE "Frontage" shall mean all property abutting one side of a road. SEC. 9-5.218. GARAGE, PRIVATE "Private garage" shall mean a building or an accessory to a main building providing for the storage of automobiles. SEC. 9-5.219. HONE OCCUPATION "Nome occupation" shall mean an occupation carried on by the resident of a dwelling as a secondary use of the premises. -3- f SEC. 9-5.220. HOUSE TRAILER "House trailer" shall mean any vehicle or structure designed and constructed in such a manner as will permit the occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business, profession, occupation, or trade, or any use, as selling or advertising, devised and so designed that the vehicle or structure is or may be mounted on wheels and used on highways conveyed or drawn by its own or other motive power. SEC. 9-5.221. LOT "Lot" shall mean a portion of land shown as a unit on a recorded Parcel or Sub- division Hap. SEC. 9-5.222. LOT, CORNER "Corner lot" shall mean a lot abutting on two (2) or more intersecting roads. SEC. 9-5.223. PARCEL A "Parcel" consists of all contiguous land held in one ownership as indicated in the records of the County Recorder except that each lot of record which is exempted from the area requirements of this Code by Sec. 9-5.501(c) may be considered a separate parcel. SEC. 9-5.224. ROAD, PUBLIC "Public road" shall mean a road which has been dedicated or deeded to the public for public use and which road may or may not have been accepted for maintenance. SEC. 9-5.225. SETBACK BUILDING LINE "Setback line" shall mean a line established by the provisions of this chapter to govern the placement of structures with respect to right-of-way lines, or property lines. SEC. 9-5.226. STABLE "Stable" shall mean a building used for housing hoofed animals. SEC. 9-5.227. STRUCTURE "Structure" shall mean anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, including swimming pools and tennis courts, but not including driveways, patios at grade, underground utility facilities, and vehicles designed and used only for trans- portation of people and goods. SEC. 9-5.228. STRUCTURE, NONCONFMING "Nonconforming structure" shall mean a structure, or a portion thereof, which no longer conforms to the site area, coverage, setback or other open space, height, or other regulations prescribing physical development standards for the district in which such structure is located. 10 e SEC. 9-5.229. USE "Use" shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained SEC. 9-5.230. USE, NONCONFORMING "Nonconforming use" shall mean a building or land occupied by a use which does not conform to the regulations for the district in which such building or land is situated. ARTICLE 3. ESTABLISHMENT OF DISTRICTS AND GENERAL PROVISIONS SEC. 9-5.301. ESTABLISHED The following use districts are hereby established: (a) Residential -Agricultural (R -A); and (b) Open Space Reserve (OSR). SEC. 9-5.302. ZONING MAP The districts established by Section 9-5.301 of this article and the boundaries thereof are shown upon that certain map entitled "Zoning Map for the Town of Los Altos Hills, California", which map and all notations and information thereon are adopted by reference and made a part of this chapter as though set forth in this chapter in full. The zoning map, for convenience, may be divided into section maps, and each such section map may be separately referred to or amended for the purposes of amending the zoning map. The zoning map and each of its section maps, anu the notions, referen- ces, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such maps were all fully described in this chapter. SEC. 9-5.303. AMEHU6IENTS TO THE ZONING MAP (a) The zoning map of the Town is hereby amended to rezone that portion of the Residential -Agricultural District shown upon that certain map marked "Exhibit A" and attached to Ordinance r1o. IEl of the Town from Residen;;icl Agricultural District to Open Space Reserve District. (b) The zoning map of the Town is hereby amended to rezone that portion of the Residential -Agricultural District shown upon that certain map marked "Exhibit A" and attached to Ordinance No. 157 of the Town from Residential -Agricultural District to Open Space Reserve District. SEC. 9-5.304. ZONING MAP: NOTATIONS OF AMENDMENTS If changes are made in district boundaries or other matters portrayed on the zoning map, such changes shall be made on the zoning map promptly after the amendment has been approved by the Council, together with an entry on the zoning map indicating the ordinance number authorizing such change and the date upon which such change becomes effective. -5- SEC. 9-5.305. UNCERTAINTIES IN BOUNDARIES Wherever any uncertainty exists as to the boundary of any district as shown on the zoning map, the following rules shall control: (a) Where a boundary line is indicated as following a street or alley, the boundary line shall be construed as following the center line of such street or alley. (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 ownership, the boundary line shall'be determined by the use of the notation or scale designated on the map. (d) Where further uncertainty exists, the Board of Planning Administration, upon a 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 chapter. SEC. 9-5.306. PREZONING ADJOINING UNINCORPORATED LANDS AND ZONING OF ANNEXED LANDS Adjoining lands in unincorporated territory may be prezoned by amending the zoning map to include such land in a zoning district category. In the event any pre- zoned lands are subsequently annexed to the Toem, the zoning indicated on the map shall become effective at the time of annexation. All other lands annexed to the Torn shall be in the OSR district until otherwise classified. SEC. 9-5.307. UNCLASSIFIED LAND 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 the Residential -Agricultural District until otherwise classified. SEC. 9-5.303. BUILDING MOVING No building shall be moved onto any site in the Town except by a permit granted by the Council and, if granted, upon conditions and restrictions deemed reasonable and only after the consideration and report of the Board of Planning Administration. (See Chapter 5 of Title 8 of this Code.) SEC. 9-5. 309 CONFORMITY REQUIRED Except as otherwise provided in this ordinance: (a) Land or structures in any district shall hereafter be used only for the purposes listed herein as permitted in that district and in accordance with the regu- lations herein established for that district and in accordance with any conditions and requirements which may have been established in connection with the authorization of any variance or the granting of any conditional use permit. (b) Ho structure shall be erected, reconstructed, relocated or structurally al- tered to have a greater bulk or higher proportion of parcel coverage than permissible under the limitations set forth herein for the district in which the structure is lo- cated. If already greater than the maximum permitted, it shall not be further increased. IM (c) No open space or off-street parking space existing or provided hereafter about any structure shall be reduced below the minimum requirement hereinafter set forth for such open space or parking space. If already less than said minimum re- quirements, it shall not be further reduced. (d) No parcel held under one ownership as of the effective date of this ordinance shall be reduced in dimension or area so as to be smaller than required by this or- dinance. If already less in dimension or area,the dimension or area shall not be further reduced. (e) No parcel created contrary to the requirements of the subdivision ordinance, Title 9, Chapter 4 of this Code, shall be used for any primary use. SEC. 9-5.310. APPLICABILITY TO PUBLIC AGENCIES The provisions of this ordinance, to the extent permitted by law, shall apply to all public bodies, districts and agencies of the Federal, State, county and municipal governments. ARTICLE 4. NONCONFORMING USES AND STRUCTURES SEC. 9-5.401. NONCONFORMING USES: CONTINUATION A nonconforming use may not be changed, enlarged, or altered, nor shall the building, structure, or premises upon which such use is located be enlarged, recon- structed, or structurally altered unless such use is changed to a use permitted by the provisions of this chapter. SEC. 9-5.402. 110NCONFOR14ING USES: CONVERSION TO CONFOPHING USES When any building or land has been used other than in conformity with the regu- lations applicable to the district of which it is a part, and when the Council, after due notice and hearing thereon, shall have found that the use has become dangerous or injurious to the public health, safety, or welfare, such use shall forthwith be con- verted to the classification of the area in which it is located. Should any nonconforming use be changed to another use not specifically authorizC by the provisions of this chapter, the Council, after due notice and hearing thereon, may order the discontinuance of the previously authorized nonconforming use and con- version of the use to the classification of the area in which such use is located. SEC. 9-5.403. NONCONFORMING USES: DISCONTINUANCE A nonconforming use shall be considered as permanently discontinued and may not be resumed if it is discontinued or abandoned for 180 days or more within twelve (12) consecutive calendar months. All nonconforming uses shall be permanently discontinued not later than January 27, 1976. SEC. 9-5.404. NONCONFORMING USES: REPAIRS TO DAMAGES The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding, and continued use of any structure occupied by a nonconforming use when damaged by fire, collapse, explosion, or act of God, occurring on or after -7- V J December 4, 1961, wherein the expense of such work does not exceed fifty (50%) percent of the appraised value for tax purposes of the structure at the time such damage occurred. SEC. 9-5.405. NONCONFORNING USES: MAINTENANCE Such repairs and maintenance work as are required to keep it in sound condition may be made to a structure occupied by a nonconforming use, provided no structural alterations shall be made except as are required by law or ordinance or authorized by the Environmental Planning Commission by a conditional use permit. The total structural repairs and alterations that may be made to a structure pursuant to the provisions of this Section (9-5.405) shall not, during its life subsequent to the date of its use becoming nonconforming, exceed fifty (50%) percent of its then appraised value for tax purposes, unless such use is changed to a con- forming status. ARTICLE S. AREA, COVERAGE, HEIGHT AND SETBACK LIMITATIONS SEC. 9-5.501. PARCEL The provisions of this section are minimum requirements for parcels used or in- tended to be used for primary uses or conditional uses. Other laws of the Town may impose standards requiring substantially larger parcels, thereby reducing the number of lots possible in a subdivision. (a) Minimum Parcel Area. No parcel shall have a net area less than 43,560 square feet. (b) Slo a density requirements. In addition to the requirements set forth in subsection a of tis section, the average area of lots created in any subdivision after October 3, 1963, shall not be less than the following: (1) Where the average slope of the parcel to be subdivided is greater than ten (10%) percent, but not greater than forty-five (45%) percent, the average net lot area shall not be less than "a" as determined by the formula: a- .L`'t 43 _ O where "S" is the average slope of the parcel in percent. (Z) Where the average slope of the parcel to be subdivided is greater than forty-five (45%) percent, the following provisions shall be adhered to: (I) The number of lots and average net lot areapermittedshall be based on a demonstration by the applicant and finding by the Board of Planning Ad- c.i,:istraticnor Environmental Planning Commission that each lot and related subdivision improvements can be developed in compliance with the "Purposes" (Sec. 9-5.103) of this chapter and "Purposes" of Title 9, Chapter 4 of this Code. (II) The Board of Planning Administration or Environmental Planning Commnission shall extend the formula provisions in Sec. 9-5.501(b)(1) to the average slope of the parcel to be subdivided as a guideline up to fifty (50%) percent in determining the adequacy of the average net lot area of the subdivision. SE 6 V (III) In no case, shall the average net lot area be less than the area required by Sec. 9-5.501(b)(1) for a slope of 45%. (3) for the purposes of subsection (I) 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: _K__ (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 parcel to be subdivided. The topographic base map to be used shall meet the requirements for tentative subdivision maps as set forth in Article 3 of Chapter 4 of this title. Weasurements along contours shall be made at contour intervals not to exceed ten (10') feet. Any portion or portions of a parcel to be subdivided which have an average natural slope greater than 55% may be assigned an average slope of 55% for purposes of computing the average slope of the entire parcel. (4) Any proposed lot which is large enough to be further subdivided under the provisions of subsections (I) and (2) of this subsection, shall be excluded in computing the average slope and average net lot area in the balance of the subdivision. (5) It is inte;ided that the flexibility in individual lot sizes permitted by this ordinance 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 .iatural conditions and the surrounding neighborhood. The Board of Planning Adminis- tration or Planning Commission shall review the size of individual lots to determine compliance with this intent. (6) 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 subsections (I) and (2) of this subsection. tots not included in the total net acreage used in determining average lot area, as provided for in subsection (4) of this subsection, may be further divided subject to the provisions of this chapter and other laws of the Town. (c) The following are exempt from the minimum parcel area requirements of the district in which situated even though less in area than required by this ordinance and may be used by the owner of the parcel or his successor in interest as a site for a principal use permitted in the district provided that all other regulations for the district are complied with: (I) Any parcel which was under one ownership prior to the adoption of this ordinance and was established in full compliance with zoning and subdivision regula- tions in force at the time such parcel was created as a separate parcel; (2) Any lot in a subdivision recorded subsequent to February 13, 1945. SEC. 9-5.502. COVERAGE No building or combination of buildings shall be erected, established, maintained or altered where the total building coverage would exceed fifteen (15%) percent of Ma the net lot area. Building coverage is the area covered by all buildings on a parcel. The area shall be measured in a horizontal plane and may exclude roof overhangs up to four (4') feet. Uncovered decks no more than two (2') feet above the average level of the finished ground shall not be included as building coverage. SEC. 9-5.503. HEIGHT (a) Structures. No structure, or part thereof, including aerial towers, shall be construct oe� t%red to exceed thirty (30') feet in building height. (b) Walls and fences. Walls or fences shall not exceed a maximum height of six (6') feet wnan o� T cateTbetween setback lines and property lines, nor a maximum height of three (3') feet in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private, and a straight line joining points on such center lines eighty (80') feet distant from their intersection. The purpose of this requirement is to provide an unobstructed view of approaching traffic on the intersecting roads. The Environmental Planning Commission may prescribe greater res- trictions than the heights or distances set forth in this subsection where unusual conditions made such additional restrictions desirable in the interests of the public safety. (c) Trees and shrubs. In an area bounded by the center line of intersecting roads or easementvehicular access, public or private, and a straight line joining points on such center lines eighty (80') feet distant from their intersection, all shrubs and plants shall be pruned to a height not to exceed three (3') feet above the road level at its nearest point. All side limbs of trees in such area shall be pruned to a height of not less then six (6') feet above the road surface. The purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The Environmental Planning Commission may prescribe greater restrictions on the heights and distances set forth In this section where unusual conditions make such additional restrictions desirable in the interests of public safety. (d) Ornam=.ntal garden structures. Ornamental garden structures without roofs and which do not excee SIX feet in height may be located between property lines and setback lines provided they not exceed three (3') feet in height when located in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private, and a straight line joining points on such center lines eighty (00') feet distant from their intersection. SEC. 9-5.504. SETBACK LINES The location of structures with respect to property lines and easement lines shalt be regulated as follows: (a) No structure, nor any portion thereof, shall be so constructed, altered, or maintained as to be located between the property line and the setback line, except as otherwise permitted by this chapter. (b) The setback line for any structure shall be: (I) Forty (40') feet from the nearest line of any public or private street right-of-way easement for vehicular access or official plan line. Where a lot abuts ok more than one such street or easement, the forty (40') foot setback line shall be required from only one such property line. In such instances, the property owner may -10- select the property line provided such choice, in the opinion of the City (Manager or his authorized representative, will not be injurious to adjacent properties or the public interest, and (2) Thirty (30') feet from the property lines in all other instances. ARTICLE 6. OFF-STREET PARKING SEC. 9-5.601. RESIDENTIAL USES Each dwelling shall provide surfaced off-street parking facilities for a minimum of six (6) cars, including garage or carport space. Each parking space shall be at least ten (10') feet wide and at least twenty (201) feet long. Unobstructed vehicular access shall be available to each space at all times. SEC. 9-5.602. CONDITIONAL USES Parking areas for conditional uses shall be adequate to accommodate all vehicle storage requirements for maximum foreseeable assemblies without resorting to adjoining roads or interior driveways for parking. In no case shall the combined ground coverage of structures, roadways, parking areas, or other impervious facilities exceed forty (40%) percent of the net area of the lot. ARTICLE 7. RESIDENTIAL -AGRICULTURAL DISTRICT (R -A) SEC. 9-5.701. PRIMARY USES PERMITTED (R -A) The following primary uses shall be permitted in the Residential -Agricultural District: (a) Primary dwellings; and (b) Agriculture SEC. 9-5.702. ACCESSORY USES AND STRUCTURES PERMITTED (R -A) The following types of accessory uses and structures shall be permitted in the Residential -Agricultural District: (a) Home�occu.atiors. Home occupations shall be permitted where the use is en- tirely subor road' to to the primary use of the premises for the home of a family. There shall be no retail sales on the premises,no advertising of any kind visible from off the premises, no evidence from off the premises of the business, no parking more than normally required for a residence, and not over one assistant outside the family unit shall be employed. The raising on the premises of agricultural products and the sales thereof are expressly excepted from the provisions of this chapter but shall be subject to rea- sonable regulations by the Town. (b) Halls, and fences, trees and shrubs. Halls, fences, trees and shrubs are permitted within the confines of a lot or contiguous lots, subject to the height limitations of Sec. 9-5.503. (c) House number signs. A sign not more than one and one-half (1-31) square feet in area bearing the house number and the name of the occupant, or a name designated other than one of a commercial purpose, shall be permitted. V %0 (d) ._cc_ss r, ':uitdin;s. Accessory buildings may be constructed only in accor- dance with the setback requirements of this chapter. An accessory building may be erected prior to the construction of the main building only if it is agreed that the main building shall be completed within three (3) years from the date of the issuance of the permit for the accessory building. A temporary accessory building shall be removed within thirty (30) days after the completion of the main building or within eighteen (18) months after the issuance of a permit for the accessory building, whichever is the earlier date. (e) Private stables. No structure designed or used for occupancy by hoofed animals may be constructed or maintained within thirty (30') feet from the property line. A maximum of two (2) hoofed animals per acre shall be permitted provided the conditions are satisfactory to the County Department of Health or such other agency as may be in charge of health standards for the Town. (f) Swimmin ools, tennis courts reenhouses and workshops. These and other accessory uses foun by the ann ng Comm ss on to comply with the definition of accessory use shall be permitted. (g) ' h i ddcare homes. Family homes, non -institutional in character, which provide day care only, for not more than six (6) children and pursuant to applicable State and local regulations. Such uses shall also comply with the limitations of hone occupations in Sec. 9-5.702(a). (h) Household pets and demestic animals permitted by Town regulations. (i) Ornamental garden structures, such as benches, statuary, raised planters and fountains. SEC. 9-5.703. CONUITIONAL USES AND STRUCTURES (R -A) The following uses may be established in the Residential -Agricultural District subject to the recommendation of the Environmental Planning Commission, the approval of the Council, and the issuance of a permit therefor pursuant to the provisions of this chapter: (a) Public libraries. (b) Churches, other places of worship, and convents, but not including funeral chapels or mortuary chapels. The number of residents of a convent shall not exceed three and five -tenths (3.5) times the estimated maximum number of lots permitted by the provisions of this chapter on such property as is devoted exclusively to convent use; (c) House trailers or other vehicles may not be used as primary or secondary dwellings. A temporary permit for the use of a house trailer as a dwelling for not more than thirty (30) days in any calendar year may be issued by the City Clerk upon certification that the use pursuant thereto shall be by a bona fide nonpaying guest, but in all events applicable setback requirements shall be strictly enforced; (d) Recreational facilities, including recreational or community center buil- dings and grounds for games and sports, except those customarily carried on primarily for profit; -12- V J (e) Day nurseries and kindergartens. Day nurseries are facilities which accept for day care and supervise children under 16 years of age or provide for care that is institutional in character for ten or fewer children. Such facilities shall be opera- ted pursuant to applicable State and local regulations. The term day nursery includes all types of group day care programs, in- cluding day nurseries for children of working mothers, nursery schools for children under the minimum age for admission to public schools, parent -cooperative nursery schools, play groups for preschool children, programs giving after school care to school age children, etc.; (f) Public schools; (g) Private schools; (h) Public utility and service uses; provided, however, permits shall 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. The proposed routes of all electrical distribution lines carrying current in excess of fifteen (15) kilovolts and the location of public utility structures requiring rights-of-way of thirty (30') feet or more in width shall be submitted to the Environmental Planning Commission for approval prior to the acquisition of rights-of-way therefor, and any construction thereon shall not be commenced until such approval shall have been re- ceived; (i) Fire stations; (j) Police stations; and (k) Secondary dwellings subject to the applicable provisions of this chapter and other laws. One secondary dwelling on each parcel of land in one ownership which is of at least one acre in net area shall be permitted. Where any such parcel contains less area than is sufficient to permit two lots pursuant to the lot area requirements of Section 9-5.001 and the requirements of Title 9, Chapter 4, of this Code, no kitchen plumbing or other kitchen facilities of any kind shall be maintained or in- stalled in any secondary dwelling, and such dwelling shall be used only as a temporary residence for bona fide nonpaying guests of the residents of the dwelling on the same parcel. Where the Environmental Planning Commission finds the parcel is of sufficient size to provide area for two lots pursuant to Section 9-5.501, the restrictions on kitchen facilities and temporary residence of nonpaying guests may be deleted at the discretion of the Environmental Planning Commission. (1) Commercial stables in compliance with Title 6, Chapter 1, and when deemed appropriate by the Environmental Planning Commission to meet the needs of residents of Los Altos Hills for stabling facilities. zSEC. 9-5.704. AREA, COVERAGE, HEIGHT AND SETBACK LIMITATIONS (R -A) (See Article 5 of this chapter for the applicable provisions) SEC. 9-5.705. OFF-STREET PARKING (R-A).(See article 6 of this chapter for the appli- cable provisions.) ARTICLE 3. OPEN SPACE RESERVE DISTRICT (OSR) SEC. 9-5.801. PRIMARY USES PERMITTED (OSR) The following primary uses shall be permitted in the Open Space Reserve District: -13- Q 4 (a) Agricultural uses, including horticulture and grazing; (b) Forest preserves; and (c) Other open space uses. SEC. 9-5.802. ACCESSORY USES AND STRUCTURES PERMITTED (OSR) The following accessory uses and structures shall be permitted in the Open Space Reserve District: (a) Structures other than buildings which are necessary for the conduct of a permitted primary use. (b) Fences, trees and shrubs subject to the height limitations of Sec. 9-5.503. SEC. 9-5.803. AREA, COVERAGE, HEIGHT AND SETBACK LIMiITATIONS (OSR) (See Article 5 of this chapter for applicable provisions.) ARTICLES 9 AND 10 NOT USED. ARTICLE II. APPEALS, VARIANCES, CONDITIONAL USE PER4ITS, AND MIENDMENTS SEC. 9-5.1101. APPLICATIONS Each application for a conditional use permit, variance, or appeal shall be in writing and shall contain or be accompanied by the following: (a) A reference to the specific provisions of this chapter which are involved; (b) As the case may be: (1) A description of the use for which the conditional use permit is sought; or (2) The details of the variance applied for and the grounds upon which the claim is made; or (3) The interpretation claimed or decision made on which the appeal is filed. (c) Filing fee and deposit for services as adopted by resolution of the Town Council. (d) The name and address of every owner of property within a distance of 300 feet from the property as shown on the latest assessment roll of the County. SEC. 9-5.1102. APPEALS FROM DECISIONS OF ADMINISTRATIVE OFFICIALS Any party aggrieved by the decision of an administrative official in the admin- istration or enforcement of this chapter relative to variances and other matters for which this chapter assigns responsibility to the Board of Planning Adjustment may appeal such decision to the Board of Planning Administration. All other matters shall be appealed to the Environmental Planning Commission. All appeals shall be in accor- dance with the provisions of Section 9-5.1101 and subject to public hearing by the -14- appropriate body pursuant to SEC. 9-5.1105. All actions of the Board of Planning Administration and Environmental Planning Commission shall be in accordance with SEC. 9-5.1106. SEC. 9-5.1103 VARIANCES The Board of Planning Administration shalt hold a public hearing on each aoolica- tion for a variance. Notice of such hearing shall be in accordance with SEC.9-5.1105. Actions of the Board of Planning Administration shall be in accordance with SECTIONS 9-5.1106 and 9.5.1107. SEC, 9-5.1104. CONDITIONAL USE PERMITS The Environmental Planning Commission shall hold a public hearing on each appli- cation for a conditional use permit. Notice of such hearing shall be in accordance with SEC. 9-5.1105. Actions of the Environmental Planning Commission shall be in accordance with SECTIONS 9-5.1106 and 9-5.1107. SEC. 9-5.1105. PUBLIC HEARINGS Notice of public hearings shall be posted on Town bulletin boards and at least 300 feet at approximate 100 foot intervals from each boundary of the property alonq the highway or street upon which such property abuts or from any access road or way to non -frontage property. Notice of such hearings shall also be served by United States mail to each property owner within a distance of 300 feet of the property, using addresses from the last adopted tax roll. Such postings and service by mail shall be completed at least ten (10) days prior to the date of the hearing. SEC. 9-5.1006. ACTION OF THE BOARD OF PLANNING ADMINISTRATION AND ENVIRONMENTAL PLANNING COMMISSION Upon the approval or conditional approval of an appeal or application for a con- ditional use permit or variance, the Board of Planning Administration or Environmental Planning Commission shall transmit a record of its action to the Council. The trans- mittal shall state the full record of the findings made and shall be filed in the office of the City Clerk by appropriate reference. A ruling shall be requested from the City Attorney before any determination in- volving an unusual question of law is made or from the City Engineer in the event of an unusual question of engineering, and such ruling shall be filed with the applicatir SEC. 9-5.1107. CONDITIONAL USE PERMITS AND VARIANCES: APPROVAL: CONDITIONS Conditional use permits and variances may be granted only when facts are es- tablished which support the findings required by the provisions of this section. Con- ditions may be attached to any approved application in order to secure the purposes of ,his chapter. (a) Conditional use permits. (1) Conditional use permits shall be granted by the Environmental Planning Commission only when it is found that: (I) 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; -15- (II) 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 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; (III)The site for the proposed use will be served by streets and high- ways of adequate width and pavement to carry the quantity and kind of traffic generate6 by the proposed use; and W) 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. (b) Variances. The Board of Planning Administration shall grant the requested varianceni—wha or in part if, from the facts presented in connection with the application or at the public hearing, it appears and the Board of Planning Administra- tion specifies in its findings facts which establish beyond reasonable doubt: (I) That there are exceptional or extraordinary circumstances or conditions applying to the property involved, including size, shape, topography, location or surroundings, which do not apply generally to other property or uses in the same vicinity and zoning district; (2) That, e.,ing to such exceptional or extraordinary circumstances, the literal enforcement of the provisions of this chapter would result in practical difficulties; (3) That the strict application of the provisions of this chapter would deprive such property of privileges enjoyed by other property owners in the vicinity and under an identical zoning classification; (4) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or in the zoning district in which the property of the applicant is located; (5) That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulation governing the parcel of property; and (6) That the granting of such variance will be in harmony with the general purpose and intent of this chapter and the General Plan. If the facts do not establish that all of the six (6) conditions set forth in this subsection apply to the subject case, the Board of Planning Administration shalt deny the requested variance. 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 classified in the same zoning district. SEC. 9-5.1108. EFFECTIVE DATES OF ACTIONS OF BOARD OF PLANNING ADMINISTRATION AND ENVIROWENTAL PLAINNING COMMISSION -16- Actions of the Board of Planning Administration with regard to variances and appeals from administrative officials and actions of the Environmental Planning Commission with regard to conditional use permits and appeals from administrative officials shall become final on the eleventh day following approval or denial, but no sooner than the next regular meeting of the Town Council, unless an appeal is filed in accordance with SEC. 9-5.1109 or the Town Council elects to review the approval or denial in accordance with SEC. 9-5.1110. SEC. 9-5.1109. APPEALS FROM DECISI014S OF BOARD OF PLANNING ADMINISTRATION AND ENV1ROMMENTAL PLANNING COMMISSION Any party aggrieved by a decision of the Board of Planning Administration or Environmental Planning Commission may appeal such decision to the Town Council in accordance with the provisions of SEC. 5.1101 within ten (10) days of the decision being appealed. The Town Council shall hold a public hearing pursuant to notification as required by Sec. 9-5.1105. Prior to any action of the Town Council to modify the action of the Board of Planning Administration or Environmental Planning Commission, the Council shall refer the matter to the body against which the appeal was taken for review and report within thirty (30) days from date of Council referral. SEC. 9-5.1110. COUNCIL REVIEW OF ACTIONS The Town Council may at its first regular meeting following an approval by the Board of Planning Administration. or Environmental Planning Commission of an appeal from an administrative decision, variance or conditional use permit, elect to review such approval. In such event, the Council shall set the matter for public hearing in accordance with SEC. 9-5.1105. Prior to taking any action reversing the decision of the Board of Planning Administration or Environmental Planning Commission, the Council shall refer the matter back to the approving body for review and report within thirty (30) days from date of Council referral. The action of the Town Council shall be effective immediately upon a decision. SEC. 9-5.1111. DENIAL: RESUBMISSION An application for a conditional use permit, variance, or appeal which has been denied by the Council which is substantially similar to one which has been so denied may not be resubmitted by the applicant within a period of one year from the date of the final Council action. SEC. 9-5.1112. AMENDMENTS Amendments to this chapter shall be made pursuant to applicable provisions of state taw. ARTICLE.12. ADMINISTRATION AND ENFORCEMENT SEC. 9-5.1201. ADMINISTRATION AND ENFORCEMENT OFFICIALS Except as otherwise provided in this chapter,the City Manager, City Clerk, Building Inspector, or other designated public official shall administer and enforce the provisions of this chapter. SEC. 9-5.1202. BUILDING PERMITS No structure or accessory structure for which a building permit is required by -17- the Building Code shall be erected or altered until a permit therefor has been issued by the Building Inspector or other person designated by the Council. All applications and fees for such permits shall be in accordance with the requirements of this chapter and other laws, and no building permit shall be issued for any building where the construction, addition, or alteration would violate the provisions of this chapter or other laws. SEC. 9-5.1203. BUILDING PER11ITS: APPLICATIONS: ACCOMPANYING DATA There shall be submitted with all applications for building permits the required copies of a layout or plot plan with a five (5') foot contour interval and drawn to a suitable scale (one inch equals fifty (50') feet or larger) showing the actual dimen- sions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, and such other information as may be necessary to determine and provide for the enforcement of the provisions of this chapter or other laws. Such plans and specifications as may be deemed necessary by the Building Inspec- tor to determine and provide for the enforcement of the provisions of this chapter or other laws shall also be submitted with applications for building permits. SEC. 9-5.1204. ISSUANCE OF CONFLICTING PERMITS, LICENSES, AND CERTIFICATES Any permit, license, or certificate issued in conflict with the provisions of this chapter shall be null and void. SEC. 9-5.1205. SUPPLEdETAL REGULATIONS AND PROCEDURES The Board of Planning Administration and the Environmental Planning Commission may recommend and the Council may adopt in accordance with the provisions of this chapter and in amplification thereof such regulations and procedures as may be deemed desirable for the Town. Such regulations and procedures shall be typed or printed and kept on file with the City Clerk in the Town Hall and be available forthe use of any interested party at any time during the office hours of the City Clerk. SEC. 9-5.1206. PUBLIC NUISANCES: ABATEMENT Any structure erected, moved, altered, enlarged, or maintained and any property used contrary to the provisions of this chapter shall be, and is hereby declared to be, unlawful and a public nuisance. The City Attorney, on referral thereof to him by the Council, shall immediately institute the necessary legal proceedings appropriate for the abatement, removal, and injunction thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends and to cause the structure or use to be removed or abated and to restrain or enjoin the erecting, moving, or enlarging of the property or use contrary to the provisions of this chapter. SECTION 2. This ordinance is adopted pursuant to the Planning Act of the State of California and following noticed public hearings. It shall be posted in three (3) public places within the Town, and shall become effective thirty (30) days following its adoption. _18_ I hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills held on January 17, 1973, and was passed and adopted at a regular meeting of the City Council of the Town of Los Altos hills held on robruary 7, 1973 by the following roll call vote: AYES: Councilmen Davey, Grabowski, Kubby, Miller and Mayor Heigesson NOES: None ABSENT: None APPROVED: Mayor �— LAKK Title 9 Chapter 5 (Ordinance 207) _19_ arrest' �— City Clerk