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HomeMy WebLinkAbout209ORDINANCE NO. <<``l AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING PORTIONS OF THE LOS ALTOS HILLS MUNICIPAL CODE RELATING TO ADMINISTRATION, PLAN LINES AND SITE APPROVAL. The City Council of the Town of Los Altos Hills does hereby ordain as follows: SECTION 1. Sec. 2-1.102 of Title 2 of the Los Altos Hills Municipal Code is hereby amended to read as follows: "Sec. 2-1.102. Special meetings. Special meetings may be called at any time by tho Mayor, or by three (3) members of the Council, by delivering personally or by mailwritten notice to each Councilman and to each local newspaper of general circulation and radio and television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Councilman who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Councilman who is actually present at the meeting at the time it convenes. All special meetings of the Council shall be open to the public." O. (AISTNT za 6333 -1- SECTION 2. Chapter 2 of Title 2 of the Los Altos Hills Municipal Code is hereby amended to read as follows: "CHAPTER 2. COMMISSIONS AND BOARDS Article 1. Environmental Planning Commission Sec. 2-2.101. Established. Pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the State (the Planning and Zoning Law), an Environmental Planning Commission for the Town of Los Altos Hills is hereby established. Sec. 2-2.102. Members. The EnvironmenQQtal Planning Commission shall N consist of � 0 ) members. Sec. 2-2.103. Change of Title. Wherever, in this Code, reference is made to the "Planning Commission", the context so permitting, the reference shall be deemed to be to the "Environmental Planning Commission". Article 2. Board of Planning Administration. Sec. 2-2.201. Established. There is hereby established for the Town a Board of Planning Administration, the powers and duties of which shall be as prescribed in this Code. Sec. 2-2.202. Members. The Board of Planning Administration shall consist of three (3) members, one being the City Manager, and the other two (2) being members of the Environmental Planning Commission assigned by the Chairman of the Environmental Planning Commission and serving for a term of approximately two (2) months each upon a rotational basis as prescribed by the Chairman of the Environmental Planning Commission." \oein o. FRISANT 1�A IF, 94304 3a caaa -2- G SECTION 3. Chapter 1 of Title 9 of the Los Alto, Hills Municipal Code is hereby amended to read as follows: "CHAPTER 1. OFFICIAL PLAN LINES Sec. 9-1.01 BUILDINGS AND IWRO✓EM3NIS PROHIBITED WITHIN LINES. Except as otherwise provided in this chapter, no building, structure, or other improvement shall ba erected or placed within any Official Plan Line established by .,_finance. The provisions of this section shall not apply to lawns, crops, plantings, sbrubbery, and the like, not to such ordin- a.rl front yard fences and nonperm ipnt structures which will not, in the opinion of the Board of Planning Administration, defeat the purposes of this chapter. (§ I, Ord. 65) Sec. 9-1.02 EXCEPTIONS. (a) AUT:IORIZED: CRITERIA. The Board of Planning Administration shall have the paver to grant exceptions from the strict application of the pro- visions of tris chapter in cases where, due to specizl conditions or oxcep- tienal characteristics of the proparty involved or r.ts location or surround- ings, a l:.teral erfercernnt of the provisions of this chapter would result in pr :cticzl difficilties or unneceFsary hardships; provided, however., no such exceptions shall be granted unless the Board of P]annin!7 Administration shall find that the granting of such e:cceptlon will not be contrary to the intoat of the provisions of this chapter nor to the public interest, safety, health and welfare. (b) AP^LICATIONS. Applications for any exceptions pursuant to the pro- visions of this section shall he made to the Board of Flnnning Administration rnd shall include a scale drawing of the building, structure, or other improve rant to be erected, togathe-r. with such information as may be required. (c) FE?S, A nonrefundable filing fee of Fifty Two and no/lOOths ($53.00) Dollars and a deposit for ocrvices of Tato Fundrad and no/100thc ($200.00) Dollars shall accompany each such anplic :tion. (d) F?ARICIG.S: NOTZCRS. Upon roceirt of such an application, Board of Planning A'_cinistration shall hold one public hearing t:hercon, notice of va:.ic"i shall be givrn by publication once in a newspaper o: general circula- tion within the Town not less than ten (10) days prior to the date of the hearing. (e) BOARD OF PLANNING ADM?".I.'.STRATION DECISIONS AND RECOMMMATIONS. The Board of Planning Adninistznt'J.on shall make its decision upon the applica- tion within fifteen (15) days afier the public hearinq. The Beard of Planning Aoministratien caaJ.l great the o%ciption arpliod for subject to soch condition: as the heard of Plsnninq Adririst_aticn may desm aacesoory 2or the accorplish- mant of thn purposes Of this ci».rtcr end o:f the o�-jectives of the General Pian or shall deny the application for the exception. The Board of Planning Administration shall report its action to the City Council setting forth all conditions placed on any exception. (f) COUNCIL. Upon the receipt of such report, the Council may agenda the matter for review. If the action of the Board of Planning Administration is appealed, the City Council shall agenda the matter for a hearing. The action of the City Council is final. ROBIN O. FAISANT •� 3 6 sa]3 -3- Sec. 9-1.03. ADOPTIO14 OF LUPINE ROAD OFFICIAL PLA14 LINES. There is hereby adopted that certain Official Plan Lines Map of the Town, a copy of which is adopted by reference and specifically made a part of this chapter as though set forth in full in this chapter, and which is more parti- cularly described as the Official Plan Lines Map, Lupine Road between Page Mill Road and Marian Avenue, dated November, 1959. Said map is on file in the office of the City Clerk." SECTION 4. Chapter 2 0l Title 9 of the Los Altos Hills Municipal Code is hereby amended to read as follows: CHAPTER 2. SIDE APPROVAL Sec. 9-2.01. RAQUIRED. No person shall construct or move onto any lot or site within the Town any 1.�,.ilding or other structure, and no building permit shall be issued for the erection, construction, or improvement of any building or other ctrucb.:re on suy l.,t or site within the Town until final site approval I't•c-for has b•nen granted in accordance with the provisions of this chapter. Sec. 9-2.02. API'LlCATIONS. Applications for the site approval required by the provisions of this chapter shall be in writing on forms approved by the Board of Planning Administration and shall be accompanied by the required number of maps showing the proposed building site and complying in all respects with the requirements of the Business and Professions Code of the State for such record of survey maps. Also required are: (1) a current title report, and (2) names and addresses of property owners within 3001 of the subject property The fees set forth in Section 9-2.10 of this chapter shall be paid at the time the application is filed. Sec. 9-2.03. APPROVAL: PROCEDURE. The procedure for the processing and approval of applications for site approval and record of survey maps shall be the same as set forth in Article of Chanter a of this title for tentative subdivision maps. Sec. 9-2.04 APPROVAL: CONDITIONS. The Board of Planning Administration shall impose as conditions of site approval such requirements as may be in their opinion reasonably necessary to protect the public health, safety, and welfare and to eliminate unreason- able risks and burdens to the site, its intended occupants, and surrounding properties. Such requirements may include, without limitation, improvements for streets, surface and subsurface drainage and support, sewage disposal, grading, access, and such other matters as may be required by subdivision and other laws in effect and may further include such other conditions as may be suggested or required by the various agencies reviewing the application and map. The Board of Planning Administration may impose reasonable condition in addition to those set forth in this section, as each situation necessitates governed by the particulars of each case, in order to carry out the purposes of this chapter and to protect the public health, safety and welfare. R 09"I O �AISANT ' `OALTQ. CALIF 94304 -4- 4) 0 Sec. 9-2.05. APPROVAL: COI]DITIONS: FILING MQUITD INFOMATION AND MAPS. In any case in which the Board of Planning Administration shall find that the public interest requires the filing of additional information and maps for site approval, such additional information and maps shall be required to be filed as a condition precedent to the approval of the application. Such additional requirements may include, without liraitation, the filing of tenta- tive and final subdivision maps conforming in all respects to the subdivision provisions set forth in Chapter 4 of this title, which maps shall be processed as set forth in said subdivision provisions. Sec. 9-2.06. AF'RCLAL: CONDITIONS: .F'cQUI.^-,D IMPROVEMENTS: AGREEIIMIT, BONDS,AIID IIISURANCE. If the conditions of tentative site approval require the construction of improvements which are not completed prior to the application for final site approval, the owners shall enter into a written agreement with the Town, which agreement shall be secured by a sufficient cash or surety bond, agreein„ to complete such i.nnrovcments within such time as shall be fixed by the Council and set forth therein, including the maintenance of such improvements for a period of one year following their acceptance by the Town. The :il may bonds and insurance as may be reasonably necessary under the circumstances of the particular application. All such agreements, bonds, and insurance shall be subject to approval as to form by the City Attorney. Sec. 9-2.07 APPROVAL: CONDITIONS: TIME LIMITS. In every case all of the requirements imposed as conditions of site approval shall be completed within one year following the tentative approval of the application fey site approval unless the Council shall have granted an extension of time for the completion thereof. Sec. 9-2.03. FILIAL /1.P11 -.OVAL: CERTIFICATES. The application for site approval shall be finally approved upon the issu- ance by the City Cleri: of his certificate certifying that all the requirements imposed by the Town have been fulfilled. Such certificate shall be issued when the City Cler% has received satisfactory evidence of the completion of such requirements. Such evidence shall consist of such of the following as are appropriate to the requirements imposed upon the particular application: (a) The engineer's certificate of completion of the required physical improvements, tog-ther with the posting of any bond or deposit required for maintenance; (b) Such deeds or offers of dedication for rights-of-way, easements, or other interests in land to the public as required by the tentative site approval, together with a title io�urence policy issued within ten (10) days previous to its filing, for the benefit of the Town, showing all parties having any interest in the land deeded or offered for dedication; (c) Where any required improvements have not been completed, such executed agreements, improvement plans, bonds, insurance certificates, and deposits as may be required therefor; and (d) written evidence of the payment of all required fees and of compli- ance with all the other conditions of tentative site approval. NO BIN O. FAISPNT LOH s) 32e-6333 a -5- I �%4 Q 0 Sec. 9-2.09, EXCEPTIOfJS. The requirements of this chapter shall not be applicable under the following circumstances: (a) Where the identical site has been approved as a building site on a final subdivision map or by building site approval procedure approved by the Town and recorded or completed, as appropriate, within ten (10) years prior to the date of the application for a building permit; and (b) Where the site already has structures existing thereon which were eructed in conformity with all laws applicable at the time of their erection and where the contemplated construction cnnsists of the construction of any auxiliary structure or the alteration, addition to, or expansion of any existing structure provided such alteration, addition or expansion can be made in conformity with all other applicable laws, unless such construction, alteration, addition, or expansion will involve, or is made for the purpose of, a change of the use of the subject structure or site. Sec. 9-2.10. FESS AND DEPOSITS: IPISPFCTIONS AND TESTS. (a) FEES AND DEPOSITS. There shall be a non-refundable filing fee in the amount of Fifty and no/100ths ($50.00) Dollars for building site approval, and, in addition thereto, there shall be a deposit for services in the amount of Two Hundred and no/lo0ths ($200.00) Dollars. The fees for map checking and inspections shall be four (49) percent of the total cost of the improve- ments as such cost is estimated by the City Engineer. Such fees shall be paid at the time the building site approval map is filed. (b) INSPECTIONS AMID TESTS. In any case in which the City Engineer certifies that additional inspections and/or tests, beyond those normally required, are necessary, the actual additional costs of such tests or inspections shall be charged by the City Engineer to the applicant in addition to the fees and deposits set forth in subsection (a) of this section. SECTION 5. This ordinance shall be posted within three (3) public places within the Town and shall become effective thirty (30) days following its adoption. I HFREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills on the 21st day of March, 1973, and was theeafter, regular meeting of said Council held on the /?— day of a a 1973, passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: Ci Clerk Mayor g0 T. O. AT ANT ALL ^LT.CALIF. C A _G_