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Home My WebLink About381 ORDINANCE NO. 381 ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING THE MUNICIPAL CODE TO PROVIDE FOR A PATHWAY FUND AND TO REVISE REQUIREMENTS FOR PATHWAY EASEMENTS, CONSTRUCTION,AND IN-LIEU FEES WHEREAS,the Town has amended the Pathway Element of the Town's General Plan to reflect current facts, goals,policies and laws; and WHEREAS, the City Council wishes to amend the Municipal Code to be consistent with the recently amended Pathway Element;, NOW,THEREFORE,the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. Addition to Code. Article 3 (Pathway Fund) is hereby added to Chapter 3 (Funds) of Title 3 (Finance) of the Los Altos Hills Municipal Code to read: "Article 3. Pathway Fund Section 3-3.301 Established. There is hereby established a special fund to be known at the "Pathway Fund." Section 3-3.302 Deposits All funds collected pursuant to the provisions of Section 9-1.1112 and 10-2.608 shall be deposited into the Pathway Fund. Section 3-3.303 Expenditures All funds received and held in the Pathway Fund shall be used exclusively for the maintenance,repair, construction and acquisition of property for the Town's pathway system." 2. Amendment of Code. Section 9-1.1112 of Article 11 (Improvements) of Chapter 1 (Subdivisions) of Title 9 (Subdivisions and Plan Lines) of the Los Altos Hills Municipal Code is hereby amended to read: "Section 9-1.1112 Pathways Every subdivider shall dedicate pathway easements and construct paths to Town standards when such dedications and construction requirements are a condition of r approval of the tentative subdivision or parcel map, consistent with the Pathway Element of the General Plan and the Master Path Plan. Any lot in the subdivision that does not contain a path shall be assessed a pathway fee,the amount of which shall be fixed by Council resolution. Funds collected shall be deposited in the Town's Pathway Fund." 3. Addition to Code. Section 10-1.226a(Habitable floor area)is hereby added to Article 2 (Definitions) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to read: "Section 104.226a. Habitable floor area. 'Habitable floor area' shall mean floor area, as defined in Section 10-1.223 of the Zoning Code, which includes provisions for space heating,with floor to ceiling heights in excess of seven(7) feet, and is intended for living purposes for human occupancy. 'Habitable floor area' shall include,but is not limited to, bedrooms,bathrooms, kitchens, living, family, and dining rooms, office/study areas, game rooms,P oolhouses, or similar use areas, as well as entry foyers,hallways, stairs, etc.,which connect such areas. Floor area clearly intended for garage or storage use, barns or stables (excluding any habitable portion of the building), and basements and attics with floor to ceiling heights of less than 7 feet are not considered'habitable."' 4. Amendment of Code. Section 10-2.606 (Dedication of Pathway Easements) of Article 6 (Pathway Dedication,Maintenance and Improvement) of Chapter 2 (Site Development) of Title 10 (Zoning and.Site Development) of the Los Altos Hills Municipal Code is hereby amended to read: "Section 10-2.606 Dedication of Pathway Easements. Whenever a site development permit is requested for a main residence, a secondary dwelling, an addition to a structure of at least 900 square feet of"habitable" floor area (including cumulative additions of 900 or more square feet of habitable floor area), or a barn or stable of at least 900 square feet in floor area, on a property which is designated on the Master Path Plan for an off-road pathway or for a roadside pathway,but where all or a portion of such roadside path cannot feasibly be located within the existing public or private right-of-way,the Site Development Authority may require the dedication of an easement for public use as part of the Town's pathway system according to the guidelines contained in the Pathway Element of the General Plan. Pathway easements shall be required within emergency road easements. In addition,the following guidelines apply: (a) An easement should generally be located along the boundary of a property; (b) The easement shall be located so as to'connect to existing or future pathway segments at the boundaries of a property; and —2— (c) . The easement shall not be located on terrain that cannot be safely or conveniently traversed by pedestrians or equestrians." 5. Amendment of Code. Section 10-2.607 (Construction of Pathways) of Article 6 (Pathway,Dedication, Maintenance and Improvement) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read: "Section 10-2.607 Construction of Pathways. The Site Development Authority may require the construction of pathway improvements within dedicated easements or public rights-of-way for public'use as part of the Town's pathway system as shown on the Master Pathway Plan; and according to the engineering standards of the Town,for.any site development permit for a main residence, a secondary dwelling, an addition to a structure of at least 900 square feet of"habitable" floor area (including cumulative additions of 900 or more square feet of habitable floor area), or of a barn or stable of at least 900 square feet in floor area." 6. Addition to Code. Section 10-2.608 (Pathway Fee) of Article 6 (Pathway Dedication, Maintenance.and'Improvement) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby added to read: "Section 10-2.608 Pathway Fee. A site development permit for a lot on which no path is needed and on which is to be constructed a main residence, a secondary dwelling, an addition to a structure of at least 90.0 square feet of"habitable" floor area(including cumulative additions of 900 or more square feet of habitable floor area), or a barn or stable of at least 900 square feet in floor area shall be assessed a pathway fee,the amount of which shall be fixed by Council resolution. Pathway fees collected shall be deposited in-the Town's Pathway Fund. No fee shall be assessed if the lot has been assessed-and has paid a fee pursuant to Section 9- 1.1112 of the Subdivision Ordinance." 7. Amendment of Code. Section 10-2.1314 of Article 13 (Administration and Enforcement) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read: "Section 10-2.1314 Fees.' There shall be paid for each site development and zoning permit a nonrefundable filing fee and deposit,the amount of which shall be fixed by Council resolution." —3 — 8. Severability. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations. 9. Environmental Review. Pursuant to the California Environmental Quality Act,the Council adopts a negative declaration and finds that this ordinance will result in no significant environmental impacts. 10. Effective Date; Posting. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos Hills in three(3)public places. INTRODUCED: March 6, 1996 PASSED: March 20, 1996 AYES: Mayor Siegel and Councilmembers Dauber, Hubbard and Johnson NOES: Councihnember Casey ABSTENTIONS: None ABSENT: None By: ATTEST: Mayor Siege City&erk AP ROVED AS TO FORM: City Attorney 14949/006/1048312.1 —4—